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Loss of control

Loss of control

Withey, Carol (2010) Loss of control. Criminal Law and Justice Weekly, 174 (14). pp. 197-199. ISSN 1759-7943

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Carol Withey explains the new partial defence to murder

The Coroners and Justice Act 2009 received Royal Assent on November 12, 2009. The common law partial defence of provocation has been abolished by s.56(1). The Act also provides that s.3 of the Homicide Act 1957, which modified the common law defence of provocation, ceases to have effect; s.56(2)(a). A new partial defence of “loss of control” is provided in s.54(1). The new offence is not yet in force so provocation continues to apply. This article explains the nature of the new partial defence and compares it to the existing law governing provocation.

Item Type: Article
Uncontrolled Keywords: loss of control, provocation, partial defences to murder, voluntary manslaughter
Subjects: K Law > K Law (General)
Pre-2014 Departments: School of Humanities & Social Sciences
School of Humanities & Social Sciences > Law & Criminology Research Group
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Last Modified: 14 Oct 2016 09:12

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