Unrestrained Killings and the Law Provocation and Excessive Self-Defence in India, England and Australia

by Yeo, Stanley

• ISBN13: 9780195664065
• ISBN10: 019566406X
• Format: Paperback
• Copyright: 2003-04-03
• Publisher: Oxford University Press

Summary

This book examines two instances of unrestrained killings which the law has occasion to recognize as falling short of murder.

Table of Contents

Table of Cases	xiii
Table of Statues	xx
About this Work	1	(8)
Unrestrained Killings	1	(1)
Comparativism	2	(2)
Aims and Coverage	4	(2)
Conclusion	6	(3)
Provocation	9	(108)
Introduction	9	(1)
Definitions of Provocation	10	(4)
The English Definition	11	(1)
The Australian Definition	11	(2)
The Indian Definition	13	(1)
Provocative Conduct	14	(32)
Words Alone as Provocation	15	(6)
Cumulative Provocation	21	(6)
Provocation in the Defendant's Presence	27	(5)
Self-Induced Provocation	32	(8)
Lawful Acts as Provocation	40	(6)
Actual Loss of Self-Control	46	(10)
A Subjective Condition	46	(1)
The Uncertain Nature of Lost Self-Control	47	(2)
The Underlying Emotions of Lost Self-Control	49	(2)
The Requirements of a Sudden Loss of Self-Control	51	(5)
The Ordinary Person Test	56	(37)
An Objective Test	56	(3)
Characteristics of the Ordinary Person	59	(4)
A Comparative Evaluation of the Test	63	(30)
The Response to the Provocation	93	(20)
Rage versus Loss of Self-Control	94	(7)
The Reasonable Relationship Rule	101	(5)
The Modal Rule	106	(7)
Conclusion	113	(4)
Excessive Self-Defence	117	(59)
Introduction	117	(2)
Excessive Self-Defence under Indian Law	119	(15)
The Defence and its Role in Relation to the General Plea of Self-Defence	119	(4)
A Preliminary Difficulty of Interpretation	123	(3)
Resolving the Difficulty	126	(5)
Poor Adherence to the Requirements of the Exception	131	(3)
Excessive Self-Defence under English Law	134	(7)
Previous Judicial Recognition of the Defence	134	(1)
Current Judicial Rejection of the Defence	135	(4)
Law Reform Proposals Favouring the Defence	139	(2)
Excessive Self-Defence under Australian Law	141	(26)
Previous Judicial Recognition of the Defence	141	(4)
The Facts of and Decision in Zecevic	145	(3)
The Case for Abolishing Excessive Self-Defence	148	(6)
The Case for Maintaining Excessive Self-Defence	154	(6)
Legislation and Law Reform Proposals Favouring the Defence	160	(5)
Recognition of Excessive Self-Defence under Irish Law	165	(2)
The Place of Excessive Self-Defence in the Law of Self-Defence and in the Criminal Justice Process	167	(7)
Justification, Excuse and Self-Defence	167	(3)
A Partial and Not a Full Defence	170	(1)
A Partial Defence and Not a Sentencing Factor	171	(3)
Conclusion	174	(2)
Improving the Law	176	(10)
Provocation	176	(6)
Excessive Self-Defence	182	(4)
Appendices	186	(10)
I. Indian Provisions on Private Defence	186	(4)
II. South Australian Provisions on Defence of Person and Property	190	(3)
III. English Law Commission Provisions on Public and Private Defence	193	(3)
Bibliography	196	(8)
Index	204