CS - Loss of Control

• Christian (2018)


  Normal person test - D stabbed two victims to death over the temperature of the water in the communal shower. The judge ruled that the defence should not be left to the jury as D's reaction was so extreme that no normal person would have reacted in a similar way.
• Asmelash (2013)


  Normal person test - D claimed V was abusive which made D so angry he lost control and killed V. The Court decided the fact that D was drunk was not one of his 'circumstances' that had to be considered as it only related to D's general capacity to exercise tolerance and self-restraint.
• Rejmanski (2017)


  Normal person test - D was a former soldier who served in Afghanistan. He flew into a rage, 'lost it' and killed V, who had made negative comments to him about his military service. The Court decided that in this case PTSD had to be excluded from the description of a 'normal person'.
• Dawes (2013)


  Qualifying trigger - incitement - D found his wife and V asleep on the sofa with their legs entwined. D claimed that V then attacked him with a bottle and that is why he fatally stabbed V.
• Clinton (2012)


  Qualifying triggers - The Court decided that loss of control triggered by sexual infidelity cannot 'on its own' qualify as a trigger, but it would be wrong to exclude it where sexual infidelity forms an essential part of another possible trigger - in this case V's taunting of D.
• Hatter (2013)


  The anger trigger - The Court decided that 'the breakup of a relationship, of itself, will not normally constitute circumstances of extremely grave character and entitle the aggrieved party to feel a justifiable sense of being seriously wronged.
• Zebedee (2012)


  The anger trigger - D lost control when his 94 year old father who had alzheimer's repeatedly soiled himself. Neither of the two conditions were satisfied.
• Ward (2012)


  The fear trigger - D killed V after V had attacked D's brother. D did not fear serious violence towards himself but it applied as his brother was an identifiable person.
• Jewell (2014)


  Loss of self-control - D shot V at point blank range using a shotgun and fled the scene. The Court decided that there was insufficient evidence of D having lost his self-control. There was 'overwhelming' evidence that this was a planned execution.
• Van Dongen (2005)


  Normal Person test - D repeatedly kicked V about the head and body when V was lying on the ground. While a normal person may have lost control, they would not have reacted in this way.