Loss of Control Defence

Loss of Control Elements

• s54 CJA 2009

• Partial defence

• Elements

  • Loss of self-control

  • Qualifying trigger

  • Same characteristics acting similarly 

Loss of Control

• Not required to be sudden s54.2

• Must be total not partial

• Mere anger or acting out of character is insufficient - D must have snapped

Jewell (2014)

D shot victim but showed planning - no loss of control

Qualifying Triggers s55 - Fear of Violence s55.3

• Fear of serious violence to D or another identified person

• Ward (2012) fear for brother so defence allowed

• Dawes (2013) D provoked violence so cannot rely on it s55.6.a

Qualifying Triggers s55 - Things Said or Done s55.4

• Must be extremely grave - give sense of being seriously wronged

• Objective test

• Zebedee (2012) killing ill father is not grave enough

• Bowyer (2013) D burgled V but no justification for being wronged

• Can combine both triggers s55.5

Excluded Triggers

• Sexual infidelity never a trigger alone s55.6.c

• Clinton (2012) can count if part of wider context (like suicide and taunts etc)

• No revenge motive allowed

Normal Self-Control

• Objective test - normal tolerance & restraint expected

• Age/sex only relevant s54.3

• Temper traits ignored

Defendant’s Circumstances

• Can include mental illness or abuse history but not for reducing self-control level.

• Rejmanski (2017)  PTSD relevant to context but not tolerance level

Intoxication

• Asmelash (2013) voluntary intoxication ignored

• UNLESS a sober person might react the same then defence may still apply