Nobody downloaded yet

Norrie, in his case comment, The Coroners and Justice Act 2009 - partial defences to murder (1) Loss of control Crim L.R. 2010. 4. 275-289, analyses and critically evaluates the defence of loss of control. Briefly identify the key arguments advanced by - Essay Example

Comments (0) Cite this document
Summary
This followed the 2006 report inherently formulated by the Law Commission1. The report recommended the revision and redrafting of the partial defences to murder in…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.9% of users find it useful
Norrie, in his case comment, The Coroners and Justice Act 2009 - partial defences to murder (1) Loss of control Crim L.R. 2010. 4. 275-289, analyses and critically evaluates the defence of loss of control. Briefly identify the key arguments advanced by
Read TextPreview

Extract of sample "Norrie, in his case comment, The Coroners and Justice Act 2009 - partial defences to murder (1) Loss of control Crim L.R. 2010. 4. 275-289, analyses and critically evaluates the defence of loss of control. Briefly identify the key arguments advanced by"

Download file to see previous pages In its report, the Law Commission cited a number of issues that needed address. The commission also provided guidelines on how the issues could remain dealt with. The foremost issue identified was the fact that the aspect of provocation had no clear guidelines for its implementation and raised vast public complains such as gender bias3.
Under this new law, the partial defence to murder of loss of control has its basis on a number of aspects. These aspects are the core components of loss of control. These components must remain adhered to when making decisions of cases of this nature. The components are discussed in detail below.
The partial defence to murder because of loss of control should remain based on a qualifying trigger. In this case, the reaction of a person towards an angering situation is measured against the reaction of another person with a normal degree of self-restraint and tolerance. The second individual should be of a similar age and sex as the first person. Section 54 provides for this off the act.
For the validity of the defendant’s argument, the loss of self-control should not have been sudden. The cause of the course of action in response to the qualifying trigger should not remain based on revenge. In this case, the defence states that the defendant acted based on loss of self-control. The prosecution faces the task of proving that the defendant did not experience a loss of self-control. The prosecution can only raise this issue if the presiding judge is on the opinion that the evidence put forward by the prosecution does not satisfy the concerned jury4.
The basis of qualifying triggers is on anger and fear. A person can be said to have lost self-control because of fear attributable to serious violence from the second party. The loss of self-control can also remain based on anger that is attributable to a justifiable situation of being wronged. These situations bring about the anger trigger and the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Norrie, in his case comment, The Coroners and Justice Act 2009 - Essay”, n.d.)
Retrieved from https://studentshare.org/law/1694625-norrie-in-his-case-comment-the-coroners-and-justice-act-2009-partial-defences-to-murder-1-loss-of-control-crim-lr-2010-4-275-289-analyses-and-critically-evaluates-the-defence-of-loss-of-control-briefly-identify-the-key-arguments-advanced-by
(Norrie, in His Case Comment, The Coroners and Justice Act 2009 - Essay)
https://studentshare.org/law/1694625-norrie-in-his-case-comment-the-coroners-and-justice-act-2009-partial-defences-to-murder-1-loss-of-control-crim-lr-2010-4-275-289-analyses-and-critically-evaluates-the-defence-of-loss-of-control-briefly-identify-the-key-arguments-advanced-by.
“Norrie, in His Case Comment, The Coroners and Justice Act 2009 - Essay”, n.d. https://studentshare.org/law/1694625-norrie-in-his-case-comment-the-coroners-and-justice-act-2009-partial-defences-to-murder-1-loss-of-control-crim-lr-2010-4-275-289-analyses-and-critically-evaluates-the-defence-of-loss-of-control-briefly-identify-the-key-arguments-advanced-by.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Norrie, in his case comment, The Coroners and Justice Act 2009 - partial defences to murder (1) Loss of control Crim L.R. 2010. 4. 275-289, analyses and critically evaluates the defence of loss of control. Briefly identify the key arguments advanced by

Counselling in Loss Assign 4

...). This report is an attempt to understand the experiences of an individual who is at an intermediate stage in the process of coping with the loss of a loved one; and to understand the manner in which a therapist can help such an individual transit between stages with less distress. Case study The case under consideration is of Steven, a man who has lost his wife of many years to cancer. He has been bereaved for two years now, and although he has accepted her passing and has experienced the grief of her death and responded to it with life changes; he has not been able to adjust to life in her absence. His grown – up sons are concerned about...
6 Pages(1500 words)Essay

Hearing loss

..., they require special educational services such as use of amplification system, auditory training from specialists, systems used for amplification, etc. What is more, children with hearing loss learn vocabulary in a strenuous way and will find it difficult grasping various communication aspects. In comparison, children born deaf will use visible communication models such as finger spelling and sign language hence are able to reduce language delays. Literature of children having hearing loss cites behavioral problems as key problem. Children are mostly affected by behavioral problems show hyperactivities such as depression. In addition, children will never have the perception of being...
3 Pages(750 words)Essay

Total and partial loss Marine Insurance Act 1906

...that followed the UNCTAD report into the legal and documentary aspects of the marine insurance contract.4 The coverage of the Act is not solely for losses in the course of marine adventures in the open sea, but may be extended by the express terms of the contract to losses on inland waters, or land risks incidental to a sea voyage.5 Section 56 of the Act describes the partial and total loss which may be made the basis for claims against the insurance contract. There are five subsections in sec 56, as follows: ‘Section 56 – Partial and total loss (1)A...
12 Pages(3000 words)Essay

Memory Loss

...We all need memories to remind ourselves who we are… Keep it in mind, keep it in mind, keep it in mind” (Pearce). Memory is an iteresting part of our life. It instigates us and guides us in our everyday living. It has the capacity to shape who we are. Between forgeting and remembering, the mind has the aptitude to facilitate what it deems necessary for our comfortable existence. Memory is very vital in each and all of our functions. From the time that we get up to the time that we go to bed, the need for our memory to serve us right is tantamount. Leonard Shelby in Memento suffers from short term memory loss. He conditions himself to remember by repetition. The death of his wife sets him off on a...
3 Pages(750 words)Admission/Application Essay

Gun control (Self defence low)

..., struggle of the one over them many power of the American spirit is best summed up by a quote from the movie The Untouchables: “They pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue! That’s the Chicago way…” (Brooks 281). The romance of the Client Last Name 4 individual against the tide of oppression is the foundation of the American romance. However, the statistical evaluations of reality suggest that it is less likely that the power that a gun imbues will be used for a righteous purpose than for a sorrowful outcome. With the many advocates for guns rights holding powerful lobby power over the legislative branch of the government, it is unlikely that real gun control... Client Guns...
3 Pages(750 words)Essay

Position paper on loss control / Safety and Health

...into the devices and equipment use without any strain. This ensures that the human posture remains as it was before indulging is such tasks. Cognitive ergonomics refers to the interaction of the human metal activities, such as perceptions, reasoning and memory, that are influences by the workloads, decision-making and work stress (Beryl 181). Both aspects of ergonomics are required to be in such a way that the physical body and the mental state of the body are healthy and productive at all times. In case of any strain on the physical anatomy of the human body, the level of productivity goes down. This is because; thee physical state of the body is strained to the extent that it can no longer function as expected. Such...
2 Pages(500 words)Research Paper

Critically discuss the extent to which the defence of loss of control in the Coroners and Justice Act 2009 compares to the defence of provocation

.... Cobb, Neil, R v Clinton: loss of control and sexual infidelity, 20 January 2012, retrieved 19 October 2012, r-v-clinton-loss-of-control-and-sexual-infidelity/>. Coroners and Justice Act 2009. Edwards, Susan SM, ‘Anger and Fear as Justifiable Preludes for Loss of Self – Control, Journal of Criminal Law, vol. 74, no. 3, 2010, pp. 223 – 241. Fitzpatrick, Andy, & Mark George, Loss Of Controlpartial defence to murder, 4 May 2012, retrieved 19 October 2012, . Homicide Act 1957. Loveless, Janet, Complete Criminal Law: Text, Cases, and Materials, 3rd edn, Oxford... Defence of Loss of Control The defence of provocation in murder was replaced by the defence of loss of...
10 Pages(2500 words)Essay

4-1 Control Freaks and Toilets

...Book Report/Review, Business Topic: 4 Control Freaks and Toilets Response to what some other student has posted: In a democratic society problems pave for the enactment of legislation, but legislations alone will not solve the problems. What is important is the willingness of the implementing agency/individuals of the legislation to make the best of it for the welfare of the people for whose benefit the legislation was enacted. The post of the student is good in parts but the observation “that the people elect the representatives and collectively speak the voice of the people” is partially correct. Unfortunately that does not happen. The representatives speak what is politically...
1 Pages(250 words)Book Report/Review

Deathand loss

..., I started remaining busy with my studies and other home based chores in order to get rid of those terrible feelings of loss. I was too much scared and feared death. I was just unable to understand whatever was happening around me. However, with the passage of time, I realized that life goes on in this manner. Now, I am quite aware that death is a reality that has the ability to take from us whom we love. When people die, they leave us, but there are also people who leave us without dying. Their leaving us permanently also can be understood as death of those people in our lives. I remained with my single mother and my father had left us. I regard his leaving us as a loss, which we were required to cop up with. It took some time... , but it...
6 Pages(1500 words)Essay

Assessment question Norrie, in his case comment, the coroners and justice act 2009- partial defences to murder (1) Loss of control crim L.R. 2010. 4. 275-289, Briefly identify the key argument advanced by Norrie in his analysis of this defenc

.... (2012). Coroners and justice Act 2009: Replacing provocation with loss of control. Accessed 5th May 2015. Retrieved from https://inherentlyhuman.wordpress.com/2010/10/28/coroners-and-justice-act-2009. Morgan, C (2013). “Loss of Self-control: Back to the Good Old Days”, Journal Of Criminal Law, 77, 2, pp. 119-135,, viewed 5 May 2015. Norie, A. (2010). Criminl law review: (2010). The coroners and justice Act 2009-...
10 Pages(2500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Norrie, in his case comment, The Coroners and Justice Act 2009 - partial defences to murder (1) Loss of control Crim L.R. 2010. 4. 275-289, analyses and critically evaluates the defence of loss of control. Briefly identify the key arguments advanced by for FREE!

Contact Us