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Loss of Control
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These are my lecture notes on the defence of loss of self-control. Case law is used to make critical points on the law in these areas.
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CRIMINAL LAWVOLUNTARY MANSLAUGHTER: LOSS OF CONTROL
BASIC READING:
Herring, Chapter 5 and another textbook on loss of control.
FURTHER READING
A. Clough, 'Loss of Self-control as a Defence: The Key to Replacing Provocation' (2010) 74(3) Journal
of Criminal Law 118.
S. Edwards, ‘Anger and fear as justifiable preludes for loss of self-control’ (2010) 74(3) Journal of
Criminal Law 223.
A. Howe, 'Red Mist' homicide: Sexual Infidelity and the English Law of Murder (Glossing Titus
Andronicus)' (2013) 33(3) Legal Studies 407.
Law Commission Report No.304, Murder, Manslaughter and Infanticide (2006).
C. Morgan, ‘Loss of Self-Control: Back to the Good Old Days’ (2013) 72(9) Journal of Criminal Law 119
A. Norrie, 'The Coroners and Justice Act 2009 - partial defences to murder (1) Loss of control' [2010]
Criminal Law Review 275.
S. Parsons, ‘The loss of control defence - fit for purpose?’ (2015) 79(2) Journal of Criminal Law 94.
A. Reed & M. Bohlander, Loss of Control and Diminished Responsibility (Ashgate, 2011).
T. Storey, Loss of control: 'sufficient evidence' (again) (2015) 79(3) Journal of Criminal Law 154.
G. R. Sullivan, ‘Anger and Excuse: Reassessing Provocation’ (1993) 13(3) Oxford Journal of Legal
Studies 421.
D. Tyson, Sex, Culpability and the Defence of Provocation (Routledge, 2012).
N. Wake, ‘Loss of Control Beyond Sexual Infidelity’ (2012) 76(3) Journal of Criminal Law 193.
C. Withey,’Loss of control: loss of opportunity’ [2011] Criminal Law Review 263.
Parameters of the Defence:
Loss of Control is a defence ONLY to Murder.
Loss of Control is a partial defence – if raised successfully the accused will be
acquitted of murder, but convicted of manslaughter.
The burden of proof in respect of the defence is on the prosecution beyond all
reasonable doubt.
This defence replaces the previous defence of provocation. The new law came into
force on 4th October 2010.
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