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"The law of provocation in the last decade has become too favourable to battered women who kill their partners" Discuss.
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Amy Duncan Seminar Tutor: David McClean "The law of provocation in the last decade has become too favourable to battered women who kill their partners." DISCUSS Provocation is defined as "the goading of a person into his losing his self-control".1 Provocation has been recognized as a partial defence to murder, reducing a conviction to manslaughter. It is a common law offence, and is defined in s.3 of the Homicide Act 1957, which states: "Where on a charge of murder, there is evidence on which the jury can find that the person charged was provoked (whether by things done or things said, or by both together), to lose his self-control, the question whether the provocation was enough to make a reasonable man do as he did, shall be left to be determined by the jury..." The defence involves consideration of three elements - firstly, "was the accused provoked thereby losing self-control?", secondly, "would a reasonable man have lost...
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