Provocation Manslaughter

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Rhian Nicole Mason
Voluntary manslaughter requires the same degree of intention as murder, this is not the case for
involuntary manslaughter.
"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?
Subjective Test
The loss of selfcontrol has to be sudden and temporary but has not always been the case, such as
these cases:
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
Objective Test
This is:
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.

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