Loss of Self Control

What type of defence is loss of self-control?

Special defence, partial defence- will reduce conviction of manslaughter

Where is loss of self-control contained within?

S54 Coroners and Justice Act 2009

What is Loss of Control defined as in R v Jewell

‘a loss of the ability to act with considered judgement or normal powers of reasoning’

What must D lose under S54(1)(a)?

Self-Control

What must there be sufficient?

Evidence

What is the case for sufficient evidence?

R V Jewell

What is the case that states if TJ holds there is insufficient evidence, the defence fails?

R V Martin

Where does it show that The Trial Judge must believe that the defence can be raised on balance of probabilities?

R V Christian

What does it state under 54(4) Subsection (1)?

Does not apply if, in doing or being at a party to the killing, D acted in a considered desire for revenge

What does it state can happen under S54 (2)?

D can now claim loss of control even after a delay

What are the loss of self control requirements under S54(1)(b)?

D loss of self control must be caused by a qualifying trigger (Contained in S55)

Where are the qualifying triggers contained in?

S55 (3)

What is the first part of a qualifying trigger?

Ds loss of self control was attributable to Ds fear of serious violence against D or another identified person

What is the fear?

subjective and based on what D genuinely and honestly believes

Who must it be against?

Against D or another: It must be a specific person not a group

Where was it shown under S55 that it must be against D or another: It must be a specific person not a group?

R V Ward

What is the second part of a qualifying trigger under S55(4)?

AND OR

Things said or done (or both) which constituted circumstances of an extremely grave character

What do things said or done exclude?

mere circumstances

What must extremely grave character mean?

Be extremely bad cannot be just annoyance

Where was it seen that extremely grave character must be extremely bad and cannot be just annoyance?

R V Zebedee

What is the case of break ups not being enough?

R V Hatter

What is the third part of a qualifying trigger under S55(4)?

Which caused D to feel a justifiable sense of being seriously wronged

How is justifiable sense of being seriously wronged applied?

Objectively

What is the objective test for a justifiable sense of being seriously wronged?

What would the reasonable person think was enough to make D justified in feeling seriously wronged

Are those engaged in a criminal act likely to feel a sense of being seriously wronged?

• Those engaged in a criminal act are unlikely to have a justifiable sense of being seriously wronged

Where does it say that those engaged in a criminal act are unlikely to have a sense of being seriously wronged?

R V Bowyer

What does it state under S55 (6) (a)?

Ds fear of serious violence is to be disregarded to the extent that it was caused by a thing which D inclined to be done or said for the purpose of providing an excuse to use violence

What does it state under S55(b)?

A sense of being seriously wronged by a thing done or said is not justifiable if D inclined the thing to be done or said for an excuse

What does it state under S55( c )?

The fact that a thing done or said constituted sexual infidelity is to be disregarded

Although sexual infidelity alone cannot be the basis of a claim of loss of control where was it seen that it can be taken into account?

A-G for Jersey V Holley

What are the loss of self control requirements under S54(1)( c )?

A person of Ds sex and age, with a normal degree of tolerance and self-restrain and in the circumstances of D might have reacted in the same or in a similar way to D

What test is it under S54(1)(c )?

Objective test

How do the circumstances relate?

Circumstances relate to what is going on at the time but not how D perceives the situation.

Where does it show that Circumstances relate to what is going on at the time but not how D perceives the situation?

R V Rejainski

What are examples of relevant circumstances?

Epilepsy, unemployment and depression (Gregson)

Sexual abuse suffered as a child (Hill)

What has the old law on provocation been reformed to provide for victims?

More protection to victims for example where sexual infedelity is concerned

Why do some argue that sexual infidelity should be included for the anger trigger?

Reality is that this makes Defendants lose control

How does lose of self-control afford more protection to battered women?

As they may not have been able to satisfy the requirement under the old law for the loss of control to be sudden

Why can it be argued that the objective test for loss of control is illogical?

As a person with a normal degree of tolerance and self-restraint would not kill in the first place

What can it be argued that juries may be tempted to do if the partial defences did not exist?

Acquit out of sympathy

What did Parsons in his 2015 article “The Loss of Control Defence- Fit for Purpose?” mean when he said the act had been badly drafted?

• Loss of control itself is not defined and is left to the jury to decide in each case

• Sexual infidelity is not defined by the Act and the jury are supposed to disregard when considering the anger trigger but can take account as part of the objective test making it confusing for the jury

What can a requirement to demonstrate be more preferable as the case law on what is meant by loss of control is vague and inconsistent?

A requirement to demonstrate “provoked extreme emotional disturbance”

What did Withey argue that there should be for domestic abuse?

Separate defence where there would be no loss of control requirement