Honour Killings, Partial Defences and the Exclusionary Conduct Model

DOI10.1177/0022018316646636
Date01 June 2016
Published date01 June 2016
Subject MatterArticles
Article
Honour Killings, Partial
Defences and the
Exclusionary Conduct Model
Amanda Clough
Liverpool John Moores University, UK
Abstract
The partial defence of loss of control, as set out in s. 54 and s. 55 Coroners and Justice Act
2009 makes clear that those fearing violence will be partially exculpated from the harsh
mandatory life sentence a murder conviction mandates, while a killing out of sexually jealousy
will not. What is less clear is which other circumstances, and emotions, will be included under
the umbrella of the two qualifying triggers to the partial defence. This article considers if
honour killings in particular will be able to achieve a successful loss of control plea, and a missed
opportunity to have such cases excluded expressly by the wording of the Coroners and Justice
Act 2009.
Keywords
Murder, manslaughter, honour killing, loss of control, Coroners and Justice Act 2009
Introduction
The long-awaited update to partial defences to murder was finally realised in the Coroners and Justice
Act 2009, which abolishes the partial defence of provocation,
1
and replaces it with a new partial defence
of loss of control with two qualifying triggers. These triggers acknowledge not only the overwhelming
aspects of the emotion of anger, but also include fear. The message of ss 54 and 55 of the Coroners and
Justice Act 2009 is simple. Men who lash out in a jealous rage over claims or evidence of sexual
infidelity no longer have a defence, whilst the unique circumstances of battered women who kill their
abuser are recognised and included. What is less clear under the terms of the new partial defence is which
other emotions, such as those driving an honour killing, might be recognised as deserving or undeserving
of a defence to murder when acted upon.
Corresponding author:
Amanda Clough, Lecturer at Liverpool John Moores University, Liverpool, UK.
E-mail: A.Clough@ljmu.ac.uk
The Journal of Criminal Law
2016, Vol. 80(3) 177–187
ªThe Author(s) 2016
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DOI: 10.1177/0022018316646636
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