When D killed as a result of a loss of self-control which was caused by a qualifying trigger and a person of D’s age and sex with a normal degree of tolerance and self-restraint might have acted in the same or similar way to D in these circumstances
2
New cards
R v Baillie
Some time lapses between loss of control and provoking act allowed
3
New cards
R v Ibrams & Gregory
Acting with a “considered desire for revenge” is not a loss of control
4
New cards
What is a “Qualifying Trigger”
(S55)
* A fear of serious violence, or * Acts/words that constituted circumstances of an extremely grave character that caused D to have a justifiable sense of being wronged
5
New cards
What are the Restrictions to Qualifying Triggers
* D cannot incite triggers to make an excuse to kill * Sexual infidelity on its own isn’t a trigger (Clinton)
6
New cards
R v Mohammed
The test allows all of D’s circumstances to be taken into account except those that affect their capacity for tolerance and self-restraint