Loss of Control

• The defence of Loss of Control can be raised to a charge of murder and if successful will reduce the charge to voluntary manslaughter.
• The defence is found in s54 Coroners and Justice Act 2009.
• The defendant must kill as a result of loss of self control. This need not be sudden (Bailie) but the longer the time lapse, the less likely to succeed (Ibrams and Gregory).
• The loss of control must have been caused by a recognised 'qualifying trigger'.
• These qualifying triggers include:

  1. D was in fear of serious violence. Can fear violence on another (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.
• Ward


  D in fear of serious violence. Can fear violence on another.
• Zebedee, Hatter, Bowyer


  Things said or done constituting circumstances of an extremely grave character but also caused D to have a justifiable sense of being seriously wronged.
• Relevant restrictions:

  s55- sexual infidelity is to be disregarded (Dawes) unless form essential part of context (Clinton).
• Relevant restrictions:

  Not available if act of revenge (Ibrams and Gregory).
• Relevant restrictions:

  Triggers disregarded if D incited something.
• The objective test must be applied by the jury - would a person the same age and sex, with normal self-control and in the circumstances of D have reacted in a similar way (Camplin).
• Short temper must be disregarded (Mohammed).