This defence is only a ‘partial defence to murder’ and can only be raised in murder cases.
To be successful in this defence, you must prove on the balance of probabilities that:
- The deceased’s conduct, including words or physical actions caused you to ‘lose control’.
- The deceased conduct or actions would have caused an ordinary, reasonable person to lose control.
If you are successful in this defence, then you will be convicted to a downgraded charge of manslaughter rather than murder.