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Loss of self-control as a defence: the key to replacing provocation

Clough, A (2010) Loss of self-control as a defence: the key to replacing provocation. Journal of Criminal Law, 74 (2). pp. 118-126. ISSN 0022-0183

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Discusses the introduction under the Coroners and Justice Act 2009 s.54 of loss of control as a partial defence to murder, to replace the common law partial defence of provocation abolished under s.56. Considers why the law recognises human frailty in the form of a defence based on loss on self control and why the requirement for the loss of self-control to be sudden has been dropped. Highlights clarification of the "reasonable person" concept provided by subss.54(1)(c) and (3). Applies the "qualifying triggers" in s.55 to the facts of the two leading cases on provocation.

Item Type: Article
Uncontrolled Keywords: 1801 Law
Subjects: K Law > K Law (General)
Divisions: Law
Publisher: Sage Publications
Date Deposited: 13 Dec 2016 12:09
Last Modified: 04 Sep 2021 12:11
DOI or ID number: 10.1350/jcla.2010.74.2.624
URI: https://researchonline.ljmu.ac.uk/id/eprint/5088
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