Open AccessThe role of loss of self-control in defences to homicide: a critical analysis of Anglo-Australian developments
Author(s) -
Heather Douglas,
Alan Reed
Publication year - 2021
Publication title -
northern ireland legal quarterly
Language(s) - English
Resource type - Journals
eISSN - 2514-4936
pISSN - 0029-3105
DOI - 10.53386/nilq.v72i2.878
Subject(s) - law reform , homicide , expansive , legislature , criminology , provocation test , law , political science , self defense , gun control , economic justice , settlement (finance) , sociology , poison control , suicide prevention , medicine , economics , environmental health , compressive strength , materials science , alternative medicine , finance , pathology , payment , composite material
The provocation defence has been the subject of legislative reform in England and Australia over the past 10 years. In England, it was abolished by section 56 of the Coroners and Justice Act 2009 and replaced with a partial defence of loss of control. In Australia, the provocation defence has been abolished in some states and significantly reformed in others. One of the key challenges for law reform has been how to ensure homicide defences are not overly restrictive for abused women who kill their abuser, while at the same time ensuring that homicide defences are not overly expansive for domestic abusers who ultimately kill their partner. With these challenges in mind, we critically examine the operation of the loss of control defence in England. There has been significant reform to the provocation defence across Australia, and, in this article, we also focus on the most recent reforms in Queensland and New South Wales. We conclude with some suggestions for further reform.