Long pointed sticks? Ho, ho, ho. We want to use pointed sticks, do we?Getting all high and mighty, eh? Fresh fruit not good enough for you eh? Well I'll tell you something my lad. When you're walking home tonight and some great homicidal maniac comes after you with a bunch of loganberries, don't come crying to me!!
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Meh, just waiting for "Hot Trolls" to be made!
Life is like a roll of toilet paper, the closer you get to the end, the faster it goes!
I beg to differ - I'd suggest, there are many loose units with grandiose delusions of superiority, and tendancies of narccism in NZ jails!
Provocation wouldn't be an issue, because someone may want "the reputation".
Ain't that how it works inside? It's a different world remember.
I know we've rung the neck out of this topic...but a couple of things....
I see the defence of provocation may be removed as a legacy to Sophie.
Now, I can see why - with her character torn to shreds after her tragic demise, and I don't have a problem with the why.
But are we being objective here?
I note Judith defended Gay Oakes with provocation - granted it failed.
(Interesting she would use this defence again under the evidence in this trial)
But can our resident bush lawyers clarify something for me please?
The difference between self defence and provocation.
Is provocation based on a relationship between offender and victim?
And self defence, defense from a strangers attack?
A scenario, your home is invaded by a group of men, you are gang raped, beaten, they've told you they will kill you when finished, you have an opportunity to fight for your life, and an offender is killed, self defence or provocation?
You're raped and beaten within an inch of your life constantly over time by your partner, you kill him, self defence or provocation?
What are the legal definitions between self defence and provocation, and can we afford to do away with this provocation defense?
ter·ra in·cog·ni·taAchievement is not always success while reputed failure often is. It is honest endeavor, persistent effort to do the best possible under any and all circumstances.
Orison Swett Marden
I wish there was a simple answer. FWIW there are whole chapters in legal texts on these questions. Here is a c&p:
"Provocation does not make an unlawful homicide excusable or justifiable. It does, however, provide a defence to a charge of murder and it entitles the accused to have his offence reduced from murder to manslaughter. In this respect it differs from self-defence which, if established, provides the complete answer to a charge of murder."
"Self defence - The test involves three steps:
First, what the accused believed the circumstances to be from his or her point of view.
The second is whether, bearing in mind the belief of the accused about what was happening, he or she was acting in self defence considered from the accused’s point of view.
Third, given that belief, the force used in self defence was actually reasonable."
Thanks Winston, for the clear and conscise C&P! Bling awarded!
I see the difference Sir!!!!
I can see this will be rather complex....
ter·ra in·cog·ni·taAchievement is not always success while reputed failure often is. It is honest endeavor, persistent effort to do the best possible under any and all circumstances.
Orison Swett Marden
Just tuned in to 60 minutes on TV3, Clayton Weatherston is the son of a man that I know personally very well.
I could not ever see anything in the characteristics of his parents that their son could ever turn out like Clayton has. (still no remorse, still the victim?)
I really do feel desperately sad for his parents and siblings but Clayton and his lawyers are the pits in my estimation!![]()
I have a problem with the proposed law change. He tried a defence and it failed, and now National are using Labour's patented knee-jerkTM law making policy.
The only reason her character was torn to shreds was because *we* fed the tv news rating machines and watched every last second of his defence.
The hundreds of thousands of people who paid so close attention to this trial are just as guilty for smearing her character.
Oh believe me, I question whether doing away with the provocation defense is a good idea.
Not all offenders are created equal.
I'd suggest we Stop. Breathe and Think this one through.
And you're right "our" need to be fed the gorey details, therefore feeding the networks and magazines - their ratings, is insatiable.
ter·ra in·cog·ni·taAchievement is not always success while reputed failure often is. It is honest endeavor, persistent effort to do the best possible under any and all circumstances.
Orison Swett Marden
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