Provocation Flashcards
R v Duffy
Classic Definition Provocation is some acts done by dead man that would cause any reasonable person, and actually causes accused’s loss of self control.
DPP v MacEoin
Provocation creates intention to kill or cause serious injury. Example of very subjective look.
R v Bedder
Objective test is profoundly illogical
English Approach
Subjective/Objective test. Homicide Act 1957 Section 3.
DPP v Davis
MacEoin was extremely subjective
DPP v Curran
A wholly subjective approach could ruin the point of the defence.
DPP v Kieran Lynch
Provocation is a notoriously difficult topic
DPP v McNamara
Any individual must exercise ordinary restraint such that an ordinary person of same stats and general intelligence. Must not be planned or considered. Must be in the face of something said or done. Judged as if they were sober. Not merely an insult. Must be outside bounds of any ordinary interaction. DOesnt apply to romance, male pride, or gang vengeance.
Mixed subjective/ objective test
MR for murder? Suddenly lose self control? Do the actions qualify as sufficient provocation? Would ordinary person act that way?
R v Richens
Killed V who raped girlfriend. D must not be able to restrain themselves.
R v Cocker
Smothered wife who was terminally ill. Must not have reasonable amount of awareness?
DPP v Doyle
Mistaken identity is possible
R v Acott
Need evidence of provocation
R v Doughty
Smothered infant son. Claimed loss of control due to tiredness. Sufficient
R v Duffy
Cant induce desire for revenge
