[2013] EWCA Civ 322

In upholding three convictions for murder in which the loss of control defence in the Coroners and Justice Act 2009 s.54 and s.55 had been raised, the court considered the application of that defence, in particular in the context of violence offered to or feared by a defendant. The qualifying trigger necessary for that defence under s.54(1)(b), elaborated by s.55(6)(a) and s.55(6)(b), was not available to a defendant who had deliberately sought to provide himself with an excuse to use violence by inciting, or encouraging or manufacturing a situation for that purpose.

CA (Crim Div) (Lord Judge LCJ, Rafferty LJ, Simon J)

26/03/2013