Att. Gen. v Holley [2005] JLR 275 (15 June 2005)

Att. Gen. v Holley [2005] JLR 275 (15 June 2005)

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.

Citation
[2005] JLR 275
Parties
Applicant: Attorney General; Respondent: Holley
Jurisdiction
Jersey
Judgment Date
15 June 2005
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Provocation, Defence, Loss of Self Control, Reasonable Person Standard
Criminal Law Provocation Defence Loss of Self Control Reasonable Person Standard

Case Brief

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Parties

Attorney General

Applicant

Holley

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 What are the elements of the defence of provocation in criminal law?
  2. 2 To what extent are the accused's characteristics relevant in assessing the standard of self-control for provocation?

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.

Court Disposition

appeal allowed in part