R v Duffy (Note)
| Jurisdiction | England & Wales |
| Date | 1949 |
| Court | Court of Appeal |
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127 cases
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Holley v AG
...excitable or pugnacious individual is not entitled to rely on provocation which would not have led an ordinary person to act as he did." In R v Duffy [1949] 1 All ER 932 the Court of Criminal Appeal approved as 'impeccable' a summing up by Devlin J which described provocation as some act o......
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R v Ahluwalia
...and temporary loss of self-control" which was used by Mr Justice Devlin and approved by the Court of Appeal in R v Duffy (Note)UNK([1949] 1 All ER 932), encapsulated an essential ingredient in the defence of provocation, underlining that that defence was concerned with the actions of an ind......
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James Baptiste Appellant v The Queen Respondent [ECSC]
...also refers to the common law requirement that the provocation must cause "sudden and temporary loss of self-control". 50 As explained in R v Duffy [1949] 1 All E.R. 932: "Provocation is some act or series of acts done or words spoken…which would cause in a reasonable person and actually ca......
- R v Richens
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13 books & journal articles
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Recognising the Role of the Emotion of Fear in Offences and Defences
...mind. See LawCommission Discussion Paper, Criminal Liability: Insanity and Automatism (Law Com. TSO, 2013).34. Devlin J, in R v Duffy [1949] 1 All ER 932. Coroners and Justice Act 2009 s 54(2) now allows for a delay without negating aloss of self-control manslaughter defence.35. Susan SM Ed......
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Loss of Self-Control as a Defence: The Key to Replacing Provocation
...can amount to a loss of self-control can be regarded as a step31 Coroners and Justice Act 2009, Part 2, Chapter 1.32 Ibid. s. 55(4).33 [1949] 1 All ER 932.34 Interestingly, Rv Humphreys [1995] 4 All ER 1008 would likely have met therequirements of both the qualifying triggers.Loss of Self-c......
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Anger and Fear as Justifiable Preludes for Loss of Self-Control
...and Dean of Law, University of Buckingham; Door Tenant, ClarendonChambers, Temple, London; e-mail: susan.edwards@buckingham.ac.uk.1 [1949] 1 All ER 932.2 Law Commission, Partial Defences to Murder, Law Com. Consultation Paper No. 173(2003).3 Law Commission, Partial Defences to Murder, Law C......
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Loss of Self-Control: Back to the Good Old Days
...of Hadley; see also R vMawgridge [1707] Kel J 119 at 135–7, per Lord Holt CJ.4 Mitchell, Mackay and Brookbanks, above n. 1 at 683.5 [1949] 1 All ER 932.6Rv Duffy [1949] 1 All ER 932 at 932, per Lord Goddard CJ restating Devlin J’sdirection to the jury with approval.7 Law Commission, Partial......
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