Loss of Control
, Loss of Control AO1
• Loss of Control is defined under Section 54 and s55 the Coroners and Justice Act 2009
• There must be a loss of control
• Section 54 (1) (a) requires a loss of self-control
• Section 54 (1) (b) requires a qualifying trigger
• Section 54 (2) says loss no need to be sudden and is a jury question – Dawes
• Qualifying Triggers –
• Section 55 (3) - fear of serious violence and need not be from victim –Ward
• Section 55 (4) - a thing or things done or said circumstances of an extremely grave character and a justifiable sense of being seriously wronged –
• Excluded Matters
• Section 55 (6) – sexual infidelity or incitement – Clinton
• Section 54 (4) Revenge – Ibrahams and Gregory
• Section 55 (1) (c) – person of D’s age and sex with a normal degree of tolerance and self-restraint and in circumstances of D
have reacted in the same or similar way –Van Dongen
, Loss of Control AO1
• Loss of Control is defined under Section 54 and s55 the Coroners and Justice Act 2009
• There must be a loss of control
• Section 54 (1) (a) requires a loss of self-control
• Section 54 (1) (b) requires a qualifying trigger
• Section 54 (2) says loss no need to be sudden and is a jury question – Dawes
• Qualifying Triggers –
• Section 55 (3) - fear of serious violence and need not be from victim –Ward
• Section 55 (4) - a thing or things done or said circumstances of an extremely grave character and a justifiable sense of being seriously wronged –
• Excluded Matters
• Section 55 (6) – sexual infidelity or incitement – Clinton
• Section 54 (4) Revenge – Ibrahams and Gregory
• Section 55 (1) (c) – person of D’s age and sex with a normal degree of tolerance and self-restraint and in circumstances of D
have reacted in the same or similar way –Van Dongen
