Delve into the complexities of Loss of Control with our concise study summary. Perfect for A-level students, this summary provides a clear overview of key principles, case examples, and legal analysis essential for understanding this crucial aspect of criminal law. Ideal for exam preparation and re...
Fatal Offences – Voluntary Manslaughter
Loss of Control
Coroners and Justice Act 2009
When D is charged with murder it has to be proven that a special defence applies to lower a
conviction from murder to voluntary manslaughter. This can be Loss of Control, Diminished
Responsibility and Suicide Pacts.
Loss of Control
S54 (1) of the Coroners and Justice Act replaces/reformed the common law defence of
provocation.
Defined as:
Where a person kills or is a party to the killing of another, D is not to be charged of murder if:
(a) D’s acts and omissions in doing or being party to the killing resulted from the
defendant's loss of control.
(b) The loss of control arose from a qualifying trigger.
(c) A person of the defendant's sex and age, with a normal degree of tolerance and self-
restraint in the same circumstance, would have reacted the same or in a similar as a
defendant.
There are three main elements:
1. Subjective Test - Did the defendant lose his self-control?
2. Subjective Test – Was the loss of self-control caused by a qualifying trigger?
3. Objective Test – Would a person of the defendant's sex and age, with a normal degree
of tolerance and self-restraint in the same circumstance, would have reacted the same
or in a similar as a defendant?
1(a) Loss of control need not be sudden.
Aluhuwalia – (Setting fire to her husband's feet stemming from Battered woman
syndrome) provocation as a defence was not allowed.
1(b) A long delay and evidence of planning could invalidate the defence of loss of control
and could be evidence of revenge, therefore intent.
R v Ibrams + Gregory (a person was killed 5 days later after the police took no action and
whilst beating him up apparently lost control and killed him)
Baille – (Sons were threatened by a drug dealer so D took a shotgun and a razor and
drove to the dealer’s house; they argued, and D shot the dealer)
2(a) What is a qualifying trigger for loss of control?
S55(3) – D fears serious violence from the Victim against themselves or another
identified person. Martin (shot the intruders)
S55(4) Things said or done so grave in nature that cause the defendant to have a
justifiable sense of being wronged. Zebedee (94-year-old father with Alzheimer’s
kept soiling himself and was killed by his son)
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