TERM 2 SEMINAR 8
Defences- Loss of Control, Intoxication and Self Defence
Seminar 8 Term 2 will revisit intoxication and will focus on the two defences of loss of
control and self defence.
Following the guidance on ‘Preparing Effective Notes for Seminars and Exams’ given in
Seminar 7, read the following materials and then make notes on loss of control and self
defence.
LOSS OF CONTROL
S54 AND S55 Coroners and Justice Act 2009
R v Rejmanski (Bartosz) [2017] EWCA Crim 2061
http://www.bailii.org/ew/cases/EWCA/Crim/2017/2061.htmlhttp://www.bailii.org/
ew/cases/EWCA/Crim/2017/2061.html
SELF DEFENCE
S76 Criminal Justice and Immigration Act 2008
CPS Guidelines on Self Defence and the Prevention of Crime
https://www.cps.gov.uk/legal-guidance/self-defence-and-prevention-crime
Loss of control -
S54 Coroners and Justice Act -
Partial defence to murder: loss of control
(1)Where a person (“D”) kills or is a party to the killing of another (“V”), D is not to be convicted of
murder if—
(a)D's acts and omissions in doing or being a party to the killing resulted from D's loss of self-control,
(b)the loss of self-control had a qualifying trigger, and
(c)a person of D's sex and age, with a normal degree of tolerance and self-restraint and in the
circumstances of D, might have reacted in the same or in a similar way to D.
(2)For the purposes of subsection (1)(a), it does not matter whether or not the loss of control was
sudden.
(3)In subsection (1)(c) the reference to “the circumstances of D” is a reference to all of D's
circumstances other than those whose only relevance to D's conduct is that they bear on D's general
capacity for tolerance or self-restraint.
, (4)Subsection (1) does not apply if, in doing or being a party to the killing, D acted in a considered
desire for revenge.
(5)On a charge of murder, if sufficient evidence is adduced to raise an issue with respect to the
defence under subsection (1), the jury must assume that the defence is satisfied unless the
prosecution proves beyond reasonable doubt that it is not.
(6)For the purposes of subsection (5), sufficient evidence is adduced to raise an issue with respect to
the defence if evidence is adduced on which, in the opinion of the trial judge, a jury, properly
directed, could reasonably conclude that the defence might apply.
(7)A person who, but for this section, would be liable to be convicted of murder is liable instead to
be convicted of manslaughter.
(8)The fact that one party to a killing is by virtue of this section not liable to be convicted of murder
does not affect the question whether the killing amounted to murder in the case of any other party
to it.
Section 55 Coroners and Justice Act -
Meaning of “qualifying trigger”
(1)This section applies for the purposes of section 54.
(2)A loss of self-control had a qualifying trigger if subsection (3), (4) or (5) applies.
(3)This subsection applies if D's loss of self-control was attributable to D's fear of serious violence
from V against D or another identified person.
(4)This subsection applies if D's loss of self-control was attributable to a thing or things done or said
(or both) which—
(a)constituted circumstances of an extremely grave character, and
(b)caused D to have a justifiable sense of being seriously wronged.
(5)This subsection applies if D's loss of self-control was attributable to a combination of the matters
mentioned in subsections (3) and (4).
(6)In determining whether a loss of self-control had a qualifying trigger—
(a)D's fear of serious violence is to be disregarded to the extent that it was caused by a thing which D
incited to be done or said for the purpose of providing an excuse to use violence;
(b)a sense of being seriously wronged by a thing done or said is not justifiable if D incited the thing
to be done or said for the purpose of providing an excuse to use violence;
(c)the fact that a thing done or said constituted sexual infidelity is to be disregarded.
(7)In this section references to “D” and “V” are to be construed in accordance with section 54.
Defences- Loss of Control, Intoxication and Self Defence
Seminar 8 Term 2 will revisit intoxication and will focus on the two defences of loss of
control and self defence.
Following the guidance on ‘Preparing Effective Notes for Seminars and Exams’ given in
Seminar 7, read the following materials and then make notes on loss of control and self
defence.
LOSS OF CONTROL
S54 AND S55 Coroners and Justice Act 2009
R v Rejmanski (Bartosz) [2017] EWCA Crim 2061
http://www.bailii.org/ew/cases/EWCA/Crim/2017/2061.htmlhttp://www.bailii.org/
ew/cases/EWCA/Crim/2017/2061.html
SELF DEFENCE
S76 Criminal Justice and Immigration Act 2008
CPS Guidelines on Self Defence and the Prevention of Crime
https://www.cps.gov.uk/legal-guidance/self-defence-and-prevention-crime
Loss of control -
S54 Coroners and Justice Act -
Partial defence to murder: loss of control
(1)Where a person (“D”) kills or is a party to the killing of another (“V”), D is not to be convicted of
murder if—
(a)D's acts and omissions in doing or being a party to the killing resulted from D's loss of self-control,
(b)the loss of self-control had a qualifying trigger, and
(c)a person of D's sex and age, with a normal degree of tolerance and self-restraint and in the
circumstances of D, might have reacted in the same or in a similar way to D.
(2)For the purposes of subsection (1)(a), it does not matter whether or not the loss of control was
sudden.
(3)In subsection (1)(c) the reference to “the circumstances of D” is a reference to all of D's
circumstances other than those whose only relevance to D's conduct is that they bear on D's general
capacity for tolerance or self-restraint.
, (4)Subsection (1) does not apply if, in doing or being a party to the killing, D acted in a considered
desire for revenge.
(5)On a charge of murder, if sufficient evidence is adduced to raise an issue with respect to the
defence under subsection (1), the jury must assume that the defence is satisfied unless the
prosecution proves beyond reasonable doubt that it is not.
(6)For the purposes of subsection (5), sufficient evidence is adduced to raise an issue with respect to
the defence if evidence is adduced on which, in the opinion of the trial judge, a jury, properly
directed, could reasonably conclude that the defence might apply.
(7)A person who, but for this section, would be liable to be convicted of murder is liable instead to
be convicted of manslaughter.
(8)The fact that one party to a killing is by virtue of this section not liable to be convicted of murder
does not affect the question whether the killing amounted to murder in the case of any other party
to it.
Section 55 Coroners and Justice Act -
Meaning of “qualifying trigger”
(1)This section applies for the purposes of section 54.
(2)A loss of self-control had a qualifying trigger if subsection (3), (4) or (5) applies.
(3)This subsection applies if D's loss of self-control was attributable to D's fear of serious violence
from V against D or another identified person.
(4)This subsection applies if D's loss of self-control was attributable to a thing or things done or said
(or both) which—
(a)constituted circumstances of an extremely grave character, and
(b)caused D to have a justifiable sense of being seriously wronged.
(5)This subsection applies if D's loss of self-control was attributable to a combination of the matters
mentioned in subsections (3) and (4).
(6)In determining whether a loss of self-control had a qualifying trigger—
(a)D's fear of serious violence is to be disregarded to the extent that it was caused by a thing which D
incited to be done or said for the purpose of providing an excuse to use violence;
(b)a sense of being seriously wronged by a thing done or said is not justifiable if D incited the thing
to be done or said for the purpose of providing an excuse to use violence;
(c)the fact that a thing done or said constituted sexual infidelity is to be disregarded.
(7)In this section references to “D” and “V” are to be construed in accordance with section 54.
