lc290 Partial Defences to Murder report - Law Commission

defendant’s age and all the circumstances of the defendant
other than matters whose only relevance to the defendant’s
conduct is that they bear simply on his or her general capacity
for self-control.
3) The partial defence should not apply where
(a) the provocation was incited by the defendant for the purpose
of providing an excuse to use violence, or
(b) the defendant acted in considered desire for revenge.
4) A person should not be treated as having acted in
considered desire for revenge if he or she acted in fear of
serious violence, merely because he or she was also angry
towards the deceased for the conduct which engendered that
fear.
5) The partial defence should not apply to a defendant who kills
or takes part in the killing of another person under duress of
threats by a third person. 101
6) A judge should not be required to leave the defence to the
jury unless there is evidence on which a reasonable jury,
properly directed, could conclude that it might apply.
101 Pending a wider review of the law of murder. See paras 3.161-3.162.
71