Defence Of Provocation In Criminal Law
Mat: 21517031
Criminal law 2
Assignment I
THE CASE OF WILLIAM AND THE STATE WITH THE HELP OF STAUTORY LAW AND DECIDED CASES DISTINGUISH BETWEEN PROVOCATION AND THE DEFENCE OF SELF-DEFENCE.
INTRODUCTION:
The defence of provocation is developed in the English courts in the 16th and 17th centuries. At that time, the death penalty was mandatory for persons convicted of murder. Self-defence is a complete defence from murder. If the jury accepts the defence, it could result in an acquittal. Self-defence is the protection of one 's person or property against some injury attempted by another.
WHAT IS PROVOCATION?
Provocation is a partial defence in murder where if successfully invoked will aid the reduction of convict for murder to a lesser crime of
…show more content…
Cooling-off periods are used in highly emotional confrontations in which one or more of the parties has become intensely angry as the result of some real or imagined provocation or threat. They consist of a formal waiting period, often imposed by law or by an external authority (such as a political leader) before disputing parties are allowed to continue to prosecute a conflict. Jury determines what a reasonable length of time is. An accused cannot cool off and then commit an offence under the offence in provocation. In Williams V state case, the accused did cool off although he acted in self-defence. Yet, there were three instances where a factual provocation would not constitute legal provocation as defined in section 192 of the Criminal Code, namely: (a) where the aggressor did a lawful act against the accused, i.e. the former was covered by a plea of …show more content…
State (1989) col. 22 NSCC pt. 111 p. 349 by section 286 of the Criminal Code when a person is unlawfully assaulted and he did not provoke the assault the law expects him to defend himself. He is expected to use such force on his assailant as would be reasonable to make an effective defence. For example if A slaps B and B defends himself by shooting A with a gun, that would be a disproportionate response to an unprovoked assault. The defence must not be intended to cause death or grievous harm. Self-defence can only be considered if there was an unlawful assault that was not provoked by the accused person. When on the evidence led the court is satisfied that at the time the accused person killed the deceased there was reasonable apprehension of death or grievous harm and by defending himself death of the deceased resulted, his defence of self-defence would succeed and he would be entitled to an acquittal. The onus is on the prosecution to satisfy the court that the defence of sell defence is not available to the accused
How Did Taukitoku Use The Affirmative Defense Of Self-Defense
593 Words | 3 PagesIn response to the injured party, a defendant can file affirmative defenses to mitigate, or to some extent, rationalize their actions. In the Taukitoku case specifically, Taukitoku used the affirmative defense of self-defense as a rationale for the shooting. Likewise, Taukitoku may have had impaired judgment after Jacob Snyder hit him with a shovel. Self-Defense In the chain of events, Taukitoku had pulled out his gun and pointed it at multiple individuals, including the owner of the home, Jacob Snyder.
The Case Of Rebekah Ponder And Elshaday Yilma
1480 Words | 6 PagesAccording to law from State of Berea College, self-defense occur with a following situation for Ponder and Yilma: (1) When the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person (2) Deadly force is justifiable to protect himself against serious injury, rape, kidnap or death. Based on characteristic of Walter White, a victim, we can assume that he is not a typical good man, and two girls have to be prepare for dangerous
The Pros And Cons Of The Police And Criminal Evidence Act
161 Words | 1 PagesThe Police and Criminal Evidence Act 1984 is a important act for the private investigator to be aware of, it can have significant advantages and disadvantages to how your investigations/assignments turn out. The PACE covers all areas such as powers of stop and search, powers to search premises, arrest, questioning, identification of suspects, tape recording etc. The Act also provides a clear statement of the rights of the individual and the powers of the police towards that individual in differing circumstances. This will be vital to our work as a private investigator to know where we stand in many areas, should we have any dealings with the police in our work, we will have the advantage of knowing if the police officers are within their rights
Determinate Sentencing Model: Determinate Sentencing Model
261 Words | 2 PagesTo which would sentence Sam to be incarcerate for 10 years in prison for possession of a firearm even though he did not fire his weapon or threaten anyone with
The Death Penalty: Furman V. Georgia
824 Words | 4 PagesA bifurcated trial system was set up which consists of two phases, for bifurcated means divided. It is decided separately if the person on trial is guilty and what the penalty placed on the individual is (Vile). Each phase is subject can be to appeal too. In the first phase or the guilt phase, both sides submit evidence and argue whether or not the individual is guilty or not. In Gregg’s case, he had signed a waiver admitting to the killings and it was evident that he was guilty(“Gregg v. Georgia (1976)”).
Sammy Yatim Case Analysis
1126 Words | 5 PagesIn today’s modern society, many feel that is okay for a police officer can kill a man armed with a harmful weapon at any cost. On many news channels, there are various amounts of articles and reports about a police officer committing this act. Even though a police officer has the right to take action against an armed man, this could be argued in many circumstances. In the 2013, Sammy Yatim was a young adult with a mental illness and was armed with a weapon on a streetcar in Toronto. Yatim was confronted by Const.
Essay On Knock And Announce Rule
1170 Words | 5 PagesUnit 4 DB 1 Knock-and-announce rule Introduction Officers today have a hard enough job, so in order for them to comply with certain rules they need to make sure that any type of warrant that are being served is correct. They also need to make sure they do not just enter any type of building without any form of announcement. This paper will discuss the knock-and-announce rule, the exceptions to the rule, and provide the response of how they interpret and apply the knock-and-announce rule. Explanation of the knock-and-announce rule Within the creation of the common law, the knock-and-announce rule was born.
Arguments For The Boston Massacre
102 Words | 1 PagesThe Boston Massacre was self-defense because according to history from books on March 5,1770 groups of colonist decided to riot and surround the British soldiers, Throwing things at the soldiers and taunting them to fire. My first argument is Crispus Attucks took a cordwood stick and swung it at one of the soldiers who protected him from the blow. Attucks was yelling" Kill the dogs"! " Knock them over!" This is self-defense because Crispus Attucks struck the soldier first, and once the soldier was hit he could act back upon the hit and could do anything to protect himself from a contact
Summary Of The Robert Xie Case
616 Words | 3 PagesThis case involves Robert Xie charged for the murder of Norman Lin, Lilly Lin, Irene Lin, Henry Lin and Terry Lin, although his wife believed that he was innocent. The reasoning for the murders were so he could have sexual access to his niece. The motive was previously not reported due to legal reasons. He continuously pleaded innocent. The case was under the jurisdiction of Common Law- Criminal.
The Boston Massacre: Self-Defense Or Self Defense?
158 Words | 1 PagesI believe that this event is best classified as self-defense. Self-defense is defined as the defense of one's person or interests, especially through the use of physical force, which is permitted in certain cases as an answer to a charge of violent crime.
Arguments Of Negligence
2253 Words | 10 PagesRescuse cases (Volenti non fit injuria) • The defence of Volenti non fit injuria is inapplicable in the rescue cases • If the plaintiff voluntarily takes a risk to rescue somebody from the danger created by the wrongful act of the defendant • He will have tight to bring an action for damages against the defendant • The Doctrine of assumption of risk does not apply where the plaintiff has under an emergency caused by the defendant’s wrongful misconduct, Consciously and deliberatively, Consciously and deliberatively faced a risk, even death to rescue another from imminent danger of personal injury. Doctrine of res Ipsa Loquiter ( Things speaks for itself ) • It is the Rule of evidence Condition of the for the Application maxim There are three requirements which must be satisfied for the application of the rule of res Ipsa loquitur • Absence of explanation • Improbability of the happening • Management and control of the object in causing accident in the defendant 's hand Essential requisites for the Application of the Doctrine • The which causes the harm must be under control of the
Castle Doctrine Pros And Cons
1500 Words | 6 PagesThe threat could be verbal, as long as it puts the intended victim in an immediate fear or physical harm. However offensive words without an accompanying threat of immediate threat, does not justify the use of force in self-defense. Sometimes self-defense is justified even if the perceived aggressor did not actually mean the perceived victim any harm (“Self-Defense Overview-
Sir Robert Peel Principles In Law Enforcement
1207 Words | 5 PagesThis principle should be used by the general public as well, in case of an incident, to only use self-defense if absolutely necessary. The seventh principle of peel is a really important for everyone to remember. This principal helps people understand that there is not much difference between the public and officers. The principal explains that the police are the public and the public are the police, the only difference is that police are payed and make it their full-time duty for modern police officers and public this is important for people to remember because of big divide between the
Should Concealed Guns Be Allowed To Carry Essay
662 Words | 3 PagesIt is about being able to defend oneself and perhaps others if a situation presents
More about Defence Of Provocation In Criminal Law
How Did Taukitoku Use The Affirmative Defense Of Self-Defense
593 Words | 3 PagesThe Case Of Rebekah Ponder And Elshaday Yilma
1480 Words | 6 PagesThe Pros And Cons Of The Police And Criminal Evidence Act
161 Words | 1 PagesDeterminate Sentencing Model: Determinate Sentencing Model
261 Words | 2 PagesEarl Faison Case
476 Words | 2 PagesThe Death Penalty: Furman V. Georgia
824 Words | 4 PagesSammy Yatim Case Analysis
1126 Words | 5 PagesEssay On Knock And Announce Rule
1170 Words | 5 PagesArguments For The Boston Massacre
102 Words | 1 PagesSummary Of The Robert Xie Case
616 Words | 3 PagesThe Boston Massacre: Self-Defense Or Self Defense?
158 Words | 1 PagesArguments Of Negligence
2253 Words | 10 PagesCastle Doctrine Pros And Cons
1500 Words | 6 PagesSir Robert Peel Principles In Law Enforcement
1207 Words | 5 PagesShould Concealed Guns Be Allowed To Carry Essay
662 Words | 3 Pages