loss of control

Which legislation governs loss of control?

Sections 54 and 55 Coroners and Justice Act 2009.

What is the effect of a successful loss of control defence?

Murder is reduced to voluntary manslaughter.

What are the three elements of loss of control?

Loss of self-control; a qualifying trigger; the normal person test.

Does loss of control have to be sudden?

No. Section 54(2) states that the loss of control does not need to be sudden.

What is the first qualifying trigger under S55?

Fear of serious violence from V against D or another identified person.

What is the second qualifying trigger under S55?

Things said or done which constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being seriously wronged.

Can both qualifying triggers be used together?

Yes. Fear of serious violence and extremely grave circumstances can be combined.

What are the exclusions under S55(6)?

Sexual infidelity alone is excluded, and D cannot rely on a considered desire for revenge.

Which case concerns sexual infidelity?

R v Clinton (2012) – sexual infidelity cannot be a qualifying trigger on its own, but may form part of the wider context.

Which case illustrates the exclusion of revenge?

R v Dawes (2013) – a considered desire for revenge prevents reliance on the defence.

What is the normal person test under S54(1)(c)?

Would a person of D's age and sex, with normal tolerance and self-restraint, in D's circumstances, have reacted in a similar way?

What characteristics are considered in the normal person test?

D's age and sex, alongside relevant circumstances. Normal tolerance and self-restraint are assumed.

Can intoxication be considered when applying the normal person test?

No. Voluntary intoxication is not taken into account when assessing normal tolerance and self-restraint.

Who decides whether the loss of control defence succeeds?

The jury decides whether the defence is made out.

Who has the burden of proving loss of control?

The prosecution must disprove the defence once sufficient evidence is raised.

Can loss of control be used for attempted murder?

No. It is a partial defence to murder, not attempted murder.