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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll