When someone loses control in a situation and lashes out
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What was in place before loss of control?
Provocation under the Homicide Act 1957
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What act is loss of control under?
Coroners and Justice Act 2009
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When can it be used?
1) A qualifying trigger. 2) A loss of self control. 3) If a person of D's age and sex would have reacted the same way
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What are the factors?
Loss of control does not need to be sudden, ad sexual infidelity will not be taken into account on its own
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What can class as a qualifying trigger?
1) Words or actions of extreme grave character. 2) Caused the D to have a justifiable sense of being seriously wronged.
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What were the reforms of the law on provocation which is now the current law?
1) Loss of control is wider; no requirement for it to be sudden. 2) It is also narrower; sexual infidelity will not be taken into account on its own and the circumstances must be of extremely grave character.
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What are the problems on this area of the law?
It is complex, uses emotive language, rules on sexual infidelity are confusing,
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What are the advantages?
Does not provide the necessity for an instantaneous response, silly defences can be excluded, incitement is not allowed as a defence
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What cases are there?
Sands, Johnson, Clinton.
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What happened in Bedder?
A prostitute taunted the D because of his impotence, punched him and slapped, D stabbed her and killed her.
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What happened in Clinton?
A married couple both suffered from depression, they agreed to separate. The wife admitted she had an affair in detail, the D killed her and sent photos of her naked body to her lovers
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What happened in Johnson?
A woman called the appellant a 'white ******', he threatened her. Her male friend got involved, a fight developed and the appellant killed the man.
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