Criminal Law Moot Point Watch

Adverse
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#1
Report Thread starter 7 years ago
#1
Hey everyone,

I have a moot coming up and was hoping for some input from people. I am the respondent, i.e, against the point, and it is all to do with the exclusion of sexual infidelity in the coroners and justice act. The point is:

notwithstanding s. 55(6)(c) of the Coroners and Justice Act 2009, sexual infidelity should be considered by the jury where it forms a relevant part of the history to the case rather than being the cause of the loss of self-control.

What sort of cases are we looking to bring up here, what points do people think we should address?

Thanks for any help,

Adverse
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Jingers
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Report 7 years ago
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I know it's Criminal Law, but, imo, I'd look at the Public/Constitutional Law case(s) where it was all about whether or not they could bring up previous sexual history of the appellant and the relevant legislation for it.

I'd also look at a few journals for the history of provocation which allowed for 'heat of the moment' killings, and any cases that involved sexual infidelity during the period of provocation and try and say why they can't apply now.

Sorry for the ****ness of my answer, I only just woke up
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Adverse
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#3
Report Thread starter 7 years ago
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Hey, thanks for the quick reply.

I am unfamiliar with constitutional law, but will probably look into it for some insight, thanks.

However I don't understand how previous sexual history and actual sexual infidelity are the same thing in these circumstances. If you have studied these areas, is there any cases that spring to mind that you think best show the relevance?

-Adverse
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bkh
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#4
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I'm also doing this moot point, how are you finding it?
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