Loss of control

What act does the defence of loss of control come under?

Coroners + Justice Act (2009)

s.54(1)(a)

• At the time of killing the D must be in a state of loss of control

s.54(1)(a)

• R v Ballie

• gap in time does not exclude the defence probing that the defendant is still in a state of loss of control when he kills

s.54(1)(a)

• R v Ibrahms

• D angry, planned murder, killed him next day

• loss of control defence not accepted

s.54(1)(b)

• must be a qualifying trigger

s.55(3)

• D has a fear of serious violence from V to D or another

• subjective test, what the D believes rather than objective assessment of the situation (R v Martin)

s.55(3)

• R v Ward

• Brother facing serious violence

s.55(4)

• something said/done that was of an extremely grave character

• gave a sense of being seriously wrong

• obj test, judge has to decide if bad

• R v Mohammed: If a reasonable person would not consider the things said or done to be extremely brave the court will deny it

s.55(4)

• Doughty (‘86)

• loss self control over crying baby

  • avg person wouldn’t react that way = failed

s.55(4)

• Zebedee (2012)

• loss self control as father couldn't look after himself due to dementia

  • avg person wouldn’t react that way = failed

Excluded if:

• s.55(6)(a)

• not if D incited fear of serious violence

  • R v Dawes: D started fight

Excluded if:

• s.55(6)(b)

• not if D incited thing said/done

Excluded if:

• s.55(6)

• not if trigger for loss of self control is sexual infidelity

  • R v Clinton (2012): won appeal as she insulted him multiple times so defence can be considered

s.54(1)(c)

• jury asked if person of their sex and age with normal degree of tolerance and self restraint may have acted the same way

  • obj test on the basis of an avg person

R v Thornton

• Slowburn/cumulative reaction to provocative acts may be taken into account