Loss of Control

• S54 of the Coroners and Justice Act 2009
• need not to be sudden (Bailie)
• the longer the time lapse, the less likely to succeed (Ibrams and Gregory)
• The loss of control must be caused by a “qualifying trigger”
• Def was in fear of violence, this includes fearing violence  on another (Ward) 
• 1. Things said or done constituting circumstances of an extremely grave character but also caused D to have a justifiable sense of being seriously wronged (Zebedee, Hatter, Bowyer)
• A combination of both. 
• Restriction on QT

  1. Sexual infidelity (Dawes) UNLESS it forms essential part of context (Clinton) 
  2. Revenge (Ibrams and Gregory) 
  3. Triggers disregarded if D incited something 
• objective test- person of same age and sex react in the same way (Clinton)
• Short temper must be disregarded (Mohammed)