CRIM 230 Lecture Notes - Lecture 10: Indictable Offence
Document Summary
Crim 230 - lecture 10 - provocation & intoxication: partial defences to criminal charge. Unit analyzes 2 defences that are partial in sense they do not lead to acquittal but rather to conviction on less serious charge. Provocation may reduce charge of murder to one of manslaughter. Intoxication may reduce charge of specific intent offence to one of basic intent offence. 10 deals w/ partial defences of provocation & intoxication. Referred to as partial defences b/c operate to reduce severity of charge rather than leading to absolute acquittal. One limited exception arising in relation to defence of intoxication. Provided for in s. 232 of cc. Only available to person charged w/ murder & if successful, would result in charge being reduced from murder to manslaughter. Wrongful act/insult that would have caused ordinary person to be deprived of his/her self-control. Which in fact caused accused to act in anger.