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Fatal Offences Against the Person

Loss of Control

  • 3 things to know
  • Paper 1

Overview

Recall questions on the effect of the partial defence, the statute containing it, what must have caused the loss and the qualifying triggers.

What you need to know

Answer each one before you reveal it.

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Process

What objective test must be satisfied for the loss of control defence?

Key term

What is the legal effect of successfully pleading loss of control as a defence to murder?

Key term

What must the defendant show to rely on the 'anger trigger' for loss of control?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is the legal effect of successfully pleading loss of control as a defence to murder?

    Model answer

    Liability is reduced from murder to voluntary manslaughter.

  2. 2

    Under which statute is the partial defence of loss of control found?

    Model answer

    Section 54 of the Coroners and Justice Act 2009.

  3. 3

    What must have caused the defendant's loss of self-control for the defence to apply?

    Model answer

    A qualifying trigger.

  4. 4

    Name the two qualifying triggers for loss of control.

    Model answer

    (1) Fear of serious violence from the victim, and (2) circumstances of an extremely grave character causing the defendant to have a justifiable sense of being seriously wronged.

  5. 5

    Explain the 'fear trigger' for loss of control.

    Model answer

    The defendant lost self-control due to a fear of serious violence from the victim against the defendant or another identified person.

  6. 6

    What must the defendant show to rely on the 'anger trigger' for loss of control?

    Model answer

    That circumstances of an extremely grave character caused them to have a justifiable sense of being seriously wronged.

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