Your Status: Logged out Log in

Relating your answer to unlawful homicide, discuss the major weaknesses in the current law  

Member rating: No Rating | Words: | Submitted: Thu Jan 13 2005

Page Preview
Preview
Previous 1 of 2 Next

On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:

I am going to evaluate the Partial Defences to Murder, particularly Provocation found in Section 3 of the Homicide Act 1957. This section of the HA '57 Act states that provocation can be '...by things done or said or both...' This is a very broad definition and is possibly too broad e.g. in R v Doughty the persistent crying of a baby. It can be argued that this definition is too broad, as it gives the courts too much discretion in allowing the partial defence. Society has the right to impose certain standards of behaviour on its citizens and such standards should be enforceable. Secondly this in effect places the V's behaviour on trial, this cannot happen in the English Legal System and obviously as they are dead they cannot defend themselves. Finally perfectly natural and reasonable behaviour can in effect be used to partly justify a killing...

To see the full version of this document, and 143,615 others

Register Now