Lecture notes
Loss of Control
- Module
- Criminal Law
- Institution
- Queens University Belfast (QUB)
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.
[Show more]
Content preview
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.
1
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller MarkC57. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £5.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
76799 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now