Does the Use of the Provocation Defence Provide Justice for Victims, Offenders and Society?

939 Words Aug 5th, 2013 4 Pages
Question 4 - Assess the use of the defence of provocation in achieving justice for victims, offenders and society. (10 marks)

Victim – Manpreet Kaur (husband Chamanjot Singh). Murdered by her husband with her throat but eight times. Her husband claimed that she told him she loved another man and that she would have him deported back to India. He said that this was enough provocation for him to lose self control and that he has no knowledge of the events that followed him picking up a box cutter. The difficulty in assessing his guilt or innocence in this case was that there was no witnesses to the crime or the events preceding the crime and therefore it becomes an issue of whether the jury accepts the account of a single person (as the
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The older man had previously sexually abused the street kid and when he approached him 3 weeks later whilst naked (after bathing) the younger man lost control and bashed the older man to death. The 16 year old boy was given a 3 year GBB with no community outcry. Also cited in the program are cases where abused women have been able to successfully argue provocation and receive GBB. These cases suggest that society is of the view that there are circumstances where an ordinary person may be provoked and in turn form the intent to kill or cause really serious bodily harm.
However, cases such as the Manpreet Kaur case where there has been considerable public outcry over what is deemed to be a very light sentence suggest that society considers such sentences to be unjust and the law of provocation worthy of scrutiny. As a result of this case a parliamentary inquiry has been launched into whether to maintain, amend or abolish the law of provocation. This parliamentary inquiry is ongoing at this time (November 30th, 2012)
Other viewpoints expressed within the program were that in a civilised society we should not condone such loss of self control. The Tasmanian DPP states that perhaps a better way to go is to allow judges the discretion to analyse a case on its merits and sentence accordingly, but that those people should be tried for murder. A NSW Senior Public Defender, Mark Ierace SC states that perhaps we should be involving juries more in the

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