Att. Gen. v Holley [2005] JLR 275 (15 June 2005)
- Citation
- [2005] JLR 275
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Appeal / Judgment
More details
- Posture
- Criminal Appeal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The standard for the defence of provocation is that of a reasonable person with ordinary powers of self-control, sharing only the accused's age and sex, and not other characteristics such as chronic alcoholism.
Court disposition
appeal allowed in part
02
Material facts
Parties
Attorney General
ApplicantHolley
Respondent03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
What are the elements of the defence of provocation in criminal law?
- 02
To what extent are the accused's characteristics relevant in assessing the standard of self-control for provocation?
Party arguments
- Applicant
- The standard for the defence of provocation should be that of a reasonable person with ordinary powers of self-control, not taking into account the accused's chronic alcoholism.
- Respondent
- The accused's characteristics, including chronic alcoholism, should be considered in assessing the standard of self-control for provocation.
05
Court’s reasoning
Legal principles
- 01
[2005] JLR 275
The reaction to provocation is to be judged against the uniform standard of a reasonable person, who has the self-control of an ordinary person sharing only the accused's age and sex.
06
Ratio, limits and disposition
Ratio decidendi
The standard for the defence of provocation is that of a reasonable person with ordinary powers of self-control, sharing only the accused's age and sex, and not other characteristics such as chronic alcoholism.
Obiter and limits
- The accused's characteristics may be relevant to the gravity of the provocation but not to the standard of self-control.
Court disposition
appeal allowed in part
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Holley [2005] JLR 275 (15 June 2005) URL: https://www.bailii.org/je/cases/JLR/2005/JLR050275.html Cite as: [2005] JLR 275 [ New search ] [ Help ] Att. Gen. v Holley 2005 JLR 275 (15 June 2005) Criminal Law-provocation-elements of defence-provocation to have caused loss of self-control, and to have been sufficient to make reasonable person with ordinary powers of self-control act as accused did-accused's characteristics (including chronic alcoholism) may be relevant to gravity of provocation-reaction to be judged against uniform standard of reasonable person, who has self-control of ordinary person sharing only accused's age and sex (not also chronic alcoholism) The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2005 JLR 275 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2005/JLR050275.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.