LOSS OF CONTROL

• Prosecution prove murder ‘Beyond all reasonable doubt’ - ask to change conviction to voluntary manslaughter
• Loss of control was under the Homicide Act 1957 but was later changed to what?

  S54 of the Coroner’s and Justice Act 2009
• What is the sentence after Loss of control?

  Max life
• What is the first point for loss of control?

  The defendant must kill as a result of loss of self-control - the D got really angry which caused him to snap
• What case do we use for the 1st point of Loss of control?

  Ahluwalia - timing ‘need not be sudden’
• What is the 2nd point for loss of control?

  this loss of self-control must have been caused by a recognised qualifying trigger:

  1. the D fears of serious violence from the V - Dawes - not if D started it

  2. things said or done - extremely grave character and justifiable sense of being wronged
• What matters are excluded?

  sexual infidelity- Clinton & Brehmer - can include if it’s with another trigger like teasing

  revenge - Ibrams & Gregory
• What is the 3rd point for loss of control?

  a person of the same sex/age and circumstance would have reacted in the same way - standard of self control.
• What tests did the case of R v Van Dongen give us?

  would a person of the same sex and age, with a normal degree of tolerance and self restraint, and in the same circumstance as the D have loss control?

  would they have reacted in the same way?