CRIM 230 Lecture 10: Chapter 10- Crim 230- Provocation and Intoxication
22 Nov 2016
School
Department
Course
Professor
Document Summary
Defences of provocation and intoxication differ from other defences: they are only partial defences. Therefore, no absolute acquittal but may reduce the severity of the criminal charge. Developed in relation to three foreseen situations: chance medley: the situation where two men suddenly engage in a violent confrontation, a man discovers his wife in an adulterous situation. However, did not apply to girlfriends, only to those who had a legal right: a man discovering a man committing sodomy on/with his son. The general nature of the defence and section 232. Provocation is the only defence which is exclusive to homicide. It may only be raised in relation to a charge of murder. If it is successful, its ensures that the accused is convicted on manslaughter rather than murder. Provocation: represents an attempt by the criminal law to show a little mercy to individuals who lose their power of self-control in the face of highly stressful circumstances.
