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Provocation
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- Words:
- 540
- Submitted:
- Thu Nov 05 2009
- Mark submitted by Author:
... Provocation: Exam Question 2002 Provocation is a special defence. This means it is only available to a defendant if they have been charged with Murder, it cannot be used for any other offence, and if it is successful the defendant will be convicted of manslaughter rather than murder. The provocative act can be anything said (R v Newell) or done, and the acts can be directed at or not at the defendant (R v Davies). The relevant case here is R v Davies where the provocative act was not directed at the defendant because the defendant saw his wife (victim) with her "friend" outside the library, merely seeing this was enough provocation for the defendant to shoot his wife. Similarly, Eleanor was convinced that Fiona and Gordon were making a lot of noise in order to disturb her, even though Fiona and Gordon were unaware that Eleanor was angry with them.
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