CASES

• Coroners and Justice Act 2009

  The special and partial defence is contained in sections 54 and 55 .
• Clinton

  The killing must result from a loss of control but the loss does not have to be sudden.
• Dawes

  D cannot incite violence from the victim in order to provide themselves with an excuse to kill the victim.
• Ahluwalia

  The cumulative impact of earlier events can be considered.
• Jewell

  If the defendant plans the killing this is a ‘considered desire for revenge’ and the defence will most likely fail.
• Zebedee

  The victim cannot be an innocent victim.
• Ward

  It does not have to be violence from the victim to the defendant, it can be towards another identifiable person.
• Dawes

  If the defendant has incited the violence then he cannot rely on fear of violence as a qualifying trigger.
• Camplin

  This is an objective test - (comparing the defendant to the ordinary person).

  The jury can only consider age and sex
• Asmelash

  The jury needs to determine whether a sober person would have reacted in the same way.