Hey there Sign in to join this conversationNew here? Join for free

Provocation / Luc Thiet Thuan

Announcements Posted on
    • Thread Starter
    • 0 followers
    Offline

    ReputationRep:
    hello,
    Im unsure exactly what was held by the Privy council in Luc Thiet Thuan (1996) and the court of appeal in the cases of Newell/Ahluwalia/Dryden/Thornton/Humphreys.

    From what I understand Luc Thiet Thuan basically confirmed Camplin and Morhall and the distinction between those characteristics which bear on the gravity of the provocation and those which concern D's level of self-control. From what I can see though this is the same as in the Court of Appeal cases, although perhaps less explicit. However, in one textbook it says that Lord Goff (delivering the majority judgement in Luc) said that relied too heavily on Newell.(??)

    Also, in the Storey/Lidbury textbook it says "In Luc a majority of the Privy Council disagreed with this line of cases and held that psychological characteristics were not relevant in the context of provocation - and should be left exclusively to DR." However, to me this seems plain confused. In Luc they were concerned about maintaining the distinction between DR and Provocation but not when the psychological characteristic is relevant to the gravity of the provocation. Isnt this completely in line with all those cases as well as Camplin???

    Also, on http://sixthformlaw.info/02_cases/mo...uan%20v%20R%20[1996]%20PC
    it says "R v Newell (1980), R v Ahluwalia [1992], R v Dryden [1995] and R v Humphreys [1995] doubted." without any explanation that I can see.

    thanks for any help
    • 0 followers
    Offline

    ReputationRep:
    (Original post by Sjb123)
    hello,
    Im unsure exactly what was held by the Privy council in Luc Thiet Thuan (1996) and the court of appeal in the cases of Newell/Ahluwalia/Dryden/Thornton/Humphreys.

    From what I understand Luc Thiet Thuan basically confirmed Camplin and Morhall and the distinction between those characteristics which bear on the gravity of the provocation and those which concern D's level of self-control. From what I can see though this is the same as in the Court of Appeal cases, although perhaps less explicit. However, in one textbook it says that Lord Goff (delivering the majority judgement in Luc) said that relied too heavily on Newell.(??)

    Also, in the Storey/Lidbury textbook it says "In Luc a majority of the Privy Council disagreed with this line of cases and held that psychological characteristics were not relevant in the context of provocation - and should be left exclusively to DR." However, to me this seems plain confused. In Luc they were concerned about maintaining the distinction between DR and Provocation but not when the psychological characteristic is relevant to the gravity of the provocation. Isnt this completely in line with all those cases as well as Camplin???

    Also, on http://sixthformlaw.info/02_cases/mo...uan%20v%20R%20[1996]%20PC
    it says "R v Newell (1980), R v Ahluwalia [1992], R v Dryden [1995] and R v Humphreys [1995] doubted." without any explanation that I can see.

    thanks for any help
    THe privy council held that psychological characteristics were not relevant in the context of provocation and should be left to diminished responsibility << may not help .. but hey!!
    • 0 followers
    Offline

    ReputationRep:
    sorry that was regarding the case of Luc Thiet Thuan 1997.. sorry i wasn't clear what that comment was for..

Reply

Submit reply

Register

Thanks for posting! You just need to create an account in order to submit the post
  1. this can't be left blank
    that username has been taken, please choose another Forgotten your password?

    this is what you'll be called on TSR

  2. this can't be left blank
    this email is already registered. Forgotten your password?

    never shared and never spammed

  3. this can't be left blank

    6 characters or longer with both numbers and letters is safer

  4. this can't be left empty
    your full birthday is required
  1. By joining you agree to our Ts and Cs, privacy policy and site rules

  2. Slide the button to the right to create your account

    Slide to join now Processing…

Updated: June 14, 2006
New on TSR

Results: how's it going?

Which A-level are you most confident about getting back?

Article updates
Reputation gems:
You get these gems as you gain rep from other members for making good contributions and giving helpful advice.