Anger trigger

Question 1

When does the anger trigger apply?

Answer 1

The second qualifying trigger applies where the defendant’s loss of control was caused by things said or done which constituted circumstances of an extremely grave character and caused the defendant to have a justifiable sense of being seriously wronged, under section 55(4) of the Coroners and Justice Act 2009.

Question 2

This means the conduct….

Answer 2

This means that the conduct must be very serious and exceptional, going beyond ordinary arguments, insults, or minor disputes.

Question 3

What must the defendant feel?

Answer 3

The defendant must feel that they have been seriously wronged, meaning that the situation would cause a strong sense of injustice.

Question 4

What must the court consider?

Answer 4

The court must consider whether a reasonable person might also feel seriously wronged in those circumstances.

Question 5

When can the defence not be used?

Answer 5

The defence cannot be used where the loss of control was caused by sexual infidelity alone, as set out in section 55(6)(c) of the Coroners and Justice Act 2009. However, sexual infidelity may still be considered as part of the wider circumstances, as recognised in R v Clinton.

Sexual infidelity cannot be the only reason for the loss of control.

But if there are other serious factors, the court can consider the infidelity together with those factors.

Question 6

When else will the defence not apply?

Answer 6

The defence will not apply if the defendant acted in a considered desire for revenge, as confirmed in R v Dawes.