loss of control

• Loss of control is a partial defence to murder, and where successful will decrease a charge to voluntary manslaughter
• Included in s.54 (1) of the coroners and justice act
• the first rule is that there must be a total loss of control, not partial as in R V Jewel
• Under s52(2) the loss of self control doesn't have to be sudden, different to old case of R V Ahluwalia
• The second rule is that there must be a qualifying trigger this can be either fear of violence or things done or said
• In terms of fear of violence, subjective test to prove the loss of control was due to this. In R V Dawes, there was no fear so it wasn't allowed
• s55(4) things done or said must a)come from an extremely grave character, and b) gives the D a justifiable sense of feeling wronged this is objective, for the jury to decide. The case for this is R V Zebedee
• The third rule is the obj test: this brings the question as to whether a person of the same age and sex as the D would've acted in the same way as D under the same circumstances s54(1)(c)
• The rules on sexual infidelity s55(6) (c) this will not be allowed- diregarded
• Revnege: Under s54(4), the defence is not allowed if D acted in revenge. So if D considered revenge, not allowed as in Ibrahams and Gregory.