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Proceeding contribution from Lord Thomas of Gresford (Liberal Democrat) in the House of Lords on Wednesday, 11 November 2009. It occurred during Debate on bill on Coroners and Justice Bill.


Coroners and Justice Bill

May I get to the amendment, in which we try to make at least some sense? It ties the issue of sexual infidelity to a specific part of the trigger provisions; namely, that the circumstances should be of an extremely grave character. It concentrates not on the thought processes of the jury, but on the actions, intentions or reasons for action of the defendant. The jury can decide whether the defendant was acting principally out of a desire to punish his or her partner by reason of what he perceived to be sexual infidelity. The focus of the amendment is on the defendant’s state of mind—his mens rea—which is familiar territory for the jury. If the issue is raised, the jury, using its broad experience and knowledge of the world, can and should determine it. I beg to move.


Secondary information

Type
Proceeding contribution
Reference
714 c841 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Data protection Detainees Death Coroners Inquiries Electronic surveillance Homosexuality Evidence Incitement Homicide Discrimination Freedom of expression Terrorism Sexuality Homophobia
Legislation
Coroners and Justice Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk