Holley v Att. Gen. [2003] JLR 22 (27 January 2003)

Holley v Att. Gen. [2003] JLR 22 (27 January 2003)

The jury must consider the accused's particular characteristics, such as chronic alcoholism, when determining whether provocation caused a loss of self-control and whether a reasonable person with those characteristics would have acted as the accused did.

Citation
[2003] JLR 22
Parties
Applicant: Holley; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
27 January 2003
Procedural Posture
Criminal Appeal / Judgment
Outcome
judgment delivered; guidance on provocation defence clarified
Legal Topics
Provocation, Defence, Reasonable Person Standard, Loss of Self Control
Criminal Law Provocation Defence Reasonable Person Standard 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 Whether the defence of provocation requires the jury to consider the accused's particular characteristics, such as chronic alcoholism, when assessing loss of self-control and the standard of the reasonable person.

Ratio Decidendi

The jury must consider the accused's particular characteristics, such as chronic alcoholism, when determining whether provocation caused a loss of self-control and whether a reasonable person with those characteristics would have acted as the accused did.

Court Disposition

judgment delivered; guidance on provocation defence clarified