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Development Of Defense Of Provocation
Part I 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 proved inflexi .... Part II of Essay
.... 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. ....
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Words: 2217 - Pages: 9
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