It is a defence to murder only and is a partial defence, which, if successful, reduces liability to manslaughter
1 of 17
s 54(6) of CJA 2009
The evidential burden to adduce evidence to prove loss of control rests with def
2 of 17
s 54(5) of CJA 2009
The legal burden of disproving loss of control remains with prosecution
3 of 17
s 54(2) of CJA 2009
it does not matter whether the loss of control was sudden
4 of 17
s 54(4) of CJA 2009
there is no defence of loss of control available where the def acted in considered desire for revenge
5 of 17
s 54(1)(b) CJA 2009
the loss of control must have a qualifying trigger
6 of 17
s 54(1)(a) CJA 2009
the def must lose control
7 of 17
s 55(4) of CJA 2009
the ‘anger trigger’ is attributable to a thing or things done or said (or both) which (a) constituted circumstances of an extremely grave character, and (b) caused the def to have a justifiable sense of being seriously wronged
8 of 17
s 55(3) of CJA 2009
the ‘fear trigger’ applies where the def’s ‘loss of control was attributable to his fear of serious violence’ from the victim
9 of 17
s 55(6)(a) and (b) of CJA 2009
where the def himself has incited the thing said or done which caused the fear of serious violence or sense of being seriously wronged, there will be no qualifying trigger
10 of 17
s 55(6)(c) of CJA 2009
in determining whether a loss of control had a qualifying trigger, the fact that a thing done or said constituted sexual infidelity is to be disregarded
11 of 17
s 54(1)(c) CJA 2009
a person of the def’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of the def might have reacted in the same, or in a similar way, as the def did
12 of 17
s 2(1) of Homicide Act 1957
Was the def suffering from an abnormality of mental functioning?
13 of 17
s 2(1)(a) of HA 1957
Did the abnormality of mental functioning arise from a recognised medical condition
14 of 17
s 2(1A) of HA 1957
Did the abnormality substantially impairs def’s ability to: (a) understand the nature of his conduct, (b) form rational judgment, or (c) exercise self-control
15 of 17
s 4(1) of HA 1957
It shall be manslaughter and not murder for a person acting in pursuance of a suicide pact between him and another to kill the other or be a party to the other being killed by a 3rd party
16 of 17
s 4(2) of HA 1957
The legal burden of proof rests on def to establish defence on balance of probabilities
17 of 17
Other cards in this set
Card 2
Front
The evidential burden to adduce evidence to prove loss of control rests with def
Back
s 54(6) of CJA 2009
Card 3
Front
The legal burden of disproving loss of control remains with prosecution
Back
Card 4
Front
it does not matter whether the loss of control was sudden
Back
Card 5
Front
there is no defence of loss of control available where the def acted in considered desire for revenge
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