3. Qualifying Trigger

Qualifying Trigger Requirement

Secondly, the loss of control must have had a qualifying trigger – under s.55(5) CJA 2009 the qualifying trigger can be fear or anger.

Fear Trigger

The fear trigger is where the defendant lost self-control due to fear of serious violence from the victim against either themselves or another identified person (Lodge/Ward).

Anger Trigger

The anger trigger is "attributable to a thing or things done or said (or both) which both constituted circumstances of an extremely grave character, and caused the defendant to have a justifiable sense of being seriously wronged" (s.55(4)).

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