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Development Of Defense Of Provocation

Beginning of Essay
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 prov ....

Middle of Essay
.... person whom the law has regarded as deserving extenuated consideration when provoked to kill. In the words of Viscount Simon "the law has to reconcile respect for the sanctity of human life with recognition of the effect of provocation on human frailty. " In this regard the difficult concept of the "reasonable man" or the "ordinary man" has developed and with it the legal doctrine that provocation must be such as would not only cause the person accused to behave as he did but as would cause an ordinary man to so lose control of himself as to act in the same sort of way. It is therefore interesting to examine how the doctrine of common law in relatio ....

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Words: 2217 - Pages: 9

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