Critical perspectives on the partial defence of loss of control

Carline, Anna ORCID: 0000-0001-9350-3501 (2023) Critical perspectives on the partial defence of loss of control. In: Women Who Kill, Criminal Law and Domestic Abuse. Routledge, pp. 51-66. ISBN 9781032052878

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Abstract

A significant body of literature has highlighted how the previous partial defence of provocation failed women who killed their abusive partners. One particular concern was the inability of the subjective element of the defence - that of a sudden loss of control - to respond to the circumstances in which women who were subjected to domestic abuse reacted to their abusers. This chapter will explore whether the new loss of control defence, as contained in section 54 of the Coroners and Justice Act 2009, has improved the situation and enabled abused women to access justice. The focus of the analysis will be primarily on those reported appeal cases in which the defendant has killed their partner. This will include those who were married, or otherwise, as well as those in which the victim was an ex-partner/spouse. The focus will also be on those cases that shed some light on either the requirement of a loss of control or on one of the qualifying triggers, as set out in sections 54 and 55 of the 2009 Act. There are of course significant limitations to relying upon reported judgments, the key being that the analysis is restricted to those in which there has been an appeal (whether against conviction or sentence). This subsequently paints a rather partial picture. But what is significant for this chapter is the relative lack of appeal cases involving women who killed an abusive partner.

Item Type:	Book Section
Uncontrolled Keywords:	Clinical Research, 5 Gender Equality, 16 Peace, Justice and Strong Institutions
Divisions:	Faculty of Humanities and Social Sciences > School of Law and Social Justice
Depositing User:	Symplectic Admin
Date Deposited:	23 Aug 2022 10:05
Last Modified:	17 Mar 2024 15:02
DOI:	10.4324/9781003196884-4
Related URLs:	Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3162071