loss of control

• the defence of loss of control can be raised to a charge of murder and if successful will reduce the charge to voluntary manslaughter
• LOC is found in s54 coroners and justice act 2009
• the def must kill as a result of loss of self control
• it doesnt need to be sudden - bailie. But the longer the time lapse the less likely to succeed - ibrams and gregory
• LOC must have been caused by a recognised qualifying trigger which includes

  • fear trigger - has to fear serious violence on themselves or on another (WARD).
  • anger trigger - things said or done that constitute a circumstance of an extremely grave character that caused def to have a justifiable sense of being wronged (HATTER BOWYER ZEBEDEE)
• the objective test must be applied by the jury - would a person the same age and sex as the def acted in a similar way - CAMPLIN.

  Must disregard bad temper - MOHAMMED
• qualifying triggers restrictions - sexual infidelity - DAWES - unless forms part of the context - CLINTON

  Not available if act of revenge - IBRAMS AND GREGORY

  Triggers disregarded if D incited something