Loss of control

• Key points

  • Section 54 of the Coroners and Justice act 2009
  • Partial defence to murder only
  • AR + MR required as they have met criteria for murder but lost control
  • Reduce murder to manslaughter
  • Lesser sentence up to a maximum life imprisonment
• Elements

  1. Loss of Control (R v Jewell)
  2. Qualifying trigger (R v Hatter)
  3. A reasonable person (R v Clinton)
• Loss of control

  • Must be proven D lost control at the time they carried out the act
  • Section 54 (2) - need not be sudden (R v Ahluwalia)
  • A delay may be acceptable but, must be proven it was in response to a qualifying trigger
  • If D has a 'slow burn' reaction can still claim defence - e.g. women suffering from 'battered woman syndrome'
  • Cannot be planned
  • Section 54(4) - can't be motivated by revenge (R v Clinton)
• Qualifying trigger

  • Section 55 Coroners and Justice act 2009
  • Section 3 = Fear
  • Section 4 = Anger trigger
• S3 Fear

  • Fear of serious violence towards themselves or another identified person
  • Subjective to D but needs to be genuine
• S4 Anger trigger

  • Things done or said which are extremely grave + give D a justifiable sense of being wronged
  • Decided objectively what a normal person would thing (R v Hatler)
• S6


  Two further limits as to what may be classed as a qualifying trigger

  1. Sexual infidelity = no excuse killing - but may be used if part of a wider set of circumstances not sole reason
  2. desire for revenge = no excuse for killing
• A reasonable person

  • Jury must consider whether a person of D's sex + age with a normal degree of tolerance + self-restraint may have acted in the same way if in same circumstances
  • If believe a reasonable person would have lost control but not reacted the same the defence will not succeed
  • Physical and psychological state can also be taken into consideration (R v Hill)
• Burden of proof

  • D must put forward sufficient evidence of the possibility of the defence (R v Jewell)