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Michael Birnbaum QC wins Appeal in landmark case on Loss of Control
Wednesday, 08 February 2012
In late January the Court of Appeal ruled in three cases on the construction of sections 54 – 55 Coroners and Justice Act. The leading case was that of Jon Jacques Clinton, who had been convicted of the murder of his wife. In his defence he claimed that he had lost control after his wife had taunted him over a number of matters including her infidelity with five men, that he did not have the courage to kill himself (as he had threatened to do). The trial judge had refused to leave the defence of loss of control to the jury on the grounds that under the new Act a defendant cannot rely on “sexual infidelity” as a trigger for loss of self control. Michael had not appeared at the trial but was instructed to prepare and present the appeal. The Court of Appeal recognising that the relevant provisions were “formidably difficult” accepted Michael’s argument that a defendant may rely on sexual infidelity provided that it was not the only trigger for his or her loss of control. This important judgment has already generated much controversy including calls for new legislation. To read more: http://www.dailymail.co.uk/news/article-2087868/Men-murder-cheating-partners-CAN-use-loss-control-defence.html
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