Loss of control
Withey, Carol ORCID: https://orcid.org/0009-0001-6415-336X (2010) Loss of control. Criminal Law and Justice Weekly, 174 (14). pp. 197-199. ISSN 1759-7943
PDF (Article as published)
proof_of_loss_of_control_defence.pdf - Published Version Restricted to Repository staff only Download (499kB) |
Abstract
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 |
Related URLs: | |
Last Modified: | 29 Jul 2023 10:27 |
URI: | http://gala.gre.ac.uk/id/eprint/4794 |
Actions (login required)
View Item |
Downloads
Downloads per month over past year