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Latest comment: 9 years ago1 comment1 person in discussion
The article states:
"Her case, known in British legal textbooks as R v Ahluwalia, changed the definition of the word 'provocation' in cases of battered women, so as to reclassify her crime as manslaughter instead of murder"
I do not believe that this is correct. The Court of Appeal did not find the defence of provocation made out due to the "cooling off" period, so the case did not change the provocation defence. Rather, they found that the separate defence of diminished responsibility was made out, and that was why she received a conviction of manslaughter rather than murder. At the time provocation required a sudden loss of control, and this requirement was not removed until the Coroners and Justice Act 2009, which abolished the provocation defence and replaced it with loss of control. 82.16.1.6 (talk) 23:06, 18 January 2015 (UTC)Reply