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When sexual infidelity triggers murder: Examining the impact of homicide law reform on judicial attitudes in sentencing

Horder, Jeremy and Fitz-Gibbon, Kate 2015, When sexual infidelity triggers murder: Examining the impact of homicide law reform on judicial attitudes in sentencing, Cambridge law journal, vol. 74, no. 02, pp. 307-328, doi: 10.1017/S0008197315000318.

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Title When sexual infidelity triggers murder: Examining the impact of homicide law reform on judicial attitudes in sentencing
Author(s) Horder, Jeremy
Fitz-Gibbon, Kate
Journal name Cambridge law journal
Volume number 74
Issue number 02
Start page 307
End page 328
Total pages 22
Publisher Cambridge University Press
Place of publication London, Eng.
Publication date 2015-07
ISSN 0008-1973
1469-2139
Keyword(s) Partial defence of provocation
loss of control
homicide law reform
sentencing
murder
sexual infidelity
Summary In October 2010, the UK Parliament brought into effect law that replaced the partial defence to murder of provocation with a new partial defence of ‘loss of control,’ applicable to England, Wales and Northern Ireland. Although it retained some key features of its controversial predecessor, the new partial defence was in part designed better to address the gendered contexts within which a large number of homicides are committed. In examining the impact of the reforms, we will focus on long-held concerns about the treatment of sexual infidelity as a trigger for loss of control in murder cases. The article undertakes an analysis of English case law to evaluate the way in which sexual infidelity-related evidence has influenced perceptions of a homicide defendant’s culpability, for the purposes of sentencing, both before and after the implementation of reform. The analysis reveals that, in sentencing offenders post reform, the higher courts have failed to follow the spirit of the reforms respecting the substantive law by effecting a corresponding change in sentencing practice.
Language eng
DOI 10.1017/S0008197315000318
Field of Research 160203 Courts and Sentencing
Socio Economic Objective 940403 Criminal Justice
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2015, Cambridge University Press
Persistent URL http://hdl.handle.net/10536/DRO/DU:30074351

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