Tuesday, October 8, 2019

Critically discuss the extent to which the defence of loss of control Essay

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 - Essay Example 2 This was supplanted by the defence of loss of control that had been induced by a triggering event, under the Coroners and Justice Act 2009. 3 The principal changes effected by the new act are; absence of a requirement for the loss of control to be abrupt; exclusion of sexual infidelity as a qualifying trigger; requiring a qualifying trigger to pertain to fear of violence from the deceased or to things said or done. 4 With regard to triggers that are based on things said or done, the requirements are that the extenuating circumstances should be very grave in character, and these circumstances should have justifiably made the defendant believe that he been wronged. In the event of such fear having been incited by the defendant, then it is to be ignored. 5 The Coroners and Justice Act 2009 specifies that loss of control has to be on the basis of one of the qualifying triggers, if the defence is to be successful. These are loss of self – control that can be attributed to a fear of serious violence, as provided under section 55(3); or on account of circumstances of an extremely serious nature, which result in a justifiable sense of having been wronged. The latter qualifying trigger has been provided under section 55(4)(a) and 55(4)(b) of the Act. 6 The difficulty associated with the provisions of this Act is that a defence wherein the defendant has probably acted out of danger is placed in the same category as a defence attributed to fear. However, there is some improvement, as the law has now come to recognise that loss of self – control can be occasioned by emotions other than rage.7 This is of great benefit to battered women who kill or grievously injure their tormentor. Under the provisions of the Homicide Act 1957, the defendant should have experienced a loss of self – control. The 2009 Act has clarified that loss of self – control was not required to be spontaneous. However, the presence of the

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