The Reform On Homicide And Justice Act 2009

2666 WordsMar 9, 201511 Pages
Introduction The reform on homicide in Corners and Justice Act 2009 is criticised as ‘a dog’s breakfast’, ‘all over the place’ and ‘beyond redemption’. Among other things, s.54-s.56 of CJA 2009 replaces old defence of provocation with a new partial defence including loss of control. This essay supports exclusion of sexual infidelity in s.55(6)(c). After setting out the general legislative background, this essay emphasises the difference between sexual infidelity and sexual jealousy, and then moves on to examine the morality attached to sexual infidelity the modern society. The extent of the exclusion and the interpretation of s.55(6)(c) in case law are also reviewed. Lastly, there is a comparative study between other jurisdictions and England in this specific area. From Provocation to Loss of Control Under the new partial defence, there is a requirement for loss of self-control, a ‘qualifying trigger’ (s.55) through fear or anger, and D must also demonstrate reasonable self-restraint of his age and sex (s.54(1)(c)). Considering the previous notion too broad, Law Commission makes a deliberate decision to restrain the scope of partial defence. The two rationales behind partial defence are justificatory approach and excusatory approach. In CJA the emphasis moves from ‘compassionate excuse’ in the Homicide Act 1957 to ‘imperfect justification’. According to the justificatory approach, a killing in anger produced by serious wrongdoing is ethically less wicked and deserves a

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