R v Clinton [2012] EWCA Crim 2

Court of Appeal

Facts: D killed his wife after an argument in which she taunted him with details of her infidelity. D sought to rely on the partial defence of loss of control under s.54-55 of the Coroners and Justice Act 2009. s.55(6) excludes sexual infidelity as a qualifying trigger for loss of control.

Issue : Is the prohibition on sexual infidelity as a qualifying trigger to the defense of loss of control, as imposed by s.55(6)(c) of the Coroners and Justice Act 2009, a valid one?

Held: Partial defence allowed. The Court distinguished between cases where sexual infidelity was the sole trigger and cases where it provided a context for other significant triggers.

Key Judicial Statement: Lord Judge CJ noted, "Sexual infidelity cannot of itself qualify as a trigger, but where it forms an integral part of the context in which other triggers operate, it may be relevant."