Loss of control
S54 Coroners & Justice Act 2009
Definition: Where D has a loss of control, caused by qualifying triggers and someone of D's age & gender, with a normal degree of tolerance, would have reacted the same way. (Objective test)
1. Loss of control
Ahluwahlia - loss of control does not have to be sudden.
2. Qualifying triggers NB: NO defence if prov. used as excuse for violence
a) fear of serious violence (Ahluwahlia, Hobson)
b) things said/done which amounted to grave provocation (Dougherty)
c) combination of both
3. Relevant characteristics
Camplin - age & gender are relevant (confirmed by Holley)
S2(1) Coroners & Justice Act 2009
Definition: Where D suffers from an abnormality of mental functioning, which arises from a recognised medical condition and substantially impairs their ability to: make a rational judgement, exercise self control or understand the nature/quality of their actions. The abnormaility must explain D's conduct.
1. Abnormaility of mental functioning
Byrne: This is a state of mind so different from an ordinary person's that they would find it abnormal (objective test).
2. Recognised medical condition NB: ADS is recognised (Tandy, Stewart)
E.g. depression, schizophrenia, stress etc.
3. Substantially impairs D's ability to:
make a rational judgement/exercise self control/understand N/Q of actions
4. S1(b) Homicide Act 1957 says killing must provide an exp. for conduct.