Holley v Att. Gen. [2001] JLR 606 (25 October 2001)

Holley v Att. Gen. [2001] JLR 606 (25 October 2001)

The jury should determine whether the loss of self-control is excusable by reference to normal human nature and emotions, except where it would be unjust to ignore particular characteristics of the accused.

Citation
[2001] JLR 606
Parties
Applicant: Holley; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
25 October 2001
Procedural Posture
Criminal Appeal / Judgment
Outcome
judgment delivered
Legal Topics
Provocation, Elements of Defence, Loss of Self Control
Criminal Law Provocation Elements of Defence Loss of Self Control

Case Brief

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Parties

Holley

Applicant

Attorney General

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 What are the elements of the defence of provocation in criminal law?
  2. 2 Should the jury consider only normal human nature and emotions or also particular characteristics of the accused when determining loss of self-control?

Ratio Decidendi

The jury should determine whether the loss of self-control is excusable by reference to normal human nature and emotions, except where it would be unjust to ignore particular characteristics of the accused.

Court Disposition

judgment delivered