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Honour killings, partial defences and the exclusionary conduct model

Clough, A (2016) Honour killings, partial defences and the exclusionary conduct model. Journal of Criminal Law, 80 (3). pp. 177-187. ISSN 0022-0183

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Abstract

The partial defence of loss of control, as set out in s54 and s55 Coroners and Justice Act 2009 makes clear that those fearing violence will be partially exculpated from the harsh mandatory life sentence a murder conviction mandates, while a killing out of sexually jealousy will not. What is less clear is which other circumstances, and emotions, will be included under the umbrella of the two qualifying trigger to the partial defence. This article considers if honour killings in particular will be able to achieve a successful loss of control plea, and a missed opportunity to have such cases excluded expressly by the wording of the Coroners and Justice Act 2009.

Item Type: Article
Additional Information: The Journal of Criminal Law 2016, Vol. 80(3) 177–187. © The Author(s) 2016 Reprints and permissions: sagepub.co.uk/journalsPermissions.nav DOI: 10.1177/0022018316646636 clj.sagepub.com
Uncontrolled Keywords: 1801 Law
Subjects: K Law > K Law (General)
Divisions: School of Law
Publisher: Sage Publications
Date Deposited: 23 Sep 2016 09:05
Last Modified: 06 Sep 2017 22:06
DOI or Identification number: 10.1177/0022018316646636
URI: http://researchonline.ljmu.ac.uk/id/eprint/4193

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