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Development Of Defense Of Provocation
Part 1 of Paper
....f provocation in criminal law from the decision in
Mancini v DPP [1942] AC 1 to Mascantonio v R (1995) 183 CLR 58. Assess the
degree to which the common law has proved inflexible in responding changing
societal needs and expectations. Are there other legal means of achieving
substantive justice?
At the time of the ca.... Part 2 of Paper
....s regard the
difficult concept of the "reasonable man" or the "ordinary man" has developed
and with it the legal doctrine that provocation must be such as would not only
cause the person accused to behave as he did but as would cause an ordinary man
to so lose control of himself as to act in the same sort of way. It is therefore
interesting to examine how the doctrine of common law in relation to provocation
has responded to changing societal needs and values. It also provides a useful
case stud.... |
| Number of words: 2217 - Approximate pages: 9 |
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