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provocation - Coggle Diagram
provocation
cummaltive
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R v Ahluwalia arranged marriage, years of abuse, set fire to bedroom - court - has to be sudden loss - retrial on diminished responsibility
R v Thornton abusive relationship, kills husband, knew what she was doing - has to be sudden and total loss of control - judge told jury to look at whole picture
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test
old english approach
R v Duffy some act or series of acts which causes reasonable person sudden and temporary loss of control (no longer master of own mind)
Bedder v DPP sexually impotent, prostitute laughed, he killed her - english court - would reasonable man lose control
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Irish approach
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DPP v MacEoin - both drinking, deceased picks up hammer, a struggle, hammer hits ground, accused picks it up - Irish courts - subjective test but objective elements
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DPP v Bambrick drinking in field, abused as child, homosexual advance, kills person - murder overturned for manslaughter
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DPP v Davies in relationship, she says got her own back, he kicks her nearly to death, then drops her, - should have been left to jury - upheld murder conviction - obiter- subjective element doesn't make sense
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LRC
recommends to retain provocation - objective test but take acount of characteristics bar alcohol, mental disorder and temperment
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raising provocation
DPP v McDonagh had initially argued accident, not able to run provocation now
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