Loss of control
1) The MR for GBH s18 = The intention to cause grievous bodily harm
2) Partial defence is when someone’s charge is lowered because of
circumstances
3) In R v Constanza words can amount to assault. Silent phone calls is R v
Ireland
R v Clinton:
The wife was having affairs with other men and was taunting her husband. She
said “he didn’t have the balls to kill himself” and he killed his wife
Sexual infidelity might be taken into account in certain situations if there is
more to it. For example, provoking someone. Cheating itself cannot be
included, there has to be other reasons for it. The ‘Thing done or thing said” is
not satisfied if this is sexual infidelity.
A person of the D’s sex and age…e.g Camplin the D was 15-year-old and was
taunted by someone older, the D hit them with a pan which caused them to die
…With a normal degree of tolerance and self restraint. This is an objective test.
Having a short temper due to a mental illness is not acceptable to use here
…And in the circumstances of the D…
This cannot be voluntary intoxication e.g Asmelash. He was drunk and tried to
use this D but failed
May include repeated humiliation
…Might have reacted in the same or similar way…
D will fail if the jury considers that the ‘normal person’ might have lost control
but would not have reacted in the same way e.g R v Van Dongen. Kicked
someone repeatedly despite them being on the floor, excessive
Loss of control S54 Coroners and Justice Act 2009
1) The MR for GBH s18 = The intention to cause grievous bodily harm
2) Partial defence is when someone’s charge is lowered because of
circumstances
3) In R v Constanza words can amount to assault. Silent phone calls is R v
Ireland
R v Clinton:
The wife was having affairs with other men and was taunting her husband. She
said “he didn’t have the balls to kill himself” and he killed his wife
Sexual infidelity might be taken into account in certain situations if there is
more to it. For example, provoking someone. Cheating itself cannot be
included, there has to be other reasons for it. The ‘Thing done or thing said” is
not satisfied if this is sexual infidelity.
A person of the D’s sex and age…e.g Camplin the D was 15-year-old and was
taunted by someone older, the D hit them with a pan which caused them to die
…With a normal degree of tolerance and self restraint. This is an objective test.
Having a short temper due to a mental illness is not acceptable to use here
…And in the circumstances of the D…
This cannot be voluntary intoxication e.g Asmelash. He was drunk and tried to
use this D but failed
May include repeated humiliation
…Might have reacted in the same or similar way…
D will fail if the jury considers that the ‘normal person’ might have lost control
but would not have reacted in the same way e.g R v Van Dongen. Kicked
someone repeatedly despite them being on the floor, excessive
Loss of control S54 Coroners and Justice Act 2009
