Homicide: Loss of control


In this lecture the partial defence to murder of loss of control in s54 of the Coroners and Justice Act 2009 is considered in detail. Issues include – why the law was changed; the Law Commission’s critique of the old law and the Government’s response; the evidential burden and the burden of proof; the elements of the defence – loss of self-control, the qualifying triggers, limitations on the qualifying triggers including sexual infidelity, the evaluative test; mistaken belief in the existence of qualifying triggers.

Duration: 47 minutes (approx).

Lecturer – Norman Baird

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