LOSS OF CONTROL

• The defence of loss of control is defined in the coroners and justice act 2009 as a total loss of the defendants powers of reasoning that was caused by a qualifying trigger.
• Loss of control must be TOTAL, not partial or a state of confusion.
• Qualifying trigger: Genuine fear of serious violence The fear must be that the defendant or someone close to D believes they will be inflicted with serious violence by the victim. Only the defendant has to believe in the fear unless proven ingenuine.
• Qualifying trigger: things said or done Things said or done must amount to 'extremely grave nature' and causes the defendant to lose complete control.
• A-G jersey and Holey state the reasonable person test for things said or done, as would a reasonable person of the defendants sex and age, with normal tolerance, have lost control in the same situation
• A delay used to not be allowed for loss of control, YET Ahlwalia states that now it can be the defendant 'building up' to comitting the offence.
• You cannot claim loss of control if it is used due to, revenge, sexual infidelity, D as the agressor.
• The sentence for a sucessful defence in Loss of control is voluntary manslaughter.