Section 52 of the Coroners And Justice Act 2009 states the criteria as… a) The defendant must have lost control.
b) There must be a qualifying trigger
c) A person of the defendant’s age and sex with normal levels of tolerance must be likely to react in a similar way. 1. Loss Of Control
The defendant must have lost control but this loss of control need not be sudden. Ahluwalia (1992)
* The defendant have suffered physical abuse at the hand of her husband for years, one night he threatened to beat her if she did pay the bill, she later poured petrol over him and set him on fire causing his death. * The defendant did not receive a defence of provocation because there was a time gap between the two incidents which the old law didn’t allow. However it is likely the defendant would get defence of loss of control. She was however able to claim diminished responsibility. 2. Qualifying Trigger
There must be a qualifying trigger, which comes from..
I. The defendant fearing serious violence from v against d or another identifiable person rejected, but under the new law it is possible he could succeed. He was given the defence of diminished responsibility because he was suffering from a medical condition. II. Thing said or done which….
III. Doughty (1986)
* The defendant killed his baby because it would not stop crying, one appeal his conviction was quashed because it was up to the jury to decide if the baby crying was provocation. IV. Constituted circumstances of a grave character or…
V. Caused D to have a justifiable sense of being wronged
* D shot burglars who broke into his house, one was killed. Although his appeal on the basis of provocation was refused he was given diminished responsibility
i. Sexual Infidelity
ii. Revenge Killing
Ibrams and Gregory (1981) –
* Dwho were a couple planned and killed the victim days after he had consistently terrorised their home. *...
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