Homicide: Loss of Control

Vocabulary flashcards related to the legal concept of 'Loss of Control' as a partial defense to murder, based on lecture notes.

Loss of Control (Coroners and Justice Act 2009, s 54)

A partial defense to murder where the defendant's actions resulted from a loss of self-control, a qualifying trigger, and a reaction expected of someone of similar age and sex in the same circumstances.

Loss of Control (C&JA 2009 ss 54-55)

Replaced provocation as a partial defense to murder; involves a 3-part test: loss of self-control, a qualifying trigger, and a similar reaction from someone of the same age and sex.

Loss of Self-Control (R v Jewell)

Extreme emotion or loss of rationality, a loss of the ability to act in accordance with considered judgement or a loss of normal powers of reasoning.

Qualifying Trigger

Fear of serious violence from the victim against the defendant or another identified person; or things done/said that constitute extremely grave circumstances causing a justifiable sense of being seriously wronged.

Fear of Serious Violence (s 55(3))

Part of the 'qualifying trigger'; Must be of violence from V towards D, or towards another identified person. Assessed subjectively (D must actually hold the fear).

Things Done or Said

Part of the 'qualifying trigger'; Things done or said must constitute extremely grave circumstances and cause D to have a justifiable sense of being seriously wronged. Assessed partly subjectively, mostly objectively.