Loss of control in the appeal courts

Sullivan, G R, Crombag, H S and Child, J J (2021) Loss of control in the appeal courts. Northern Ireland Legal Quarterly, 72 (2). pp. 200-223. ISSN 0029-3105

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Abstract

The 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.

Item Type: Article
Schools and Departments: School of Psychology > Psychology
SWORD Depositor: Mx Elements Account
Depositing User: Mx Elements Account
Date Deposited: 16 Nov 2021 08:10
Last Modified: 17 Sep 2022 01:00
URI: http://sro.sussex.ac.uk/id/eprint/102942

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