JUST*1010 Chapter Notes - Chapter 10: Partial Defence, Mens Rea, Objective Test
Document Summary
Provation and intoxication differ from other defences; only partial defenses: reduce severity of criminal charge but not absolute acquittal, provocation = 1st = manslaughter. Available defense despite the fact that they inteded to kill their victim. Oickle: new trial because trial judge not made clear to the jury that provocation makes murder into mansalughter. ** whether a particular wrong ful acto r insult amounted to provocation. Whether the accused was deprieve of the power of self contorl; Not only that the accused lost self control; because of overwhelming anger, Anger cannot stand alone for the defense of provocation. Extreme anger not defence or does not deprieve someone of mens rea. Provocation mustb e sufficient to deprieve an ordinary person of the power of self control. But objective test must be modified to take in account of persons particular background and characteristics. Rule of acting in the heat of the moment.
