- Created by: Ellagaskell
- Created on: 12-08-20 15:42
Qualifying Triggers (s.54(1)(b));
Trigger 1- Fear of serious violence (s.55(3)): D lost his self control and killed V, a small scales drug dealer after V had attacked him with a baseball bat. Held that the jury accepted that D had lost his self-control in response to serious violence.
Trigger 2- Things said or done (s.55(4)): D murdered his 94yo father after he had soiled himself repeatedly. Held that D's conviction was upheld and the defence of loss of control faled as under s.55(4) the thing done didn't constitute circumstances of an extremely grave character and give the D a justifiable sense of being seriously wronged.
The normal person test (s.54(1)(c)): D had been sexually abused as a child, V tried to sexually assault D and D lost control and killed V. D was able to use defence of provocation. Held that the normal person would have to be considered as having a history of sexual abuse to decide if they would react the same way.