Chapter 7 Key debates

Topic

Author/Academic

Viewpoint

Source

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


defence’

Jonathan Herring

This chapter considers cases in which a victim of domestic abuse who kills her


abuser can rely on the loss of control defence.

A Reed and M Bohlander (eds), Loss of Control and Diminished Responsibility:


Domestic, Comparative and International Perspectives(Ashgate)



 

‘The Coroners and Justice Act 2009—partial defences to murder (1)


Loss of control’

Alan Norrie

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defence and, where relevant, compares the new defence to the repealed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.


[2010] Crim LR 275

‘The Coroners and Justice Act 2009—partial defences to murder (2)


The new diminished responsibility plea’

JD Mackay

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.

[2010] Crim LR 290

Back to top