ABSTRACT

This chapter considers the circumstances in the new defence of loss of self-control, where the defendant is relying on the 'serious wrong' qualifying trigger. It expresses that the serious wrong loss of control defence should be available in many cases where victims of domestic violence kill their abusers. The chapter gives an explanation of the wrong that can arise in domestic abuse behaviour. It focuses on the coercive control form of domestic violence. The chapter considers the availability of the serious wrong form of the loss of control defence for victims of domestic violence. It highlights the ways in which domestic abuse is typically a serious wrong to the woman. The wrongs highlighted are not restricted to physical abuse. The chapter also highlights four elements: the coercive effect of domestic abuse; the breach of trust involved; the impact of children; and its contribution to patriarchy.