R v Clinton

Additional names

R v Parker
R v Evans

Subject Matter

CRIME — Homicide — Loss of self-control — Partial defence to murder — Whether defence capable of being made out where one of its components absent — Qualifying triggers — Whether objective evaluation required — Sexual infidelity expressly excluded from consideration as qualifying trigger — Whether evidence of sexual infidelity admissible as part of context for evaluating qualifying triggers — Circumstances in which defence to be withdrawn from jury — Coroners and Justice Act 2009, ss 54, 55

[2011] EWCA Crim 2; [2013] QB 1; [2012] 3 WLR 515; [2012] 2 All ER 947; [2012] 1 Cr App R 362; [2012] WLR (D) 2; [2012] Crim LR 539; The Times, 30 January 2012, CA

Commentary

Blackstones Criminal Practice 2025
Loss of Control - The Elements of the Defence - Killing Resulting from Loss of Self-control B1.35

Loss of Control - The Elements of the Defence - Qualifying Triggers B1.37

Loss of Control - The Elements of the Defence - Significance of the Concept of Tolerance B1.39

Out-of-court Silence under the 1994 Act - Facts which Should Have Been Mentioned F20.17

Summing-up - Defences D18.33

Burden of Proof - Incidence of the Evidential Burden: General Rule - Loss of Self-control F3.40

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