Loss of control

• Loss of control- s54 and s55 of the coroners and justice act 2009
• definition:

  -the killing resulted in d suffering a loss of self-control

  -the loss of control had a ‘qualifying trigger‘

  -a person of D’s sex and age with a normal degree of tolerance and self-restraint and in the circumstances of D might have reacted in the same or a similar way to D
• S54 (2) - it does not matter whether or not the loss of control is sudden overruling Duffy
• S54 (4)- the defence will NOT be available if the defendant acted in a considered desire for revenge. Ibrams and Gregory
• S55 qualifying triggers
• S55 (3)- fears of serious violence from V against D or another identified person
• S55 (4) - A thing said or done (or both)

  (a) constituted circumstances of a n extremely grave character

  (b) caused D to have a justifiable sense of being wronged
• Fear of serious violenbe NOT APPLICABLE from any third party
• The normal person test

  limb 1: a person of D’s sex and age with a normal degree of tolerance and self restrain.

  limb 2: in the circumstances of d