header-logo header-logo

29 November 2018 / Alec Samuels
Issue: 7819 / Categories: Features , Criminal
printer mail-detail

Homicide: loss of control

Alec Samuels explores a defence that can reduce murder to manslaughter

  • Covers a range of approaches to the partial defence of loss of control.

Charged with murder, the defendant D pleads loss of control, manslaughter: a partial defence introduced in 2010 by the Coroners and Justice Act 2009, ss 54-55. The basic criterion is normality, a person of D’s sex and age with a normal degree of tolerance and self-restraint might have reacted in the same or in a similar way to D. How would the juror have expected the average man in the street to have reacted? That is the objective approach. The ordinary average phlegmatic Englishman might get upset and angry but he does not normally ‘lose his cool’ and resort to killing. Therefore, the defendant raising loss of control is often something of an ‘odd ball’, a bit eccentric. However, the law does recognise the relevance of the circumstances of D. D may meet the requirements of the qualifying trigger. He might have feared extreme violence from the victim V or a third party, and he ‘snapped’. Something might have

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll