loss of control

• define loss of control

  a person who kills is not be convicted of murder if;

  1. Ds acts or omissions to killing resulted from Ds loss of self-control
  2. loss of control had a qualifying trigger and
  3. a person of Ds sex and age,with normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in similar way
• section of triggers 


  s55 (3) and s55 (4)
• qualifying triggers

  • fear of serious violence from V against D or another identified person s55(3) ( WARD - pleaded LOC after killing V as he physically attacked his brother )
  • things said or done which constituted circumstances of an extremely grave character, and caused D to have justifiable sense of being seriously wronged s55(4)
• what section LOC under

  section 54 coroners and justice act 2009
• whats substituted if successful

  • manslaughter will be substituted if LOC successful
  • its a partial defence
• does LOC need to be sudden

  • DAWES - no requirement for loss of control to be sudden
  • however the time delay between events can still have an impact on whether D can still prove they lost control
• cases for sexual infidelity to be disregarded or considered

  • DAWES, convicted of murder as sexual infidelity to be disregarded
  • CLINTON, sexual infidelity to be considered if essential to context, where there were other factors which could be qualifying trigger
• limitations of qualifying trigger

  • if D incited a thing to be done or said (bowyer)
  • or if D acted in revenge
  • cant rely on violence trigger if D incited violence
  • sexual infidelity to be disregarded (dawes)
• bowyer

  • D went to Vs house & burgled him
  • V said to D that his woman was a prostitute
  • D lost control and beat V to death
  • D had no justifiable sense of being wronged given he committed burgalry first
• r v zebedee

  • D lost control and killed father of 94 yrs old after soiling himself
  • convicted of murder as wasn't a 'justifiable sense of being seriously wronged'
• c) a person of Ds sex and age under same circumstances with mornal degree of tolerance may have reacted in same way to D

  • CAMPLIN
  • D expected to show normal standards of self-control meaning irrational prejudice are excluded ( homophobia )
  • jury has to be satisfied that reasonable man might have gon and killed in same way
  • all of Ds circumstances relevant : PTSD (rejmanski), Voluntary intoxication (amelash) & history of sexual abuse as a child (hill)