urgent law+society questions (1 Viewer)

[swisstruffles]

is provocaton only used for a charge of defence (to be reduced to manslaughter) or can it be for anything?
also, this 2001 CSSA Trial asks for problems in dealing with the legal system- but i can't find this part anywhere in the syllabus. Are they just asking for general things?

Thanks

 

[FLR-IT]

Originally posted by swisstruffles
is provocaton only used for a charge of defence (to be reduced to manslaughter) or can it be for anything?

thats wat it puts in the syllabus and also in 2 text books i've been through

so i guess yes

 

[MiuMiu]

nope provocation is a partial defence that can be used for any crime (whether or not it will be accepted is another story)

 

[MiuMiu]

btw this isn't a law + society question its a crime one

 

[young_gurl]

hehehe yeah lols!...thats what i was thinking

 

[krissy7685]

sorry i hafta argue otherwise.


provocation is only available to the charge of murder... to reduce it to manslaughter.... it is a partial defence...
it is NOT complete defence.. and it cannot be used for anything other than murder

this is stated in both excel and heinmann

 

[Golani]

krissy gets all the points

only for murder and reduces to voluntary manslaughter

 

[krissy7685]

thanks golani...

 

[Golani]

nw krissy

 

[MiuMiu]

it might say that in the textbook but you can plead provocation for any violent crime, it won't let you off though, but it will be taken into account as a mitigating factor.

 

[Golani]

it won't have any affect on the offence/sentence though, that's all that matters...

 

[MiuMiu]

actually it will in reality have an affect on sentencing, its a mitigating factor, something which is taken into account by the judge when sentencing. The charge will not be changed/downgraded, but the judge may consider provocation and give a lesser sentence

 

[Golani]

come to think of it it may play a role as part of the circumstances of the offence...hmm i dunno may be :S

 

[MiuMiu]

yep thats what Im saying

 

[connie]

haha ms 12 is 100% right, it is a defence to any crime requiring mens rea to be proved, so it can't be like used as a defence to a traffic offence,

people you have to remember not to rely soley on your textbook they were only written by legal teachers after all......

 

[Karlee]

Teachers.... bah!