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|Title:||A New Model of Provocation in New South Wales||Contributor(s):||Eburn, ME (author)||Publication Date:||2001||Handle Link:||https://hdl.handle.net/1959.11/936||Abstract:||This article outlines the law of provocation that currently applies in New South Wales and then develops a new model that explains the relationship between the accused and the ordinary person. This new model is based on the provisions of s 23 of the Crimes Act 1900 (NSW) and the High Court's decision in Green. It involves a simpler objective test and focuses on the question of the accused's loss of self control rather than the conduct of the deceased. It is less complex than the traditional model but remains consistent with judicial pronouncements on the role of the ordinary person in provocation.||Publication Type:||Journal Article||Source of Publication:||Criminal Law Journal, 24(4), p. 206-214||Publisher:||Lawbook Co||Place of Publication:||Australia||ISSN:||0314-1160||Field of Research (FOR):||180110 Criminal Law and Procedure||Peer Reviewed:||Yes||HERDC Category Description:||C1 Refereed Article in a Scholarly Journal||Other Links:||http://www.thomsonreuters.com.au/catalogue/shopexd.asp?id=846||Statistics to Oct 2018:||Visitors: 148
|Appears in Collections:||Journal Article|
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