Loss of Control

S.54 coroners and justice Act 2009 

• D must have lost self control 
• the loss of control must have had a qualifying trigger
• a person of D's age, sex with a normal degree of tolerance may have acted similar in the same circumstances as D. 

Loss of self control:

• Self control does not have to be sudden 
• So there maybe a time delay 
• Ibrams and Gregory - There will be no defense if D is motivated by a desire for revenge. 
• Baillie- There was a time delay but D did not regain self control during this time. 
• Ahluwalia- D was unable to use loss of control at the time but would be able to use it now. This is because there was a delay between D's act and the qualifying trigger. 

Qualifying triggers: 

• D must prove the loss of self control derived from a trigger.
• S.55 sets out the qualifying triggers. 

Fear of serious violence from the Victim: 

• The fear must be genuine 
• Does…