Partial Defences to Murder: Report on a Reference Under Section 3(1)(e) of the Law Commissions Act 1965

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The Stationery Office, 2004 - Law - 313 pages
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Following on from an earlier consultation paper by the Law Commission (Consultation paper 173, ISBN 0117302597) published in October 2003, this report makes recommendations on the law and practice of the partial defences to murder of diminished responsibility and provocation, as covered by the Homicide Act 1957, with particular regard to domestic violence situations. It also considers whether there should be a partial defence to murder in cases involving the use of excessive force in self-defence. Appendices include sections detailing: research into the ways in which the law of provocation and diminished responsibility are working; a brief empirical survey of public opinion relating to partial defences to murder; a synopsis of sample cases of female defendants convicted of murder; and a sociological history of provocation and diminished responsibility.
 

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Contents

PROVOCATION 3 1 30
3
SCOPE OF OUR CURRENT TERMS
9
The impact of the mandatory sentence 2 59
26
Provisional conclusions 3 15
31
Abolition or reformulation of provocation? 3 32
37
Our approach to reform of provocation 3 60
45
161
69
The case form some form of partial defence to murder which
77
excessive use of force in selfdefence 4 27
80
Merger of provocation and diminished responsibility into
107
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