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The judge's role where provocation is evident but not discussed

Clough, A (2016) The judge's role where provocation is evident but not discussed. Journal of Criminal Law, 75 (5). pp. 350-354. ISSN 0022-0183

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Abstract

Explains the Court of Appeal decision in R. v Scamp (Kirsty) on whether a murder conviction was unsafe where a judge had not adequately directed the jury as to the issue of provocation, or loss of control, in a case where there was evidence of domestic violence although no defence of provocation was advanced by the defendant. Discusses the Coroners and Justice Act 2009 s.54 and the changing requirements of the judge and jury regarding directions in cases of loss of control. Notes relevant case law with regard to determining loss of control and establishing the concept of the reasonable person

Item Type: Article
Uncontrolled Keywords: 1801 Law
Subjects: K Law > K Law (General)
Divisions: School of Law
Publisher: Sage Publications
Date Deposited: 14 Dec 2016 10:29
Last Modified: 12 Sep 2017 14:32
URI: http://researchonline.ljmu.ac.uk/id/eprint/5091

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