Fear trigger

Question 1

When does the fear trigger apply?

Answer 1

One qualifying trigger for the defence of loss of control is the fear trigger, which applies where the defendant fears serious violence from the victim against themselves or another identified person, as set out in section 55(3) of the Coroners and Justice Act 2009.

Question 2

What type of test is the fear trigger?

Answer 2

This is a subjective test, meaning the defendant must show that they genuinely feared serious violence.

This means the court will consider whether the defendant personally believed that serious violence was about to occur.

Question 3

When can the defendant not rely on the fear trigger?

Answer 3

However, the defendant cannot rely on the fear trigger if they incited or induced the violence themselves, as confirmed in R v Dawes.