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What are the elements of the loss of control defence?

Leia Doyle

What are the elements of the loss of control defence?

Under the Coroners Justice Act 2009, to be afforded the defence of loss of control, the defendant must show, under s54 of the Act, there is a ‘qualifying trigger. ‘ There are two qualifying triggers that are available to the defendant, found in s55(3) and (4), which are the’fear trigger’ and the ‘anger trigger.

Who has the burden of proof for loss of control?

the prosecution
The burden of proof in cases where Loss of Control is raised is placed on the prosecution, who must disprove the defence beyond reasonable doubt – but only once D has provided ‘sufficient evidence’ (s. 54(5) and (6) of the 2009 Act).

What are the qualifying triggers?

Under section 55 (4) (a) and (b) the qualifying trigger includes only circumstances of an extremely grave character that causing the defendant for having a justifiable sense to be seriously wronged. Here the law is not clear whether justifiable is in the eye of jury or of the defendant.

What is a qualifying trigger in law?

b) the loss of self-control had a qualifying trigger (which is defined in clause 45), and. c) a person of the defendant’s sex and age with an ordinary level of tolerance and self-restraint and in the circumstances of the defendant might have acted in the same or similar way to the defendant.

What is the effect of a successful defence of loss of control to a charge of murder?

The defence of loss of control is a partial defence that may reduce liability for murder to manslaughter. It does not operate to absolve the defendant of liability completely. It is not a general defence and exists only for the offence of murder.

What are the requirements for loss of control?

(1) The defendant lost self-control as a result of a ‘qualifying trigger’

  • The defendant must lose their self-control;
  • The defendant must lose their self-control as a result of a qualifying trigger;
  • The definition of a qualifying trigger.

    What is the law on loss of control?

    The defence of loss of control is a partial defence that may reduce liability for murder to manslaughter. It does not operate to absolve the defendant of liability completely. The loss of control defence was introduced in response to concerns in relation to the defence of provocation.

    What is the loss of control?

    Loss of control generally refers to lack of the ability to provide conscious limitation of impulses and behavior as a result of overwhelming emotion. States of agitation such as fighting, screaming, and uncontrollable weeping are most often thought of as behavior illustrative of loss of control.

    What is the difference between provocation and loss of self-control?

    For self-defence, loss of self-control is replaced with propor tionality of force in retaliating. In a case of provocation, the defendant is required to prove that he/she had lost his/her self-control because he/she was provoked, and acted out without intent.

    What does loss of control do?

    Does loss of control have to be sudden?

    There is no requirement that the loss of self-control be sudden (s. 54(2)). This represents a change from the law of provocation which required the loss of control to be sudden and temporary (R v Duffy [1949] 1 All ER 932 Case summary) which was a seen as a significant barrier to victims of domestic violence.

    How do you control provocation?

    Call upon your “best self.” Think about the person you are when you’re at your most compassionate and wise, and ask yourself what that “best self” would say about the situation at hand. This twist on the distancing approach allows you to tap into your own past experiences handling stressful situations. Advise a friend.