Loss of Control

• KEY POINTS:

  ·         Special/partial defence to the charge of murder

  ·         If successful will reduce to voluntary manslaughter
• Ss54 & 55 Coroners and Justice Act 2009:


  ·         D. must have lost control due to a qualifying trigger
• Qualifying Triggers:

  ·         Fear of serious violence (fear trigger)

  ·         Things said or done or both (anger trigger). 
• NOTE:

  Things said or done must have been both:

  ·         Extremely grave in character; and

  ·         Have given the defendant a sense of having been justifiably wronged (Zebedee).
• Excluded Triggers:

  ·         Sexual infidelity. Note, can be taken into account where it is mixed with other things said or done (Clinton).

  ·         Revenge. If D. acted out of revenge, then the defence will fail (Ibrams & Gregory).
• Last part to prove is whether a person:

  ·         Of the same age and sex

  ·         With a normal degree of tolerance & self-restraint

  In similar circumstances would have reacted in a similar way (Van Dongen)
• Key Cases:

   

  ·         Zebedee – illustrates just how ‘grave’ the things said or done need to be to be successful.

  ·         Clinton – tells us that sexual infidelity can only be a thing said or done if mixed with other things said or done.

  ·         Hill – circumstances can include things that have happened to the D. which is relevant to the level of self-control expected.

  ·         Ibrams & Gregory – acts of revenge will not qualify for loss of control.