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Criminal law – Defence. Two appeals were heard together, as they raised the issue as to whether the partial defence of loss of control, under ss 54 and 55 of the Coroners and Justice Act 2009, should have been left to the jury. The Court of Appeal, Criminal Division, in dismissing the appeals, held that the judge had been right not to leave the defence to the jury with respect to the first defendant. As to the second defendant, there was no reason to disagree with the judge's analytical assessment that there had been insufficient evidence that the killing had resulted from any loss of self-control.
Criminal law – Defence. Two appeals were heard together, as they raised the issue as to whether the partial defence of loss of control, under ss 54 and 55 of the Coroners and Justice Act 2009, should have been left to the jury. The Court of Appeal, Criminal Division, in dismissing the appeals, held that the judge had been right not to leave the defence to the jury with respect to the first defendant. As to the second defendant, there was no reason to disagree with the judge's analytical assessment that there had been insufficient evidence that the killing had resulted from any loss of self-control.
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