CROMBAG_The_Northern_Ireland_Legal_Quarterly_SEP_2021.pdf (271.48 kB)
Loss of control in the appeal courts
journal contribution
posted on 2023-06-10, 01:48 authored by G R Sullivan, Hans CrombagHans Crombag, J J ChildThe article critiques the ‘loss of self-control’ requirement within Loss of Control partial defence, investigating its meaning (legally and scientifically), as well as its theoretical purpose. We contend that the partial defence currently performs a curious and problematic role, promoting questions of self-control, that are most effectively dealt with at a post-conviction stage (ie, at sentencing), into questions for the liability stage. This could be (perhaps best) resolved through the abolition of the mandatory life sentence for murder, and subsequent abolition of the partial defences, but it is accepted that the current political reality weighs heavily against this option. Looking for viable alternatives, we highlight the advantages of an approach that maximises discretion based on a full appraisal of potentially extenuating circumstances; before discussing how the current partial defence, including the requirement for a loss of self-control, should be interpreted to move the current law closer to this goal.
History
Publication status
- Published
File Version
- Accepted version
Journal
Northern Ireland Legal QuarterlyISSN
0029-3105Publisher
School of Law, Queen's University BelfastExternal DOI
Issue
2Volume
72Page range
200-223Department affiliated with
- Psychology Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2021-11-16First Open Access (FOA) Date
2022-09-17First Compliant Deposit (FCD) Date
2021-11-15Usage metrics
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