loss of control

• Steps for loss of control

  1. A loss of self-control

  2. Qualifying trigger

  3. A person of the same sex/age in the same circumstances would've reacted the same way
• R v Ahluwalia


  Loss of control doesn't need to be sudden
• R v Jewell


  D must have more than the bare assertion of the defence. There needs to be a total loss of self-control
• R v Gurpinar


  - D loses ability to maintain their actions in accordance with considered judgement

  - D loses their normal powers of reasoning

  - D's behaviour is atypical (out of character)
• What is a qualifying trigger?

  - Fear of serious violence

  - Things done or said of an extremely grave character
• R v Dawes


  D cannot rely on fear of serious violence if they had induced the violence in the first place.
• R v Ibrams and Gregory


  If D has time to plan the crime the defence cannot be relied upon (desire for revenge)
• R v Clinton


  Sexual infidelity cannot be the main qualifying trigger
• R v Van Dongen


  A reasonable man may have lost control but would've reacted differently