Tài liệu Briefcase on Criminal Law Second Edition doc

[...]... whether provocation actually occurred, D’s response cannot be disproportionate to the provocation Whether ‘the retaliation of the accused must be proportionate to the provocative acts’ was to be considered in the context of ‘the reaction to be expected of the ordinary person’ (per Sir Leggatt) Q Are not most homicides ipso facto disproportionate to the provocation? 2.2 Diminished responsibility 2.2.1... has endured abuse over a period, on the ‘last straw’ basis Secondly, depending on the medical evidence, the syndrome may have affected the defendant’s personality so as to constitute a significant characteristic relevant to the second question the jury has to consider in regard to provocation Ahluwalia (1993) CA D, subjected to 10 years of spousal violence and degradation, threw petrol in her husband’s... reasonableness of D’s actions under the second part of the provocation test [see 2.1.2, below] Note The Court of Appeal admitted evidence at the appeal level, quashing the murder condition on the basis of D’s depressive condition At retrial, her plea of manslaughter by defence of diminished responsibility (see 2.2, below) was accepted 2.1.2 Provocation of such gravity as to make a reasonable man commit homicide... determining the reasonableness of D’s actions 9 BRIEFCASE on Criminal Law Per Talbot J: ‘ a jury should be instructed to consider the relationship of the accused’s acts to the provocation when asking themselves the question “Was it enough to make a reasonable man do as he did?”.’ Camplin (1978) HL D, aged 15, claimed to have been subjected to anal intercourse by V, without D’s consent, after which... decision is one for the jury, to be reached on consideration of all the evidence Note See the affirmation and modification of this model direction in Woollin (1998), below Woollin (1998) HL D lost his temper and threw his son aged three months on to a hard surface, resulting in his fractured skull and death Held D was not guilty of murder Per Lord Steyn: a foresight of ‘substantial risk’ will not constitute... The reasonable person is, per Lord Goff: 11 BRIEFCASE on Criminal Law a hypothetical person having the power of self-control to be expected of an ordinary person of the age and sex of the defendant, but, in other respects, having such of the defendant’s characteristics as they think would effect the gravity of the provocation to him [A jury] must take into account the entire actual situation (and,... Disaffection Act 1934 93 Immigration Act 1971 93 Infant Life (Preservation) Act 1929 2 xxi BRIEFCASE on Criminal Law Larceny Act 1916 64 Offences Against the Person Act 1861 2, 35 s 18 31–35, 103, 106 s 20 31, 33–37, 103, 104, 108, 124 s 23 167 s 47 27, 30, 31, 35, 108, 171 Protection from Harassment Act 1997 s 4 27 Public Order Act 1986 96 Race Relations... Intention 1.1 Actus reus of homicide Note The actus reus of homicide has been described as ‘unlawfully killing a reasonable person who is in being and under the King’s Peace, the death following within a year and a day’ (Coke, 3 Inst 47) All persons are under ‘the King’s Peace’, the exceptions arising only during times of war 1.1.1 Unlawfully causing death See Chapters 8, 9 and 12, below, on lawful... the law of homicide However, an intentionally procured miscarriage that contravenes the Abortion Act 1967 may incur felonious criminal liability under the Offences Against the Person Act 1861 Terminating a foetus that is capable of being born alive may also incur liability under the Infant Life (Preservation) Act 1929 1.1.3 Death following within a year and a day Dyson (1908) CCA D inflicted injuries on. .. consequences, as an element bearing on the issue of intention in murder, or indeed any other crime of specific intent, belongs, not to the substantive law, but to the law of evidence In the rare cases in which it is necessary for the judge to direct a jury by reference to foresight of consequences, I do not believe it is necessary for the judge to do more than invite the jury to consider two questions . alt="" Briefcase on Criminal Law Second Edition Cavendish Publishing Limited C P London • Sydney Titles in the series: Commercial Law Company Law Constitutional. Law Constitutional and Administrative Law Contract Law Criminal Law Employment Law Equity and Trusts European Community Law Evidence Family Law Land Law Tort Law Briefcase