R v Dawes [2013] EWCA Crim 322
Court: Court of Appeal (Criminal Division)
Facts: D found his estranged wife with another man, instigated a fight, and subsequently killed the other man. The judge held that the defence of loss of control could not be put to the jury under s.55(6)(a) of the Coroners and Justice Act 2009) as he had incited the violence. He was convicted of murder and appealed contending the defence of loss of control should have been put to the jury.
Held: Conviction upheld. Appeal dismissed & defence not avaliable. The court ruled that provocation by the victim does not automatically disqualify loss of control unless Dās actions were calculated to provoke violence.
Key Judicial Statement: Lord Judge CJ remarked, "The mere fact that D was behaving badly or seeking trouble does not disqualify loss of control unless D intended to incite violence."