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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

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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…
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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
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"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
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