LOC (for idiots)

main act

s.54 + s.55 coroners and justice act 2009

type of defence

partial defence

3 main sections

s.54(1)(a)

s.54(1)(b)

s.54(1)(c)

what does s.54(1)(a) state

act/omission resulted from loss of control

is there a definition of loss of control

no

what does s.54(2) state (+case)

loss of control does not have to be sudden (dawes)

what does s.54(4) state

loss of control is not allowed if 'considered desire for revenge'

what did jewell say

'lost their ability to maintain his actions in accordance with considered judgement'

what did dawes say

normal anger is not enough

what does s.54(1)(b) state

loss of control had a qualifying trigger

qualifying triggers

fear trigger (s.55(3) + ward)

anger trigger (s.55(4))

what does s.55(3) state (+case)

a fear of serious violence against the defendant or another specific person (ward)

what does s.55(4) state

things done or said (or both) which:

a) constituted circumstances of an extremely grave character, and

b) caused the defendant to have a justifiable sense of being wronged

extra factors to be considered

- loss of control may follow from the cumulative impacts of earlier events (dawes)

- breakup is not a grave character (hatter)

- no defence if the defendant incited the violence

- sexual infidelity should be disregarded (s.55(6)(c))

what does s.54(1)(c) state (+case)

a person of the defendant's sex and age with a normal degree of tolerance and self-restraint and in the circumstances of the defendant might have reacted in the same or similar way (clinton)

are conditions that affect tolerance or self-restraint allowed

no

what did asmelash say

voluntary intoxication should be disregarded