loss of control

• s54 coroners and justice act 2009
• loc = defendant must kill as a result of loss of control
• need not be sudden (Baillie)
• longer time lapse, less likely to succeed (Ibrams and Gregory)
• loc must be recognised by a qualifying trigger
• 1. can fear violence for another/D was in fear of serious violence (Ward)
• 2. 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)
• 3. a combination of both
• sexual infidelity to be disregarded (Dawes) unless essential part of context (Clinton)
• not available if act of revenge (Ibrams and Gregory)
• triggers are disregarded if D incited something
• objective test - would a person with normal self control have reacted in the same way (Camplin)
• short temper must be disregarded (Mohammed)