lc2: qualifying trigger

• the qualifying triggers are contained in s55 coroners and justice act 2009
• the two accepted triggers are the fear trigger and the anger trigger
• fear trigger: s55(3) the defendant feared serious violence from the victim against himself or another identified person

  • the threat of violence on another is a sufficient qualifying trigger
  • subjective - from defendants point of view
• anger trigger: there were things said or done (or both) which either constituted circumstances of an extremely grave character, or caused defendant to have a justifiable sense of being seriously wrong

  • both elements must be proved
  • objective test - from pov of reasonable man
  • r v hatter: the break-up of a relationship will not constitute circumstances
• s55(6) loss of control is not available if defendant incited the victim to do the act that qualified as a trigger

  • dawes: unless defendant is seeking an opportunity to use violence, loss of control is still applicable
• s55(6)(c) states ‘the fact that a thing done or said constituted sexual infidelity is to be disregarded’

  • r v clinton: where there is no other qualifying trigger, sexual infidelity is excluded. along with other triggers, it could be considered