Loss of control: loss of opportunity?
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Withey, Carol (2011) Loss of control: loss of opportunity? Criminal Law Review, 2011 (4). pp. 263-279. ISSN 0011-135x
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Abstract
The partial defence to murder of ‘loss of control’ under s.54 (1) of the Coroners and Justice Act 2009 replaces the previous partial defence of provocation. This paper examines the new statutory provisions and compares them with the previous law relating to provocation and with the Law Commission’s proposals for reform. Reference will be made to the different theoretical models that underpin the old and new law. The analysis of the new provisions will focus on the statutory wording and the problems of interpretation that may result.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Partial defences to murder; loss of control; provocation; murder; Coroners and Justice Act 2009 |
| Subjects: | H Social Sciences > HQ The family. Marriage. Woman K Law > K Law (General) |
| School / Department / Research Groups: | School of Humanities & Social Sciences > Law & Criminology Research Group |
| Related URLs: | |
| Last Modified: | 10 Jan 2013 14:01 |
| URI: | http://gala.gre.ac.uk/id/eprint/5079 |
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