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Words: | Submitted: Mon Jun 19 2006
... provoked as to lose self-control and that the provocation must have been sufficient enough to make a reasonable person, in the same situation, do as she did1. To plead this defence, Sunita must prove that she had been so angry that she "lost all self-control", and was therefore unable to restrain herself2. Because the loss of self-control must be "sudden and temporary"3, it excludes women like Sunita who do not get provoked in such a "sudden" manner. Sunita has been married to Leroy for 5-years and has been subjected to his abuse on a regular basis. It could be argued that Sunita has suffered a "slow-burned" anger, where her anger and despair had built into such a state that finally it lead to the killing of Leroy. Ahluwalia4 used the defence of provocation, but it was denied (she later plead diminished responsibility), the courts held that provocation could be available in such ...
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