Part 2Criminal offences
Chapter 1Murder, infanticide and suicide
Partial defence to murder: loss of control
55Meaning of “qualifying trigger”
(1)
This section applies for the purposes of section 54.
(2)
A loss of self-control had a qualifying trigger if subsection (3), (4) or (5) applies.
(3)
This subsection applies if D's loss of self-control was attributable to D's fear of serious violence from V against D or another identified person.
(4)
This subsection applies if D's loss of self-control was attributable to a thing or things done or said (or both) which—
(a)
constituted circumstances of an extremely grave character, and
(b)
caused D to have a justifiable sense of being seriously wronged.
(5)
This subsection applies if D's loss of self-control was attributable to a combination of the matters mentioned in subsections (3) and (4).
(6)
In determining whether a loss of self-control had a qualifying trigger—
(a)
D's fear of serious violence is to be disregarded to the extent that it was caused by a thing which D incited to be done or said for the purpose of providing an excuse to use violence;
(b)
a sense of being seriously wronged by a thing done or said is not justifiable if D incited the thing to be done or said for the purpose of providing an excuse to use violence;
(c)
the fact that a thing done or said constituted sexual infidelity is to be disregarded.
(7)
In this section references to “D” and “V” are to be construed in accordance with section 54.