Partial Defences to Murder

LOSS OF CONTROL:

Used to be called Provocation but was changed in the Homocide Act 1957 and is now Loss of Control in the Coroners and Justice Act 2009.

Three triggers must be satisfied to successfully raise the partial defence to Murder which would reduce the offence to Manslaughter:-

1) Feared some violence s55 (3) [subjectively assessed]

- Can be fearing violence for someone else, R v Williams (Gladstone) where the D thought that someone was being beaten up so jumped in to depend them and attacked the V. This was fearing violence for someone else.

2) Things said or done s55 (4) [objectively assessed]

- The victim must of been of extremely grave character which caused the defendant to have a justifiable sense of feeling wronged.

3) A loss of control caused by the above triggers s55 (5)

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