ABSTRACT

This chapter analyses the loss of control partial defence to murder in so far as it relates to killing in response to 'circumstances of an extremely grave character'. It explores four important issues raised by factors the jury can and should take into account in applying. The chapter examines whether the thing or things said or done have to be directed against D. It considers to what extent, D should be judged on the facts as he or she believed them to be where he or she made a mistake about them. The chapter considers the extent of the restriction regarding sexual infidelity and whether this restriction regarding sexual infidelity improves the law. It considers relevant law from other common law jurisdictions, including Australia. It is the sexual infidelity aspect of this provision which is contentious and therefore important for the purposes of this chapter.