ABSTRACT
This chapter focuses on the concept of loss of self-control which clearly lies at the very heart of the plea. One of the basic aims of the loss of self-control requirement was to distinguish deserving cases where the defendant had been seriously provoked and reacted spontaneously from those which were committed in considered revenge and thus undeserving of the court's sympathy. Viewing provoked killings in the manner that is being contended in this chapter has certain practical implications. Coroners and Justice Act 2009, it would be more appropriate for the law to permit expert evidence to be adduced as to the accused's thinking, judgement and perceptions so as to provide a clear and reliable picture of his state of mind. But the argument being made here is clearly that retention of the loss of self-control requirement is unlikely to bring about any significant reform of the law because it focuses attention on the wrong issue.
