Coroner’s and Justice Act 2009, s.54(1), 3 requirements:
D suffered a loss of control (s.54(1)(a))
This had a qualifying trigger (s.54(1)(b))
A reasonable person might have reacted in the same way (s.54(1)(c))
LoC - need not be sudden
S.54(2):
-> could be time lapses (Ahluwalia)
-> must not be reveng (Ibrams & Gregory; Bailie)
Loc - Qualifying triggers, s.55
D only needs to meet 1 of these:
Fear - s.55(3)
Anger - s.55(4)
LoC - Fear Trigger
s.55(3)
-> where D fears serious violence from the V against himself or another identified person
LoC - Anger Trigger
S.55(4)
-> where things said or things done (or both) which constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being wronged.
—> different to old law of provocation (R v Doughty)
Hatter
-> the question of what constituted circumstances of extremely grave character and caused the D to have a justifiable sense of being seriously wronged is decided objectively.
LoC - sexual infidelity
Is excluded
-> UNLESS in combination with other factors (Clinton)
LoC - final requirement
s.54(1)(c)
”a person of D’s sex and age, with a normal degree of tolerance and self restraint and in the circumstances of D, might have reacted in the same or similar way”
-> similar to the old law & decision in the case of Camplin
