Loss of Self - control

What is the loss of control defence?

Partial defence to murder that reduces it to voluntary manslaughter where D loses self control and kills

What are the 3 stages of loss of self control?

• Loss of control

• Qualifying trigger

• Reasonable person test

What is required for stage 1 of the defence?

• D must lose self control to the extent they are not the master if their own mind (Duffy)

• Evidence is needed (Jewell)

• It doesn’t need to be be sudden (Thornton) but revenge negates that defence (Ibrams & Gregory)

What are the qualifying triggers under s55 CJA 2009?

• Fear of serious violence

• Things said/done which are extremely grave and cause a justifiable sense of being wronged

• A combination of both

Give examples of qualifying triggers from cases…

• Serious violence: Lodge

• Grave things said or done: Hatter, Boyer, Zebedee

What is the reasonable person test for loss of control?

Would a person of D’s age and sex with normal tolerance and self-restraint have acted similarly (Camplin v DPP)

Are individual characteristics considered in the reasonable person test?

No, (Holley) except for history of abuse (Hill)