Loss of control

• What type of defence is loss of control?

  A partial defence
• What is the effect of the partial defence of loss of control on a charge of murder?

  Reduces it to voluntary manslaughter
• Which offence is loss of control an defence to?

  Murder
• What is the source for the law on loss of control?

  ss54-55 of the Coroners and Justice Act 2009
• What is the three stage test for loss of control?

  1. Defendant must lose control
  2. Because of a qualifying trigger
  3. A person of the defendants sex and age with a normal degree of tolerance might have acted in the same way
• What section is the "The defendant must lose control" part found?

  s54(2)
• What section is the "Because of a qualifying trigger" part found?

  s55
• What section is the "A person of the defendant's same sex and age with a normal degree of tolerance might have acted the same way" part found?

  s54(1)(c)
• What section is the law on the fear trigger found?

  s55
• What section is the law on the anger trigger found?

  s55(4)
• What are the two qualifying triggers?

  Fear trigger and anger trigger
• What is "Loss of control" defined as in R v Jewell?

  Loss of control is considered to mean the loss of an ability to act in accordance with considered judgement or a loss of normal powers of thinking
• What does the loss of control not need to be?

  Sudden
• What can the jury take into account?

  The cumulative impact of events
• What is the fear trigger?

  The defendant must fear serious violence from the victim
• What must the serious violence not be?

  Incited by the defendant
• What can the serious violence be?

  Feared
• What must the serious violence be?

  No less than serious violence
• What is the anger trigger?

  Can be something done and/or said by the victim that constituted circumstances of an extremely grave (serious) character and caused the defendant to have a justified sense of being wronged
• What does R v Davies say about "Things done and/or said"?

  It doesn't have to be the victim who says/does the things
• Which case says that "it doesn't have to be the victim who says/does the things"?

  Davies
• What does "an extremely grave character" mean?

  Really serious nature
• What does R v Hatter say for the anger trigger?

  The breakdown of a relationship is not sufficient
• What does R v Bowyer say for the anger trigger?

  Defendant had no justified sense of being wronged since he was burgling the victim's house
• Who should the anger test be left to determine?

  The jury
• What does "caused the defendant to have a justified sense of being wronged" mean?

  Having a reason
• What is the objective test for the anger trigger?

  What would the reasonable person think was enough to make the defendant justified in feeling seriously wronged
• What type of test is the anger trigger?

  A high threshold test
• What case states the anger trigger is a high threshold test?

  Zebedee
• What section are the restrictions on the qualifying triggers found?

  s55(6)
• What are the restrictions on the qualifying triggers?

  1. If the defendant has incited the violence that they now fear; s55(6)(a)
  2. Unpleasant conduct by itself is not enough; s55(6)(b)
  3. Cheating by itself is not enough; s55(6)(c)
• What case and section states that loss of control is not available for those who act out of revenge?

  s54 (4) and Baillie
• What circumstances of the defendant are included in loss of control?

  ALL except those whose only relevance to the defendant's conduct is that they affect the defendant's capacity for self-restraint/tolerance
• What are relevant circumstances of the defendant for loss of control?

  Epilepsy, unemployment, depression (Gregson), sexual abuse as a child (Hill)
• What are circumstances of the defendant that are not relevant for loss of control?

  Bad temper (Mohammed) and intoxication (Asmelash)
• What does R v Asmelash say about intoxication?

  The jury should disregard the defendant's intoxication and use the reasonable man test to decide if he could claim loss of control
• What case defines loss of control?

  Jewell
• Which case tells us the breakdown of a relationship is not enough for the anger trigger?

  Hatter
• Which case tells us the defendant will have no justified sense of being wronged if he has burgled the victim's house?

  Bowyer
• What does the case of Zebedee tell us about the anger trigger?

  It's a high threshold test