Chapter 7 Key debates

Homicide I

Topic

‘The serious wrong of domestic abuse and the loss of control defence’

Author/Academic

Jonathan Herring

Viewpoint

This chapter considers cases in which a victim of domestic abuse who kills her abuser can rely on the loss of control defence.

Source

A Reed and M Bohlander (eds), Loss of Control and Diminished Responsibility: Domestic, Comparative and International Perspectives (Ashgate, 2011)

Topic

‘The Coroners and Justice Act 2009—partial defences to murder (1) Loss of control’

Author/Academic

Alan Norrie

Viewpoint

The author gives a detailed analysis of the scope of the loss of self-control defence and, where relevant, compares the new defence to the repealed defence of provocation.

Source

[2010] Crim LR 275

Topic

‘The Coroners and Justice Act 2009—partial defences to murder (2) The new diminished responsibility plea’

Author/Academic

JD Mackay

Viewpoint

The author gives a detailed analysis of the scope of the reformulated defence and, where relevant, compares the availability of the defence to the old s 2 defence. He questions whether the reformulation meets the stated aims of the change.

Source

[2010] Crim LR 290

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