Replaces the old law of provocation. Found in S45 and S55 of the Coroners and Justice Act.
S54- (1) D kills/is party to the killing of another, D is not to be convicted of murder if:
(a). D's acts/omissions in doing/being party to the killing resulted from a loss of control
(b). The loss of control came from a qualifying trigger and
(c). A person of D's sex and age, with a normal level of tolerance/self-restraint, and in the circumstances of D, might have reacted in the same/similar way to D.
There must be a loss of self-control, not just succumbing to a request- Cocker. Duffy- 'not for the moment master of their own mind'.
The loss of control does not have to be sudden-S54(2)- Ahluwalia, although the longer the delay, the stronger the prosecution may argue that L.O.C cannot be used as a defence. Thornton- waited until her husband was asleep.
S54(4)- defence not allowed if acting through a 'considered desire for revenge'- Ibrams and Gregory.
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