Practice and Procedure

Relevance of sexual infidelity of victim in defence to murder

PUBLISHED January 29, 2012

Where, for the purposes of the partial defence to murder of loss of self-control, such loss of self-control was triggered by sexual infidelity that could not, on its own, qualify as a trigger for the purposes of the defence. However, where the defendant relied on an admissible trigger for which sexual infidelity was said to provide an appropriate context for evaluating whether the trigger relied on was a qualifying trigger for the purposes of the statutory provisions, the prohibition on sexual infidelity as a trigger did not operate to exclude it.