First 247 words of the document:
Rhian Nicole Mason
Voluntary manslaughter requires the same degree of intention as murder, this is not the case for
"The outcome of the situation where a defendant who would otherwise be guilty of murder is able
to plead one of the two defences defined in the Homicide Act 1957."
The Homicide Act 1957 Section 3 states that provocation is "things said or done or both" to induce
a reaction, provocation does not need to be deliberate.
A 2 part test is applied to the jury:
1. Subjective Test Was the defendant provoked to lose his selfcontrol?
2. Objective Test Would a reasonable man have lost his selfcontrol in the circumstances?
The loss of selfcontrol has to be sudden and temporary but has not always been the case, such as
A physical attack on the defendant
Pearson (1992) Assault on a person close to the defendant
Doughty (1986) The crying of a small baby
Camplin (1978) Mockery following sexual abuse
Ballie (1995) The supply of drugs to defendants recovering addict son
Smith (2000) The denial of theft from another property
Whether a reasonable man with similar characteristics would be similarly provoked and
reacts as the accused did
Whether a reasonable man would lose selfcontrol in those circumstances
Typical characteristics are: Age, Sex, Race, Ethnic Origin, Physical Deformity or Disability.