Loss of Control

• What act is Loss of Control under?

  S.54 Coroners and Justice Act 2009.
• First rule of LOC?

  D must have lost self-control

  • Jewell - LOC is loss of considered judgement/normal powers of reasoning
  • Clinton -the greater deliberation, the less likely true loss of control
• Rule 2 of LOC?

  There must be a qualifying trigger (fear and anger).
• Fear trigger?

  Fear of serious violence (towards V or another).
• Anger trigger?

  Things said/done of an extremely grave character and D had justifiable sense of being seriously wronged - or a combination of the two.

  *Defence will fail if D incite these triggers/acted out of revenge.
• Dawes?

  Cumulative impact of events can be considered, individuals do not respond identically, nor all immediately.
• Rule 3 of LOC?

  A person of same age & sex as D, with normal degree of tolerance and self-restraint in D’s circumstances, would react in a similar way.
• Rule 3 test?


  Objective test - irrelevant if D bad tempered etc. only circumstances can be considered.
• Clinton?


  Sexual infidelity not accepted on its own, but surrounding circumstances can be considered (e.g. taunting).