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Development Of Defense Of Provocation
Beginning of essay
Question: Critically evaluate the development of common law principles
applicable to the defence of 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 changin ....
Middle of essay
....provocation
has responded to changing societal needs and values. It also provides a useful
case study in which the development of common law doctrine can be observed. It
is useful to conduct a case-by-case analysis of the rule of provocation as a
defence to murder in order to more effectively observe the legal evolution that
has taken place.
In the case of Mancini v DPP [1942] AC 1 the appellant had been
convicted for murder after stabbing a man to death in a club. The appellant's
counsel conte.... |
| Number of words: 2217 |
Approximate pages: 9 |
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