loss of control

• Loss of Control (LoC)

  Defined under $54 Coroners and Justice Act 2009
• s54(1)(a) Loss of self-control


  D lost self-control at the time of the killing. s54(2) states that the loss of self-control does not have to be sudden, but the sooner it is the more likely D lost control R v Dawes 2013. D MUST HAVE REALLY 'LOST IT'+

  • s54 (4) :
  • says that D's conduct
  • cannot be viewed
  • as a considered desire for revenge

  - R v jewell 2014 - the fact that D was unwell, sleeping badly, tired, depressed and unable to think straight was not enough to prove that there was a loss of control
• what is the court's definition loc??

  Losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning as in R v jewell 2014
• s54(1)(b) Qualifying trigger


  If there was a loss of self-control this must come from a qualifying trigger

  • S55 (4) anger trigger
  • s55(3) fear trigger
• Anger trigger

  
  

  -use the objective test.

  -s55(6)(a) and (b) show that D can't use the defence if he incites the fear or anger trigger in order to provide himself with an excuse for violence.

  s55(6) shows that a sexual infidelity must be disregarded, but Clinton shows we can consider it if other things said or done cannot be understood without it
• s54(1)(c) Objective and subjective test


  Whether a person of D's age and sex in D's circumstances with a normal level of tolerance and self restraint might have acted in the same or a similar way.

  -s54(3) shows that all D's circumstances should be taken into account apart from those which only reduce D's tolerance in general (i.e. the drunkenness in Asmelash)
• Fear trigger


  D fears serious violence (Clinton) from V against themselves or another
• It is likely/unlikely that D will be able to prove all the elements on the balance of probabilities
• cases??

  • R v doughty 1989 - the loss of control must come from the fear trigger or the anger trigger. _
  • R v hatter 2013 - rules that break up of a relationship does not count.
  • R V ward 2012 - fear of violence on another person, who can be identified, can amount to a qualifying trigger.
  • R v Dawes 2013 - cannot rely on qualifying trigger if D has incited the violence under s55 (6) (a)
• things said or done ( anger trigger ) cases?

  R v Zebedee 2012 - killed his father who had Alzheimer and doubly incontinent. pleaded LOC. court ruled that neither conditions of the anger trigger was present and was convicted of murder.

  -R v bowyer 2013