Loss of Control

SET OUT IN S54 CORONERS AND JSUTICE ACT 2009

1) KILLING RESULTED FROM A LOSS OF SELF CONTROL

ANGERED BUT NOT SO OVERWHELMING THAT HE DOES NOT KNOW WHAT HE IS DOING (DAWES) (JEWELL - JURY DECIDES IF THERE IS LOSS OF CONTROL) (IBRAMS & GREGORY - CANNOT BE A CONSIDERED DESIRE FOR REVENGE) (S54(2) DOES NOT NEED D=TO BE SUDDEN)

2) LOSS OF SELF CONTROL CAUSED BY A QUALIFYING TRIGGER (S55)

-S55(3) FEAR TRIGGER, FEAR OF SERIOUS VIOLENCE AGAINST D OR ANOTHER IDENTIFIABLE PERSON (WARD) 

-S55(4) ANGER TRIGGER, MUST BE OF AN EXTREMELY GRAVE CHARACTER AND GIVE D A JUSTIFIABLE (OBJECTIVE) SENSE OF BEING SERIOUSLY WRONGED (CLINTON)

-SEXUAL INFIDELITY CANNOT BE A TRIGGER (CLINTON), FEAR OF SERIOUS VIOLENCE DISCOUNTED IF D PROVOKED V

3) (S54(1) A PERSON OF D'S AGE AND SEX WITH A NORMAL DEGREE OF TOLLERANCE AND SELF RESTRAINT IN THE CIRCUMSTANCES WOULD HAVE REACTED IN THE SAME OR SIMILAR WAY (OBJECTIVE) 

-ALL CIRCUMSTANCES EXCEPT THOSE THAT AFFECT D'S CAPACITY FOR TOLERANCE AND SELF RESTRAINT (ASMELASH - INTOXICATION NOT TAKEN INTO ACCOUNT)

-IF IT RELATES TO THE GRAVITY OF THE PROVOCATION IT IS ALLOWED E.G. ALCOHOLIC TAUNTED ABOUT BEING ALCOHOLIC