again another template that can be used to answer a murder scenario, i got full marks on this unit

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  • Created by: mobee
  • Created on: 02-05-11 16:33
Preview of provocation

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Provocation template
.............. May plea the partial defence of provocation, which is only available for the offence
of murder and if successful it will result in a conviction of manslaughter. The definition of
provocation was first laid in Regina V Duffy and incorporated into section 3 of the Homicide
Act 1957. It consists of a 3 part test, with 2 subjective elements and one objective element.
Firstly, was there evidence that ...........was provoked by things said or done?
Camplin: taunting can amount to provocation
Doughty: an innocent act will suffice for provocation
Pearson: third party provocation will suffice
Humphreys: accumulative provocation (string of events)
Baillie: supplication of drugs to another and threats made to another
Morgan Smith: denial of theft of another's property
Application: was this test satisfied?
Secondly, the next subjective element have had a sudden and temporary loss
of self-control. It does not require have been totally unaware of his conduct, just to
have lost total self-restraint (Richens).
Ahluwalia: a time lapse will negate the defence
Humphreys: slow burn effect accumulative provocation
Baillie: it was held that sudden does not mean immediate, just a continued reaction.
Application: was this test satisfied?
Lastly, the objective test requires the defendant to have reacted the same way as the reasonable
man under the same circumstances; with normal powers of self-control.
Morhall: any characteristic that affect the gravity of provocation
Holley: only sex and age of defendant can be taken into account
Application: this is a question; a decision for the jury to make.
To conclude, taking these factors into account in this case likely/unlikely to succeed in the
defence of provocation (give reasons). However, this defence has been completely abolished by
the Criminal Justice Act 2009 with two new defences;
1) killing in response to a fear of serious violence (only to apply in exceptional
2) Killing in response to words or conduct, which cause the defendant to have a justified
sense of being seriously wronged.


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