Loss of Control

?

First Point to Prove for LOC

s54 and s55 of the Coroners and Justice Act 2009

D lost self-control and not just self-restraint and caused the death as in Cocker. Jury decides this.

Does not have to be immediate/sudden and can occur through a slow burn Ahluwalia or final straw as in Thornton 

Cannot be considered a desire for revenge Ibrams and Gregory

1 of 3

Qualifying Triggers

  • Said and/or done are of an extremely grave nature which gives D a justifiable sense of being seriously wronged Camplin and Baille in contrast to Doughty and Zebedee.

Does not include sexual infidelity Clinton 

  • D fears serious violence from V, against themselves or another as in Pearson 
2 of 3

LOC 3

Another person of the same sex and age with a normal degree of tolerance and self-restraint might have acted in the same way

History of abuse- Ahluwalia 

Unemployment and depression- Gregson in contrast to Holley

3 of 3

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Murder resources »