CRIM 230 Chapter Notes -Abet, Grievous Bodily Harm, Partial Defence
25 Jul 2013
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Chapter 10 provocation and intoxication: partial defences. Before having recovered his or her normal control. Can only argue characteristics if the provocation was directly related to such characteristics. Thibert wife wanted to leave him, but he convinced her not to, then deceased takes her in possessive manner" and taunts. Tilbert to shoot him victim"s action immediately before his death was taunting and insulting" an ordinary person face with same situation would have been provoked by actions of deceased as to lose power of self-control. The subjective element: act in the heat of the moment (s232(2)) The accused must have acted upon the alleged provocation on the sudden and before there was time for his passion to cool . Subjective approach the accused was actually deprived of power of self-control by the provocation. Salamon1959 - not available to those accused who causes the provocation.
