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Development Of Defense Of Provocation

Part one of term paper
Question: Critically evaluate the development of common law principles applicable to the defence of provocation in criminal law from the decision in Mancini v DPP [1942] AC 1 to Mascantonio v R (1995) 183 CLR 58. Assess the degree to which the common law has proved inflexible in responding changing societal needs and expectations. Are there ...

Part two of term paper
... For provocation to be an ample defence to murder it needed to be something which incited immediate anger, or "passion" and which overcame a person's self control to such an extent so as to overpower or swamp his reason. What this something can be has been the subject of many views through the centuries, and these views have strongly depended upon the type of person whom the law has regarded as deserving extenuated consideration when provoked to kill. In the words of Viscount Simon "the law has to r ...

Word count: 2217 | Approximate pages: 9

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