Loss Of Control Essay

Loss of control is a partial defence to murder and is governed by the Coroners and Justice Act 2009 and in section 54. This is the latest defences that has been substitute with the old common law defence of provocation. The Coroners and Justice Act 2009 has made some momentous amendments to the law on voluntary manslaughter. The bill of Coroners and Justice was brought into the House of Commons on 14th of January 2009.The act of sections 54 to 56 was brought in force on the 4th of October 2010. Section 56 has abolished the common law and repealed Homicide Act 1957 of section 3.
Loss of control is a specific defence which might only contribute a defence to murder. Loss of control cannot be classified under general defence and will not absolve a defendant of liability for any crimes other than murder. Somehow, it is pleaded under mitigation after conviction in order to acquire a reduced sentence. A defendant who appeals loss of control …show more content…
Though it should be evaluated constantly and personally if one is not present the defence will fail. The leading case is R vs Clinton 2012, the facts of this case is that the appellant and his wife both suffered from depression and they were on prescribed medication. He was going through financial difficulties and stress at work. They both decided and agreed to a trial separation for four weeks as she needed time out. She left him and the children with him and moved into her parent’s house. The appellant did not do well and became obsessional and had been looking at suicide websites. Two weeks later his wife told him that she was having an affair. He told her to come over to the matrimonial home to tell the children that their marriage was over. She agreed but the time she came he was heavily intoxicated. At the meeting he killed her repeatedly beating her on the head with a wooden baton and strangled her with belt. Then he took photos of her naked body and texted them to her