Does the Use of the Provocation Defence Provide Justice...

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†¦show more content†¦Murdering someone may not be seen as been a proportionate response. However, recognition of the ongoing nature of domestic violence may result in the offender receiving a light sentence or even a good behaviour bond for their crime. The removal of the provocation defence may in fact disadvantage women who see no other alternative than to de fend themselves against abusive partners. However, it could be argued that offenders may abuse this defence as a means of having their sentence reduced. A problem with the use of this defence by offenders is that their victim is not present to dispute their version of events. Unless there are witnesses to the events that take place it is difficult to refute the statements of the offender that they were provoked. The defence may also (in the absence of the victim) denigrate the character of the victim in their attempts to paint him/her as someone who is highly likely to cause a loss of control by an ordinary person. In criminal cases the burden of proof lies with the prosecution and in the absence of a witness to the crime it is difficult to prove that the offender was not provoked such that an ordinary person would lose control and in turn form the intent to kill or cause really serious bodily harm. Society – There have been instances where the provocation defence has been used and offenders have received light sentences such as good behaviour bonds (GBB) with very little public outcry. One example used in theShow MoreRelatedLegal Studies Crime Notes7101 Words   |  29 Pagescriminal justice system * Issues of compliance and non compliance in regard to criminal law * The extent to which the law reflects moral and ethical standards * The role of law reform in the criminal justice system * The extent to which the law balances the rights of victims, offenders and society * The effectiveness of legal and non-legal measures in achieving justice Chapter 1: The Nature of Crime Role of Criminal Law: To protect society from those whose behaviour society has deemedRead MoreGrave And Sudden Provocation8554 Words   |  35 PagesJamia Millia Islamia Contents 1. Acknowledgement 2. Introduction 3. Offences Affecting The Human Body 4. Sections 299, 300 Exceptions to Section 300 of the Indian Penal Code,1860 5. When Culpable Homicide is Not Murder 6. Grave and Sudden Provocation (Exception 1 to Section 300 of IPC) 7. K.M. Nanavati versus State of Maharashtra, AIR 1962 SC 605 8. Laws applied in the Case 9. Summary/Facts of the Case 10. Trials of the Case 11. Proceedings of the Trials 12. Retrial under the High Court of Bombay