Loss of Control (VM)

Question 1

R v Clinton

Answer 1

• D killed his ex-wife following taunts, revelations about affairs and mental illness.
• Sexual infidelity can add to a defence where there exist other qualifying triggers.

Question 2

R v Dawes

Answer 2

• D attacked V with a bottle after finding him asleep with his estranged wife.
• V took the bottle and attacked D, who grabbed a kitchen knife fatally stabbing V.
• Qualifying triggers still apply despite D’s bad behaviour, unless his actions were intended to provide him with the excuse or opportunity to use violence.