Loss of control

• Definiton

  Loss of ability to act in accordance with considered judgement or a loss of normal powers of reasoning

  S.54 Coroners and justice act
• Key element 1

  Loss of self control

  *Loss of normal powers of reasoning (Jawell)

  *Need not be sudden S.54(2)

  *Not revenge S.54(4)

  *Not self induced (Dawes)
• Key element 2

  Was loss of self control attributable to a qualifying trigger?

  *Fear of serious violence against D or another identified person (Ward)

  *Anger, things said or done (Zebedee)

  *Sexual infidelity is excluded (Clinton)
• Key element 3

  Normal person test - how would they react

  *Same sex & age

  *Normal degree of tolerance and self restraint

  *In the circumstances of D (Clinton)

  *Might have reacted in same way as D