Loss of Control

• s.54 Coroners and Justice Act 2009 - D's act resulted from a loss of control, from a qualifying trigger and a person of the same and age and with a normal degree of tolerance would have reacted the same way
• Stage 1: D must suffer a loss of control - s.54(1)(a)

  • s.54(2) - the loss of control does not have to be sudden, but the longer the "cooling off period", the harder it will be to get a defence
  • Jewell - losing your temper or acting out of character is not enough, must be a loss of control
• Stage 2: Loss of control must be due to a qualifying trigger - s.55

  • s.55(3) - fear trigger: fear of serious violence, must be based on D's honest belief at that time as seen in the case of Lodge
  • s.55(4) - anger trigger: things said or done, which is of an extremely grave character and causes D to have a justifiable sense of being wronged as seen in the case of Zebedee
  • Sexual infidelity cannot be used alone as a qualifying trigger, there must be other provoking factors - Clinton
• Stage 3: Would a person of the same age and gender, with a normal degree of tolerance have reacted in the same way? - s.54