2.4 Loss of Self-Control

Elements

The defendant must show:

·      They lost self-control

·      The loss of self-control was caused by a qualifying trigger

·      A person of the defendant’s age and sex with a normal degree of tolerance and self-restraint would have reacted in the same way.

Loss of control test

The jury looks into the mind of the defendant to see if they lost control, this is a subjective test.

Jewell [2014] on the definition of loss of control

loss of control involves the loss of the ability to act in accordance with considered judgment or a loss of normal powers of reasoning

Jewell [2014] on pre-meditation

pre-meditation disqualifies loss of self-control.

Dawes [2013] on S54(2)

The loss of control need not be sudden because people react differently in grave circumstances

Qualifying Triggers

·      A fear of serious violence to the defendant from the victim

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

·      A combination of the two

What disqualifies a qualifying trigger?

• The defendant causes the victim’s behaviour

• Sexual infidelity

Rejmanski [2017]

the defendant’s mental condition can be taken into account when deciding whether an act or insult was a serious wrong.

However it cannot be used in relation to the objective test

Clinton [2012]

sexual infidelity alone is not a qualifying trigger, but if it is relevant to the context in which self-control is lost, the defence may still be available.

Criticisms of the Sexual Infidelity Clause in Clinton [2012]

• Sexual infidelity is known to cause losses of self-control

• It allows people to rely on a lesser qualifying trigger when the true cause is sexual infidelity

• It is difficult to separate sexual infidelity from the other circumstances

• Sexual infidelity can be used in diminished responsibility

Dawes [2013] and Cumulative Impact

the defendant’s circumstances are taken into account. After a long series of incidents, the qualifying trigger may be the final straw.