Provocation Flashcards
What type of defence is provocation and when will it be relevant in trial?
Partial defences as plea of mitigation
What three requirements were set out in the case of Drury?
Must be a recognised provocation.
Must be an immediate loss of self-control
Must satisfy either the ordinary person or proportionality test.
When do you apply the ordinary person test?
Cases of provocation by infidelity
Which case of provocation by infidelity states that you need not catch them in the act?
Hill v HMA
Which case states that couples need only have a relationship of fidelity? And that confession must be clear and unequivocal (babys not yours)?
McKay
Which cases states that the confession must be accepted by the accused?
Cormack
What time limit did Drury place upon the loss of self-control?
Must follow immediately upon provocation. No interval can elapse.
How is ordinary person test defined?
would an ordinary person having been thus provoked, have been liable to react in as the accused did?
What is the test of proportionality and where does it come from?
Was the response grossly disproportionate to the provocation? Gillon
What separates provocation from self-defence?
Provocation does not arise from self-defence. One provides justification one provides proof.
Which case states that a significant gap will negate the plea of provocation?
Parr v HMA
Which case approves the position that violence is recognised form of provocation?
Cosgrove v HMA
