Loss of Control

What is Loss of Control?

When D killed as a result of a loss of self-control which was caused by a qualifying trigger and a person of D’s age and sex with a normal degree of tolerance and self-restraint might have acted in the same or similar way to D in these circumstances

R v Baillie

Some time lapses between loss of control and provoking act allowed

R v Ibrams & Gregory

Acting with a “considered desire for revenge” is not a loss of control

What is a “Qualifying Trigger”

(S55)

• A fear of serious violence, or

• Acts/words that constituted circumstances of an extremely grave character that caused D to have a justifiable sense of being wronged

What are the Restrictions to Qualifying Triggers

• D cannot incite triggers to make an excuse to kill

• Sexual infidelity on its own isn’t a trigger (Clinton)

R v Mohammed

The test allows all of D’s circumstances to be taken into account except those that affect their capacity for tolerance and self-restraint