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Loss of self control s54 of CJA

causation - it has to be the loss of self control which causes the death (Doughty - baby crying is enough to be provocation)




qualifying trigger - has to be something of extremely grave character which makes the D loose self control. Sexual infidelity does not count but Clinton case - if it leads to lots of taunts then it does count




objective requirement - you have to take into account all the reasonably characteristics of the D to decide if the reasonable man would have done as D did. R v Smith. However does not include mental ones as this would come under diminished responsibility

Diminished responsibility s 52 of CJA

s2(1) - if D is suffering from abnormality of mind which arises from the following then wont be guilty of murder


1)arises from a medical condition


2)stops D doing anything contained in 1A


3)provides explanation for D's acts/omissions in killing V




section 1A


1)make a rational judgement


2)be able to exhibit self control


3)understand the nature of D's conduct

Suicide pacts Homicide Act 54

If killing is part of a suicide pact then you are not held responsible for death