Did the Coroners and Justice Act 2009 Get It Right? Are All Honour Killings Revenge Killings?

Abstract

The Coroners and Justice Act 2009 substantially reshaped the law on provocation in England and Wales. The Act was prompted by the Government and guided by the Law Commission. It is unfortunate that the Commission and Government dismissed the issue of honour killings so quickly, on the basis of unconvincing research evidence. Honour killing cases were ruled out as potential provocation cases and left outside the scope of the defence of loss of control, by assuming that in honour killing cases the defendant must have acted in a considered desire for revenge. However, the Act is flawed by the assumption that all honour killing cases are revenge killings. In the light of the author's research, this article will argue that there are honour killing cases the circumstances of which deserve to be left to the jury, as the desire for revenge is not the motive at all and the defendant was able to resist the pressure until the final triggering act.