Loss of Control
- Created by: alliehxtch18
- Created on: 23-05-18 15:17
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- Loss of Control
- D may try to use loss of control as a partial defence to murder.
- loss of control is found under s54(1) Coroners and Justice Act 2009 and if successful will reduce D's liability to voluntary manslaughter
- at the time of killing, s54(1)(a) says D's conduct must result from a loss of self control
- Jewell defines this as D 'losing the ability to act in accordance with considered judgement or a loss of normal powers of reasoning
- s52(2) clarifies that a loss of control does not need to be sudden
- s54(4) makes it clear however, that a defendant cannot use the defence if he is acting out a considered desire for revenge
- secondly, s54(1)(b) says the loss of self control must come from a qualifying trigger
- the anger trigger in s55(4) says things must be said or done of an extremely grave character and give him a justifiable sense of being seriously wronged
- s55(6)(c) states that anything which 'constitutes sexual infidelity' must be disregarded
- but, Clinton shows it can be considered as context for other things said or done
- D may also be able to use the fear trigger under s55(3)
- Ellis - where D feared serious violence to his older brother
- thirdly, s54(1)(c) asks whether a person of D's age and sex in D's circumstances with a normal level of tolerance might have acted in the same way
- s54(3) says all D's circumstances other than those which only reduce D's level of tolerance can be considered
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