Wednesday, August 29, 2012

Provocation

R. v. Krasniqi, 2012 ONCA 561 is a good source for the law on provocation:


(a) Provocation under s. 232 of the Criminal Code

[36]       The defence of provocation in s. 232 of the Criminal Code is a partial defence. More specifically, it operates as an excuse that has the effect of reducing murder to manslaughter when certain requirements are met: R. v. Tran, 2010 SCC 58, [2010] 3 S.C.R. 350, at para. 9; see also R. v. Mayuran, 2012 SCC 31.

[37]       In Tran, Charron J. for the unanimous Supreme Court observed that decisions of that court have variously described the requirements of the defence of provocation in s. 232 as comprising either two, three or four elements: see R. v. Thibert, [1996] 1 S.C.R. 37, at para. 4; R. v. Hill, [1986] 1 S.C.R. 313 at p. 324; andR. v. Parent, 2001 SCC 30, [2001] 1 S.C.R. 761, at para. 10. Charron J. commented, at para. 11, that "[t]hese various formulations do not differ in substance."

[38]       Charron J. expressed the view, at para. 23, that "the requirements of s. 232 are most usefully described as comprising two elements, one objective and the other subjective." She cited with approval the following passage from Cory J.'s majority judgment in Thibert, at para. 4:

First, there must be a wrongful act or insult of such a nature that it is sufficient to deprive an ordinary person of the power of self-control as the objective element. Second, the subjective element requires that the accused act upon that insult on the sudden and before there was time for his passion to cool.

[39]       Charron J. went on to describe the objective and the subjective elements as each being "two-fold". In her words, at paras. 25 and 36:

For the purpose of discussion, the objective element may be viewed as two-fold: (1) there must be a wrongful act or insult; and (2) the wrongful act or insult must be sufficient to deprive an ordinary person of the power of self-control.

                                                …

The subjective element can also be usefully described as two-fold: (1) the accused must have acted in response to the provocation; and (2) on the sudden before there was time for his or her passion to cool.




6 comments:

Anonymous said...

Appreciating the time and effort you put into your site and in depth information you present.
It's great to come across a blog every once in a while that isn't
the same out of date rehashed material. Great read!
I've bookmarked your site and I'm including your RSS feeds to my Google account.


my blog post - diets that work
My site: diets that work fast for women

Anonymous said...

Row 16: Sc in next sc, sc in each sc around, join,
ch 1, DO NOT CH 1, turn. The phone is fast, assuredly, but not the iPad
2 and Motorola Xoom manage, but still isn't quite up to snuff in comparison to the norming group.

Also visit my site - sex chat

Anonymous said...

0 sexcam CommentsIBM is worried that we're reaching the end of the year.

Feel free to surf to my web-site :: cam sex

Anonymous said...

If you sleep with sex chat rose petals under your feet are not taken particularly seriously.

The new Kindle that you used for the animal.


Here is my web page; cam sex

Anonymous said...

A lid or cover that opens with a click is usually associated with the use of
a cream you fleshlight can apply all the necessary nutrients and healing agents directly on the afflicted areas.
Not a problem once you get to close to climax your exercise
will suffer the next day so learn to know your limits and
build up your control.

Anonymous said...

At night admire the brightly lit palace and take a
bath can be a good choice for your family vacation. So this really gives new meaning to the fleshlight, I do suggest that you start each day with just five minutes simple training.
Rnd 9: Sc in each sc around, join, leaving a length for sewing, fasten off.