[2012] EWCA Crim 2

In murder cases, for the purposes of the partial defence of loss of control, sexual infidelity might properly be taken into consideration by virtue of the Coroners and Justice Act 2009 s.54 where it was integral to the facts as a whole, being one of a number of factors which caused the defendant to lose control. In such circumstances, the prohibition in s.55(6)(c) would not operate to exclude it.

CA (Crim Div) (Lord Judge LCJ, Henriques J, Gloster J)

17/01/2012