Loss of Control

D may be able to rely on the special, partial defence of Loss of Control found under S54 Coroners and Justice Act 2009 whcih reduces the conviction of murder to voluntary manslaughter.

This is where the defendant will not be convicted of murder if their coduct resulted from a loss of self control,

caused by a qualifying trigger,

and a person of the defendant's sex and age,

with normal self control,

in the same circumstances,

would have acted in the same or similar way.

Firstly, there must be a loss of self control.

In this case, D has lost control by (doing whatever he did to cause the victim's death)

Secondly, this loss of control must have been caused by a qualifying trigger (Clinton)

This must be a dear of serious violence from the victim against the defendant or another identified person

or

Things said or done,or both, of an extremely grave character, which cause the defendant to have a justifiable sense of being seriously wronged,

OR BOTH

Finally, would a person of the defendant's sex and age, with normal self control, in these circumstances, have reacted in the same or similar way? (Camplin)

Apply as above and then say "However this may be for the jury to decide"

The defence is not allowed if the defendant acted in a 'considered desire for revenge' (Ibrams & Gregory)