Homicide offences - Partial defences: loss of control

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Overview

Loss of control, introduced by the Coroners and Justice Act 2009, serves as a partial defence to murder in England and Wales. It can reduce a murder charge to voluntary manslaughter, recognizing human vulnerability in extreme situations. For SQE1 FLK2 candidates, understanding this defence is essential due to its connection with criminal liability, intent, and legal justifications. This article offers a thorough examination of the defence, its elements, related case law, and practical uses for exam success.

Historical Context and Legal Framework

This defence replaced the old provocation defence, addressing its flaws. The Homicide Act 1957's Section 3 was criticized for gender biases and inadequately dealing with cumulative provocation. The Coroners and Justice Act 2009, particularly Sections 54-56, provides a structured legal framework, marking a shift from common law.

Key Elements of Loss of Control

The defence consists of three main elements:

1. Loss of Self-Control

Per Section 54(1)(a), the defendant must have lost self-control. This loss doesn't need to be sudden, recognizing varied human responses, especially in cases of cumulative provocation or domestic abuse.

Considerations include:

  • Judicial interpretation affects its meaning.
  • Planning may counter this element, as seen in R v Jewell [2014] EWCA Crim 414.

2. Qualifying Trigger

Section 55 outlines two types of triggers:

a) Fear of Serious Violence: The defendant feared serious violence from the victim.

b) Circumstances of an Extremely Grave Character: Acts or words must convey such circumstances, prompting a justified sense of being wronged.

Analysis includes:

  • Key cases like R v Clinton [2012] EWCA Crim 2 have shaped interpretation.
  • Sexual infidelity isn't a trigger but may be contextual.

3. Objective Test

Section 54(1)(c) adds an objective viewpoint: a person of the defendant's sex and age, with ordinary restraint, might have reacted in a similar way.

Considerations include:

  • Balancing personal circumstances with standard restraint.
  • R v Asmelash [2013] EWCA Crim 157 examined these elements.

Case Law and Legal Precedents

Understanding case law is vital for applying this defence:

R v Dawes [2013] EWCA Crim 322

This case clarified that self-induced provocation typically doesn't meet loss of control requirements.

R v Clinton [2012] EWCA Crim 2

Sexual infidelity alone isn't a trigger but matters contextually when paired with other triggers.

R v Gurpinar [2015] EWCA Crim 178

This case focused on the objective test, emphasizing age and sex consideration without accounting for other personal traits.

Examples and Applications

To demonstrate the application of the loss of control defence, consider these scenarios:

Example 1: Domestic Abuse

Sarah has suffered long-term abuse from her partner, Mark. After a severe argument, Mark attacks her, prompting a lethal response.

Analysis:

  • Self-Control Loss: Prolonged abuse led to a violent response.
  • Trigger: Fear from Mark's attack is a valid trigger, considering abuse history.
  • Objective Test: Would a reasonable person subjected to similar abuse react similarly?

Example 2: Betrayal Context

James finds his wife with his best friend and, in a fit of anger, kills his friend.

Analysis:

  • Self-Control Loss: Discovery could be enough.
  • Trigger: Infidelity isn't a trigger, but betrayal context might qualify as grave.
  • Objective Test: Would someone with James's traits respond similarly to betrayal?

Challenges and Considerations

Key challenges include:

  1. Evidential Burden: Effectively presenting evidence is vital.
  2. Extremely Grave Character: Interpretation can differ, leading to different case outcomes.
  3. Balancing Subjective and Objective: Examining personal and standard behaviours is vital.
  4. Interaction with Other Defences: Coordinating with other defences like diminished responsibility requires skill.

Conclusion

The loss of control defence marks a significant shift in handling partial defences in homicide cases. Its complex nature makes it a critical study area for SQE1 FLK2 candidates. Understanding its components, case law, and practical applications is essential for exam readiness and future legal practice.

Key takeaways:

  • Focus on the three core elements: self-control loss, qualifying trigger, and objective test.
  • Recognize the influence of case law on defence interpretation.
  • Understand the exclusion of sexual infidelity as a solitary trigger.
  • Apply the defence carefully to complex, real-world situations.

Staying informed about developments in this area is vital for aspiring legal professionals preparing for the SQE1 FLK2 exam.