Results are out! Find what you need...fast. Get quick advice or join the chat
Hey! Sign in to get help with your study questionsNew here? Join for free to post

Provocation / Luc Thiet Thuan

Announcements Posted on
Fancy winning £500? Join the Summer Bucket List Challenge and beat the holiday boredom! 06-07-2015
Waiting on IB results? Our IB results hub explains everything you need to know 01-06-2015
  1. 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
  2. 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!!
  3. 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?
  2. this can't be left blank
    this email is already registered. Forgotten your password?
  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 to join now Processing…

Updated: June 14, 2006
TSR Support Team

We have a brilliant team of more than 60 Support Team members looking after discussions on The Student Room, helping to make it a fun, safe and useful place to hang out.

New on TSR

IB results chat

Find help, advice and support here

x

Think you'll be in clearing or adjustment?

Hear direct from unis that want to talk to you

Get email alerts for university course places that match your subjects and grades. Just let us know what you're studying.

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