The New Loss of Control Defence in Homicide Cases
- Podcast Location:
- Download it here [file size: 19.6 MB]
- Categories:
-
Criminal Law
- CPD Points:
- Up to 1 point. details »
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast aims to introduce practitioners to the new partial defence for homicide; ‘loss of control’ that replaces the old defence of provocation. It will examine both the old and new law and how the two compare. The podcast will also examine how the new law is supposed to work and what impact it is likely to have on cases where the defence is pleaded by looking at a series of examples practitioners might encounter in practice.
- Outcomes:
- After completing the course you will:
- Understand how the law of ‘provocation’ has been reformed;
- Understand how the old law of provocation worked for offences up until 4th October 2010;
- Understand how the new defence of ‘loss of control’ will work for offences after 4th October 2010;
- Understand the points of difference between the two regimes;
- Be aware of the circumstances in which the new defence can be invoked by a Defendant;
- Understand the limitations of the new defence of ‘loss of control’.
- Level:
- General Interest
- Classification:
-
Introduction
Legislative Updates
Panel Discussion
Practical Guide
- Sources and References:
-
- Homicide Act 1957 s3;
- Coroners and Justice Act 2009 SS 54 and 55;
- Ahluwalia [1992] 96 Cr App R 134;
- R v Duffy [1949] 1 All ER 932n;
- R v Sara Thornton (No. 1) [1992] 1 All ER 306;
- R v Sara Thornton (No. 2) [1996] 1 WLR 1174;
- Attorney-General for Jersey v Holley [2005] 2 AC 580.
In this podcast, 3 criminal barristers discuss the recent changes to the partial defence of provocation by the Coroners and Justice Act 2009 which has recast the law, creating a new defence of ‘loss of control’. It will compare the old and new law and what the changes will mean for cases brought after 4th October 2010.
Podcast added:14/02/2011
Podcast last reviewed: 2012-03-22
