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Provocation (Irish case law (People v MacEoin drank 15 pints, goes to…
Provocation
Irish case law
People v MacEoin drank 15 pints, goes to place where deceased living, told to leave, he sees deceased pick up a hammer, struggle, he gets the hammer and lands blows to the head - SC subjective test (proportionality but also reasonable person)
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People v bambrick accused drinking in field, abused as a child, homosexual advance, took a stake from the ground and beat the guy - murder conviction overturned
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acts of provocation
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Arden - accused girlfriend tells him another man raped her, didn't witness it - provocation not available (received information through 3rd party)
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subjective test
DPP v Camplin boy (age 15), killed man, test - what would a 15 year old do in that situation (would they suddenly lose complete control)
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old test
Bedder v DPP sexually impotent, prostitute jeers, kills her with knife - court - has to be what reasonable person would do
LRC
new defence should be created with objective test, but takes into account characteristics
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