Under section 55 (4) (a) and (b) the qualifying trigger includes only circumstances of an extremely grave character that causing the defendant for having a justifiable sense to be seriously wronged. Here the law is not clear whether justifiable is in the eye of jury or of the defendant.Click to see full answer. Herein, what is a qualifying trigger?These qualifying triggers are: where the defendant fears serious violence; when certain things have been said or done which amount to circumstances of an extremely grave character and caused the defendant to have a justifiable sense of being seriously wronged; or, Page 5 when a combination of the first two situationsSubsequently, question is, what does loss of control mean? Loss of control generally refers to lack of the ability to provide conscious limitation of impulses and behavior as a result of overwhelming emotion. States of agitation such as fighting, screaming, and uncontrollable weeping are most often thought of as behavior illustrative of loss of control. Beside this, is loss of control a partial Defence? The defence of loss of control is a partial defence that may reduce liability for murder to manslaughter. It does not operate to absolve the defendant of liability completely. It is not a general defence and exists only for the offence of murder.Why was provocation abolished?The abolition of provocation as a partial defence to murder would ensure that homicides occurring with an intent to kill or cause really serious harm are accurately labelled as murder by the criminal justice system. The justice system should no longer be seen to legitimise the use of lethal domestic violence.
