LOC eval - Advantages and disadvantages table in A Level and IB Law

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Created by: kxslxy
Created on: 25-05-19 12:33

LOC eval

Advantages

Allows circumstances to be considered eg Hill sexual abuse
Wider than provocation and far of serious violence can be considered
sexual infedelity is not allowed, protects women so reflects public attitudes and interests.
no longer has to be sudden and temporary so limited its use. Battered womens syndrome. Ahluwalia

Disadvantages

Has been proposed that self control criteria is removed to further help abused women but govt has rejected this
sexual infidelity reduces the amount of people allowed to use the defence
high threshold for fear of violence which narrows the availability compared to provocation
sexual infidelity must be disregarded however it can be considered uf there are other circumstances such as child abuse,
jury cannot consider matters such as hot temper

Evaluation

REFORM- replaced provocation in 2009 so resolved many issues. originally common law so had no complete definition. This created problems. Reasonable man used ti mean adult but Camplin changed that and now sex and age are considered.

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