Provocation and the Lesser Offences, R. v. Laga

(1969) VUWLR at 361

4 Pages Posted: 4 Feb 2014

See all articles by A. T. H. Smith

A. T. H. Smith

Victoria University of Wellington, Te Herenga Waka - Faculty of Law; University of Cambridge

Date Written: 1969

Abstract

This article is a discussion of whether or not provocation should be available as a defence to an attempted murder charge, in relation to the judgment in R v Laga. In R v Laga, it was held that provocation could only be considered as a defence in relation to a murder charge, in contrast with other cases such as R v Smith and R v McKee which have held that the defence is available for an attempted murder charge. Greater exploration of this issue is needed, and the author considers both options available and the arguments behind them. This is an important issue that needs to be considered by the Court of Appeal as soon as possible. Abstract by Rose Goss.

Keywords: Provocation defence, murder, attempted murder, R v Laga

JEL Classification: K1, K14

Suggested Citation

Smith, A. T. H., Provocation and the Lesser Offences, R. v. Laga (1969). (1969) VUWLR at 361, Available at SSRN: https://ssrn.com/abstract=2390442

A. T. H. Smith (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

University of Cambridge ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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