Mercy Killing, Partial Defences and Charge Decisions: 50 Shades of Grey

Clough, Amanda (2020) Mercy Killing, Partial Defences and Charge Decisions: 50 Shades of Grey. The Journal of Criminal Law, 84 (3). pp. 211-227. ISSN 0022-0183

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The revolution of the partial defences to murder by the Coroners and Justice Act 2009 may have had a catastrophic impact on cases of mercy killing.1 While previously shoehorned into the diminished responsibility plea, the medicalisation of this defence may prevent such a ploy. However, a recent case has offered insight into the circumstances which may still result in a manslaughter conviction for mercy killers through a new avenue previously thought impermissible. This article will discuss the case and those similar, alongside charging decisions and just results. Mercy killing remains a grey area in the criminal justice system, but is there light at the end of the tunnel?

Item Type: Article
Uncontrolled Keywords: Murder, voluntary manslaughter, mercy killing, plea bargains, partial defences, loss of control, diminished responsibility
Subjects: M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: John Coen
Date Deposited: 07 Jan 2021 15:39
Last Modified: 31 Jul 2021 14:21

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