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Provocation

Provocation. Provocation. Key Points: Only a defence to Murder Only reduces liability to Manslaughter Common Law Rules modified but not replaced by Homicide Act. Section 3. Neatly copy out Section 3 of the Homicide Act 1957.

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Provocation

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  1. Provocation

  2. Provocation Key Points: • Only a defence to Murder • Only reduces liability to Manslaughter • Common Law Rules modified but not replaced by Homicide Act

  3. Section 3 • Neatly copy out Section 3 of the Homicide Act 1957. • Use a different colour pen and leave a line between each sentence.

  4. 2 stage test 1. Did the D lose control? This is a subjective question. If D keeps cool then defence not available and no need to consider the next question. 2. Would a reasonable man have lost control? This is an objective question.

  5. What can be classed as provocation? • Does not need to be something illegal or wrongful. Simply has to be something said or done. • List ranges of behaviour along with Case citations.

  6. Loss of Self Control • According to Duffy (1949) there must be a “sudden or temporary loss of self control” • Advise your client on what happens if there is a big time lapse between the provocation and the killing?

  7. Slow Burn • Held in Domestic Violence cases that the sudden and temporary loss of self control test is inappropriate. • Where a woman has suffered years of violence or abuse; finally kills her husband- she may not be reacting to one incident but instead many incidents over a number of years. • Thornton No 2 1996

  8. But what is a reasonable man? • Before 1957, under common law; a reasonable man was an adult who was normal both mentally and physically. • Bedder (1954)

  9. Camplin (HL 1978) • In Camplin it was held by HL that age and sex as well as other D’s characteristic should be taken into account. • The reasonable man would now be considered to be the same sex and age but also have in common with the D certain elements which might give greater chances to provoke.

  10. The reasonable man test is now divided into 2: • For the standard of self control required of D; the test is objective. D is judged by the standard expected of a reasonable person of the age and sex of D. Would a reasonable person of the same age and sex have lost control? • For the gravity of the provocation; the characteristics of the D are taken into account.

  11. What sort of things could affect the gravity of provocation?

  12. Proof • If your client wishes to rely on provocation; there must be evidence of provocation. • The onus is on the prosecution to prove that the D was not provoked.

  13. What are the problems with provocation and how could it be reformed?

  14. Next Week: Test on Provocation

  15. Test on Provocation 1. What happens to a D if defence showing Provocation proves successful? 2 2. Explain the 2 stage test for provocation. 4 3. What sort of acts can be classed as Provocation? 2 4. What precedent is established by Duffy (1949) relating to loss of control? 2 5. What is the general rule relating to time lapse between provocation and killing. 2 6. Describe what slow burn is and in which case is it illustrated? 3 7. What sort of precedent was set by Camplin on what a reasonable man is? 5 8. What evidence is needed for provocation?2

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