AO1- Loss of control

what type of defence is it?

A special defence to murder

where is it outlined?

In section 54 of the coroners and justice act 2009

if the defence is successful it…

reduces the charge from murder to voluntary manslaughter

what’s the first key element

The defendant must kill as a result of loss of self-control, doesn’t have to be sudden and it can be a time-lapse however threat must still be hanging over you (R v Ibrams and Gregory) for jury to decide. The defendant must lose total control, partial control is not sufficient. Feeling unwell or unable to think straight is not sufficient (R v Jewell)

what’s the second key element

Loss of control must have been caused by a recognised “qualifying trigger”. Defendants fear of serious violence for victim against defendant is sufficient ( R v Ward), if defendant has incited violence then defence will fail ( R v Dawes), or things said or done which not only constituted circumstances of an extremely grave character but also caused defendant to feel a sense of being seriously wronged, circumstances must be justifiable ( R v Hatter) ( R v Zebede)

what doesn’t amount as a qualifying trigger on its own

sexual infidelity ( R v Clinton)

what’s the third key element?

The objective test - a person with normal control might have reacted in the same way, short tempers cannot be taken into account ( R v Mohammed).

what circumstances may be taken into account for the third element

Depression, Epilepsy, History of sexual abuse. NOT intoxication ( R v Asmelash)