Defence of loss of control

• Loss of control was defined by the coroners and justice act 2009 as a loss of the powers of reasoning.
• Qualifying trigger of serious violence under S.55(3) 


  D must have a genuine fear that he will be subjected to violence or that violence will be inflicted on a child or someone close to D. The fear does NOT have to be reasonable.
• Qualifying trigger of things said or done under S.55(4)


  Things said or done must amount to something of 'extremely grave nature' that causes D to loose self control and respond to the things said or done.
• A-G Jersey and Holey - objective test


  Would a reasonable person of D's sex and age and the same amount of mental tolerance, loose control in similar circumstances?
• Ahlwalia - delayed response

  D can be 'building up' to the act instead of a sudden response to the qualifying trigger.
• Inabilities to claim the defence

  Sexual infidelity, Revenge and incitement (provoking D)
• Sentencing

  If successful, D will have the drop down offence of voluntary manslaughter. If not, D is convicted of murder.