Loss Of control

• Loss of control: 1. s54(1) coroners and justice act 2009 - defendant must lose control, qualifying trigger, normal person test
• S54(7) - A person but for this section would be convicted of murder, is now liable for the offence of manslaughter. Discretionary life sentence.
• s54(1) - Has to be a total loss of self control ( Jewel ) = being tired depressed unable to think straight does not amount to loss of control.
• s54(2) - The loss of control does not have to be sudden - Jury decision, ( Martin ).
• s54(4) - defence not available if defendant is acting out of revenge.
• s55(3) - D's fear of violence from victim against defendant or another ( Ward ) = Against another.
• s55(4) - Things said or done which a) create circumstances of grave danger ( Zebedee ) and b) sense of being wronged ( Hatter ).
• s55(5) - can be both or just one qualifying trigger.
• s55(6a) - cannot rely on 1st qualifying trigger if defendant incited the violence ( Dawes ).
• s55(6b) - Cannot rely on 2nd qualifying trigger if defendant incited the violence.
• s55(6c) - sexual infidelity on its own is not a qualifying trigger ( Clinton ).
• s54(3) - other circumstances may be taken into consideration, only age, sex and circumstances ( Holley ) , Depression and epilepsy ( McGrory ) , PTSD can be a circumstance ( Rejmanski ) , Voluntary intoxication is not a circumstance ( Asmelash ).
• s54(5) - if sufficient evidence is provided the jury must assume that the defence is satisfied beyond all reasonable doubt ( Martin ).