Loss of control

Loss of Control

• Falls under S.54 of the Coroners and Justice Act 2009 (replacing provocation)
• The Act says you need 3 elements to successfully use the defence;

1) D must have lost self control 

2) The loss of control must have arised from a qualifying trigger

3) A person of D's sex and age with a normal degree of tolerance and self restraint would have acted the in a similar way under the same circumstances of D. 

Loss of self control 

• S.54 says Loss of control does not have to be sudden. So there maybe a time delay between the qualifying trigger and D's reaction.
• Ibrams and Gregory = If there are signs of planning the defence would fail 
• Baillie = There was a time delay but D did not regain control during that time 
• Ahluwalia = Unable to use defence as it was not sudden under Provocation 

Qualifying triggers

1) Fear of serious violence from Victim 

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