30 July, 2008


Whe non-lawyers write about law, I often have the same feeling I do when I see 'historical' fiction, however, much of te commentary on the suggestion that the law on partial defences to murder should be changed is not only inaccurate, but often wilfully and maliciously so.

This article
is one of the best, and most balanced I've seen on the subject.

But what is the difference between the wife who kills her husband after a long campaign of domestic abuse, and the husband who kills his wife having caught her in flagrante? Simple really, in my mind. Domestic abuse is illegal. Sex between two consenting adults, whilst morally wrong, is perfectly legal.

I do like the debate about removing minimum sentances though. Really, the guidelines should be enough and the judges should be considered learned enough to go outside them when it is just to do so. If a judge makes a truly crazy decision (of 'short skirt/rape magnatude') then the sentence can be appeal for undue leniency/severity.

More later, I'm very ill.

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