MLL214 Final: 11 Defences
18 Oct 2018
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Applied prior to 2005 as a partial defence to murder only (reduced offence of murder to voluntary manslaughter where successfully invoked). Provocation was raised in situations where v engaged in some type of provocative conduct towards d and v"s conduct was of a type that might have caused a reasonable person to act as d did in using deadly force. Abolished in vic in 2005 pursuant to s 3b ca. Self defence will extend to protection of oneself and the protection of another person including a stranger. It is both good law and good sense that a man [or a woman] who is attacked may defend himself [or herself]. It is both good law and good sense that he [or she] may do, but may only do, what is reasonably necessary. But everything will depend upon the particular facts and circumstances. Previously, the cl test used a 6 stage test requiring the subjective and objective considerations.
