|
:''For a description of the general principles, see provocation (legal).'' In English law, provocation was a mitigatory defence alleging a total loss of control as a response to another's provocative conduct sufficient to convert what would otherwise have been murder into manslaughter. It does not apply to any other offence. It was abolished on 4 October 2010〔The Coroners and Justice Act 2009 (Commencement No. 4, Transitional and Saving Provisions) Order 2010 (S.I. 2010/816 (C. 56)), (article 6(b) ); and see (here )〕 by (section 56(1) ) of the Coroners and Justice Act 2009,〔http://news.bbc.co.uk/1/hi/uk_politics/7762405.stm〕 but replaced by a relatively similar defence of "loss of control". ==The principles== Under section 3 of the Homicide Act 1957: :Where on a charge of murder there is evidence on which the jury can find that the person charged was provoked (whether by things done or by things said or by both together) to lose his self-control, the question whether the provocation was enough to make a reasonable man do as he did shall be left to be determined by the jury; and in determining that question the jury shall take into account everything both done and said according to the effect which, in their opinion, it would have on a reasonable man. The initial burden was on the defence to raise sufficient evidence of provocation. As a matter of law, the judge would then decide whether to leave the defence to the jury. This did not change the burden of proof which, as in all criminal cases, was on the prosecution to prove the ''actus reus'' and ''mens rea'' of the offence charged, i.e. murder. The Act changed the common law, under which provocation had to fall under one of the following expectations: *a grossly insulting assault *witnessing an attack on a relative *witnessing an Englishman being unlawfully deprived of his liberty *a husband discovering his wife in the act of adultery; and *a father discovering someone committing sodomy on his son.〔Per ''Holmes v DPP'' (1946) AC 588)〕 The Act provided that provocation could be by anything done or said without it having to be an illegal act and the provoker and the deceased could be a third parties.〔See ''Davies'' (1975) QB 691〕 If the accused was provoked, who provoked him was irrelevant. This section of the Act was repealed on 4 October 2010.〔The Coroners and Justice Act 2009 (Commencement No. 4, Transitional and Saving Provisions) Order 2010 (S.I. 2010/816 (C. 56)), (article 5(g)(i) )〕 It was superseded by sections 54 to 56 of the Coroners and Justice Act 2009 when they came into force on the same date.〔()〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Provocation in English law」の詳細全文を読む スポンサード リンク
|