There has to be a qualifying trigger for this defence to become valid. Section 55 sets out the qualifying triggers. These are the qualifying triggers:
- D's fear of serious violence from the victim against themself or somebody else
- A thing or things said or done which constituted circumstances of extremely grave character and caused D to have a justifiable sense of being seriously wronged.
Alternatively, the qualifying trigger can be a combination of these two matters:
Fear of violence - Under the old law of provocation a defendent couldnt use fear of violence as a valid reason to use loss of control as a defence. If we look at the case of Martin who killed one burgular who got into his house, he couldn't use loss of control as a defence.
Things said or done - There are two pieces of criteria to this point, the things said must be of extremely grave character, and caused D to have a justifiable sense of being wronged. It's important there is a second point as it would allow a case like Doughty to be liable for the defence. Zebedee confirms this.
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