R v Lesbini
| Jurisdiction | England & Wales |
| Court | Court of Appeal |
| Date | 1914 |
| Year | 1914 |
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21 cases
- Public Prosecutor v KK
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Dick et Al v R
...a formidable degree of forensic and judicial learning, going back to the nineteenth century to R. v. Hayward (1833) 6 C. & P. 157, through R v. Lesbini [1914] 3 K.B. 1116 and Holmes v. Director of Public Prosecutions [1946] A.C. 588, and encompassing the quintessential R v. Duffy [1949] 1 A......
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R v Smith (Morgan James)
...p.9 "The test to be applied is that of the effect of the provocation on a reasonable man, as laid down by the Court of Criminal Appeal in R v Lesbini, so that an unusually excitable or pugnacious individual is not entitled to rely on provocation which would not have led an ordinary person t......
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Holley v AG
...of an anti-semitic slur which, it seems, had provoked the defendant but would not have provoked a reasonable person who was not Jewish. R v Lesbini was approved by the House in Mancini, above, a case in which the defendant relied on self-defence and the evidence of provocation appears to ha......
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3 books & journal articles
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Descent into Murder: Provocation's Stricture—The Prognosis for Women Who Kill Men Who Abuse Them
...concept of proportionality is nevertheless still an important factual element inthe objective inquiry’ (at 712–13). See also R v Lesbini [1914] 3 KB 1116. 344 Provocation’s Stricture—The Prognosis for Women Who Kill Men Who Abuse for self-control and ruling that it is fixed (following Holle......
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What Future for Voluntary Manslaughter?
...Partial Excuses to Murder (Gaunt: 1991) 19–20.4 Law Com. Consultation Paper No. 173, paras 4.163–4.164.5 See Avory J, in R v Lesbini [1914] 3 KB 1116 at 1118.6 Law Com. Consultation Paper No. 173, para. 4.8. The Judicial Studies specimen direction to the jury (April 2003) as to the ‘special......
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Court of Criminal Appeal
...to be applied isthatoftheeffect oftheprovocationon a reasonable man, as was laid down by theCourtof CriminalAppeal in R. v. Lesbini (1914 3K.B.1116) sothatan unusuallyexcitable or pugnacious individual isnotentitled to rely onprovocation which wouldnothave led an ordinary person toact as he......
