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Development Of Defense Of Provocation
Question: Critically evaluate the development of common law principles
applicable to the defence of provocation in criminal law from the decision in
Mancini v DPP [1942] AC 1 to Mascantonio v R (1995) 183 CLR 58. Assess the
degree to which the common law has proved inflexible in responding changing
societal needs and expectations. Are there other legal means of achieving
substantive justice?
At the time of the case of Mancini the concept of provocation as a
defence to murder was already a well established one dating back centuries. It
originated from the days when men bore arms and engaged in quarrels of violence
that ofte ....
Word count: 2217 - Page count: 9
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