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Words: | Submitted: Mon Jun 19 2006
... that the accused was provoked to lose self-control, the sole fact that self control was lost will not suffice for a successful defence. It appears that section 3 remains open to wider interpretation in the sense that the provocation can come from a third party, a person other than the deceased, which is demonstrated in the case of Davies1. Revealed in the case of Doughty(1986)2, it can be inferred that the law lays down a requirement that the 'provoking' must have come from a human being in order for the accused's act to be considered under this defence, In this case the defendants murder conviction was reduced to manslaughter on the basis, that persistent crying of his seventeen day old son was sufficient provocation from another human being, this seems rather incongruous, as an actions of one human being may be natural and innocent on his behalf and maybe totally ...
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