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	<title>Comments on: Change to UK law on provocation</title>
	<atom:link href="http://skepticlawyer.com.au/2008/07/change-to-uk-law-on-provocation/feed/" rel="self" type="application/rss+xml" />
	<link>http://skepticlawyer.com.au/2008/07/change-to-uk-law-on-provocation/</link>
	<description>Two lawyers on law, legislation and liberty. And other stuff.</description>
	<pubDate>Fri, 21 Nov 2008 03:50:08 +0000</pubDate>
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		<title>By: Legal Eagle</title>
		<link>http://skepticlawyer.com.au/2008/07/change-to-uk-law-on-provocation/#comment-13542</link>
		<dc:creator>Legal Eagle</dc:creator>
		<pubDate>Fri, 01 Aug 2008 09:35:24 +0000</pubDate>
		<guid isPermaLink="false">http://skepticlawyer.com.au/?p=810#comment-13542</guid>
		<description>I'm not a fan of the mandatory life sentence - I'd prefer that there be some discretion rather than distorting legal doctrine.

I also hate that subjective judgment aspect of provocation - like the Victorian case of &lt;i&gt;R v Dincer&lt;/i&gt;, in which it was "OK" for a Turkish man to lose control and kill his daughter for entering into a relationship of which he did not approve because that was something which would be considered provocative in the Turkish community.</description>
		<content:encoded><![CDATA[<p>I&#8217;m not a fan of the mandatory life sentence - I&#8217;d prefer that there be some discretion rather than distorting legal doctrine.</p>
<p>I also hate that subjective judgment aspect of provocation - like the Victorian case of <i>R v Dincer</i>, in which it was &#8220;OK&#8221; for a Turkish man to lose control and kill his daughter for entering into a relationship of which he did not approve because that was something which would be considered provocative in the Turkish community.</p>
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		<title>By: skepticlawyer</title>
		<link>http://skepticlawyer.com.au/2008/07/change-to-uk-law-on-provocation/#comment-13523</link>
		<dc:creator>skepticlawyer</dc:creator>
		<pubDate>Thu, 31 Jul 2008 08:40:36 +0000</pubDate>
		<guid isPermaLink="false">http://skepticlawyer.com.au/?p=810#comment-13523</guid>
		<description>I think - and this could be very out of whack - that the 'seriously wronged' limb constitutes an attempt to preserve part of the old defence of provocation. In Australia, at least, it always had to be based on a fairly subjective understanding - a reasonable person, but one with the same characteristics as the accused.

This meant taking ethnicity, intellectual impairment etc into account when working out whether the accused had actually been 'provoked'. As I understand it (this has been all over the news over here), the courts have been stretching the definitions of both provocation and self defence in order to cover women who kill abusive partners.

They've had to do this because - as someone pointed out in one of LE's links - murder attracts a life sentence, whether a gangland killing or due to a pub punch-up gone wrong.</description>
		<content:encoded><![CDATA[<p>I think - and this could be very out of whack - that the &#8217;seriously wronged&#8217; limb constitutes an attempt to preserve part of the old defence of provocation. In Australia, at least, it always had to be based on a fairly subjective understanding - a reasonable person, but one with the same characteristics as the accused.</p>
<p>This meant taking ethnicity, intellectual impairment etc into account when working out whether the accused had actually been &#8216;provoked&#8217;. As I understand it (this has been all over the news over here), the courts have been stretching the definitions of both provocation and self defence in order to cover women who kill abusive partners.</p>
<p>They&#8217;ve had to do this because - as someone pointed out in one of LE&#8217;s links - murder attracts a life sentence, whether a gangland killing or due to a pub punch-up gone wrong.</p>
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		<title>By: boredacademic</title>
		<link>http://skepticlawyer.com.au/2008/07/change-to-uk-law-on-provocation/#comment-13522</link>
		<dc:creator>boredacademic</dc:creator>
		<pubDate>Thu, 31 Jul 2008 07:29:07 +0000</pubDate>
		<guid isPermaLink="false">http://skepticlawyer.com.au/?p=810#comment-13522</guid>
		<description>"seriously wronged" ??  That would seem to cover my mother-in-law killing most of the directors of various belly up finance companies in New Zealand</description>
		<content:encoded><![CDATA[<p>&#8220;seriously wronged&#8221; ??  That would seem to cover my mother-in-law killing most of the directors of various belly up finance companies in New Zealand</p>
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