Since the early 1990s there has been a plethora of academic commentary on the criminal law's response to such cases. More recently, the debate has been re-opened following the publication of the Law Commission's proposals on the Partial Defences to Murder. This article examines doctrinal issues...
Active involvement in policy development covering such matters as sentencing, treatment of intellectually disabled persons and the criminal law, the right to silence, partial defences to murder, surveillance, contempt by publication and anti-discrimination law 积极参与涉及下列事项政策的制定:判刑、治疗智力...
76 Serious Crime Act 2015 which criminalises coercive or controlling behaviour in an intimate or family relationship and considers an argument for aligning partial defences to murder with it. It takes inspiration from the case of Sally Challen, granted leave to appeal her murder conviction at the...
CRIMINAL lawAn abused person who kills their abuser remains a conundrum for law and justice. How do we adequately deal with this issue using the current defences to murder? The Coroners and Justice Act 2009 legislated with such situations in mind, but the focus here w...
We also argue that the general defences of duress of circumstances and necessity, even if they were to be become available, are inappropriate. Developing the concept of 'compassion', which is a consideration in relation to prosecution for assisted suicide, we argue for the introduction of a ...
Criminal lawBattered Woman SyndromeDefence of ProvocationDefence Loss of ControlThe requirements of the old defence of provocation under the common law and Homicide Act 1957 did not cover cases of abused women who kill their abusers. The defence did not recognise the reaction of abused women as ...
In particular, it aims to set the scene for future theoretical development in this area by dismantling the three familiar arguments against expanding partial defences beyond homicide. First, it clarifies the nature of partial excuse by questioning the apparent dependency of the doctrine on the ...