Sexual Infidelity and a Justifiable Sense of Being Seriously Wronged: What Next for the Loss of Control Defence?

The partial defence of loss of control was created almost 15 years ago based on an exclusionary conduct model, with sexual infidelity being exempt as a qualifying trigger. Very quickly, the plausibility of this exclusion was tested and a legal loophole was created. The relationship between sexual infidelity, the second qualifying trigger presumably based on ‘anger’ and surrounding contexts is an interesting one. This paper addresses how the courts can best deal with infidelity, revenge and when a person may legally have a ‘justifiable sense of being seriously wronged’ worthy of mitigation of a charge of murder to manslaughter. Novel options for reform are offered as a way to move forward with just solutions.