Losing control essay

Loss of self- control The first element contains the subjective question whether Maria had lost self-control, it is clear from the facts that she was extremely angry and snapped after she had found out that her husband was leaving her for another man. This meant she launched the glass vase at John’s head which caused his fatal injuries.

Thus the defence of Loss of control would be unsuccessful. To Conclude Maria would be unsuccessful in her plea the partial defence for loss of control, however would potentially be able to plea for the partial defence of diminished responsibility under s.2 (1) The Homicide Act, 1957, as amended by s.52 of the CJA, 2009.

Thus if the defendant has a history of violence or prone to be short-tempered, the test will not permit the defendant to rely on the loss of control defence.

The Coroners and Justice Act (2009) (CJA) made fundamental changes to the partial defence of murder and created the new defence of loss of control s.54 (1). The old defence of Provocation was abolished by s.56 [3], therefore repeals s3 of the Homicide Act (1957).