R v Duffy (Note)

JurisdictionEngland & Wales
Date1949
Year1949
CourtCourt of Appeal

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129 cases
  • Holley v AG
    • United Kingdom
    • Privy Council
    • 15 June 2005
    ...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......
  • R v Richens
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 5 November 1992
  • James Baptiste Appellant v The Queen Respondent [ECSC]
    • St Lucia
    • Court of Appeal (Saint Lucia)
    • 12 February 1996
    ...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 Ahluwalia
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 31 July 1992
    ..."sudden 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 o......
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15 books & journal articles
  • Recognising the Role of the Emotion of Fear in Offences and Defences
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 83-6, December 2019
    • 1 December 2019
    ...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......
  • Loss of Self-Control as a Defence: The Key to Replacing Provocation
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 74-2, April 2010
    • 1 April 2010
    ...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......
  • Anger and Fear as Justifiable Preludes for Loss of Self-Control
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 74-3, June 2010
    • 1 June 2010
    ...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......
  • Some perspectives on provocation and domestic killing
    • Barbados
    • Caribbean Law Review No. 2-1, June 1992
    • 1 June 1992
    ...to the dead man. You are not standing in judgment on him. He has not been heard in 33 Robertson; Ratcliffe, Wyatt; Ripley, Line. 34 [1949] 1 All E.R. 932. 35 See, e.g., Lord Goddard C.J., ibid., p. 933 and Glanville Williams, "Domestic Provocation and the Ivory Tower", New Law Jo., 20 March......
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