2. Was there a qualifying trigger that caused D to lose his self-control
S.55 states QT's which are fear of serious violence from the victim or things said and done by the victim or both which are extremely grave in character to make D feel justifiably wronged
3. S.55 outlines triggers to be disregarded
if D incited V to do or say something leading to threat of serious violence the defence will fail. Anything said and done related to sexualinfidelity will also be disregarded as a QT
4. Would a person of the same age and sex with a normal degree of tolerance act
the same in the circumstances
5. If loss of control successful, D will evade the mandatory life sentence for murder and be guilty of voluntary manslaughter but the judge has discretion over what sentence to pass
Coroners Justice Act 2009 S.54 states D may be able to claim the partial defence to murder only
