Loss of Control Knowledge Summary

• Partial defence to murder contained in s.52 Coroners & Justice Act 2009
• Loss of control - under s.54(1)(a), the D must have lost all self control

  1. More than getting angry or losing their temper, d must lose all ability to control themselves, so angry/upset they go into a 'blind rage' unable to stop themselves (Jewell), if D has a reasonable amount of awareness then they will be unable to rely on LOC (Cocker).
• 2. Under s.54(2) it need not be sudden (R v Dawes) but the bigger the gap the less likely the d actually lost control and it is more likely to be premeditated.

  3. Acts of revenge will result in the d being unable to rely on LOC as per s.54(4).
• Qualifying trigger: s.55

  1. 'Fear trigger' s.55(3): D or another identifiable person was under a threat of serious violence (Ward), defence will not succeed where the d's fear of serious violence was self induced under s.55(5)
  2. 'Anger trigger' s.55(4): things said or done or both of an extremely grave character which caused the d to have a justifiable sense of being seriously wronged (Hatter), has to be something so serious that it would cause loss of self-control, sexual infidelity is not, on its own, enough for anger trigger (Clinton)
  3. A combination of both the fear and anger trigger s.55(5)
• A person of D's age and sex, with a normal degree of tolerance and self-restraint put in the same circumstances as D might have reacted in a similar way, s.54(3). This test does not take into account certain features which make D react in a particular way such as a short temper, drunkenness which makes them lose control more quickly or a medical problem causing an overreaction.
• Sentence

  If the defence is established, D is convicted of voluntary manslaughter not murder and so, there is a discretionary sentence.