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Provocation is a partial defence as it doesn't allow the accused to avoid criminal culpability altogether, reduces the type of offence a person is guilty of.
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If the first core of provocation is fulfilled, another influential requirement to just is the oblique test, that Sri Frederick Handley Page 3 is, A reasonable man's chemical reaction upon 1 mlj cxciii at cxcvi receiving such provocation.
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When does a defence of provocation not succeed?
The ‘sudden and temporary’ requirement mentioned above does not allow for the defence to succeed if there is a lapse of time between the provocation and killing. In the case of Ahluwalia the court refused to accept a defence of provocation as the lapse in time was indicative of a ‘cooling off period’ that was suggestive of a revenge attack.
Why is the current law of provocation discriminatory?
The current position is considered to be discriminatory in nature because although the partial defence of diminished responsibility will also provide the same outcome of downgrading a murder into a manslaughter but diminished responsibility holds a stigma which provocation does not.
Is the law of provocation applicable to battered women?
This means that women suffering from Battered Woman Syndrome may satisfy the first test in Section 2 Homicide Act 1957, but not the second objective test and so appear to be back in the position they were before Morgan Smith and have to rely on diminished responsibility.
Which is the best definition of gross provocation?
i. gross provocation (meaning words or conduct or a combination of words and conduct which caused the defendant to have a justifiable sense of being seriously wronged); OR. ii. fear of serious violence towards the defendant or another; OR.
Last Update: Oct 2021
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