Loss of control

Cards (10)

  • The partial defence of Loss of Control covers situations where D causes death but at the time of the killing lost self-control and reacted as a 'normal person' might have in D's situation
  • The law is set out in the Coroners and Justice Act 2009, which replaced the former defence of provocation
  • Loss of self-control
    This means as a loss of ability to act in accordance with considered judgement or a loss of normal powers of reasoning
  • The loss of control need not be sudden: s.54(2). It may follow from the cumulative impact of earlier events and build up over time
  • s.54(4) specifically excludes situations where D has acted 'in a considered desire for revenge'
  • The Qualifying triggers permitted are set out in s.55 Coroners and Justice Act 2009
  • s.55(3) = the fear trigger

    D fears serious violence from V against D or another identified person. This is decided subjectively
  • s.55 (4) = the anger trigger

    Things said or done which are of an extremely grave character and caused D to have a justifiable sense of being seriously wronged
  • Limitations on qualifying triggers 

    The fact that a thing done or said constituted sexual infidelity is to be disregarded
  • Limitations on qualifying triggers

    A person may not raise a qualifying trigger if they incited the thing done or said or the violence