Provocation and Intoxication Defences Essay Example | Topics and Well Written Essays - 2000 words - 11

Provocation and Intoxication Defences - Essay Example In both cases the defence of intoxication and provocation will are only partial defences with the result that if they are successfully raised as defences to murder, that charge will be reduced to manslaughter. Each of these defences and Smith’s ability to use them are discussed below. Provocation has developed as a partial defence to murder and if successfully argued will reduce murder to manslaughter. Under the law as it stands, Smith will have to show that his victim John conducted himself is such a way as to cause Smith to lose his self-control or to act in â€Å"the heat of passion† so that the killing was not pre-meditated nor was it carried out â€Å"in cold blood†.4 Sections 54 and 55 of the Coroners and Justice Act 2009 replaces Section 3 of the Homicide Act 1957 as well as the common law relative to the defense of provocation.5 Section 54 defines â€Å"loss of control† which is now the new test for substantiating a partial defence of provocation.6 By virtue of Section 54 an individual will not be guilty of murder if his/her act or omission was a result of the defendant losing self-control.7 However, the â€Å"loss of self-control† must have a â€Å"qualifying trigger†.8 Section 54(1)(c) directs that the test to be applied in determining the loss of self-control is an objective one in that: Section 54(1)(c) follows the ruling in R v James and Karimi [2006] where the court ruled that in assessing whether the defendant alleges to have suffered a loss of self-control, the jury is entitled to take into account factors other than the defendant’s age and gender.10 In applying the test delineated above to the facts of the case for discussion, Smith is a male with sufficient maturity to work as a traveling salesman. However, he has been away from home for at least three weeks and must have been eager to reunite with his young wife Mary.