Essay Case note on ahluwalia

1298 Words Nov 23rd, 2013 6 Pages
R. V Kiranjit Ahluwalia [1993] 96 Cr. APP. R. 133 Court of Appeal

Introduction

In this case, R. V Kiranjit Ahluwalia1, the appellant is kiranjit Ahluwalia and the respondent is Regina (the Crown). The Legal issue in the case was whether the use of provocation as a defense could stand as she had sufficient time to consider her action and also if it could stand as a defence to person who has suffered domestic abuse with resulted in a battered woman’s syndrome.

The Crown court convicted her of Murder and rejected the defence of provocation. The court of appeal overturned the conviction and ordered a retrial.

Facts
On the
…show more content…
The counsel for the appellant goes further to say that based on expert evidence, women with a long history of violent treatment may react to provocation with what he calls a slow burn reaction rather than an instantaneous loss of self control.10

The Judge held that the phrase “sudden and temporary loss of control’ summarizes the main idea of the defence of provocation, and that its main purpose as a defence is strictly concerned with the actions of an individual who as not that that moment master of his own mind. However, the longer the interval of time between the provocation and the fatal act the stronger the evidence on deliberation.11

The appellant’s second submission concerned the way the judge in the first instance referenced sudden and temporary loss of self-control to the jury in the direction. The appellant submitted that this direction was incorrect. He also proposed that the learned Judge’s direction regarding the appellant’s characteristics in an attempt to use the model set by Lord Diplock in DPP v Camplin. The counsel for the appellant criticized the learned judges direction on two grounds: Firstly, that the Judge did not mention that the appellant was suffering from a condition known as the battered woman’s syndrome which so affected her personality that it put her in a state of learnt helplessness. Secondly, that the list of characteristics should have been left open so that the jury may pick up on the fact that she suffered from a

More about Essay Case note on ahluwalia

Open Document