Law In The News (January 19 – 25, 2015)

A weekly digest of legal news under the following headings: –

Decided Cases

Before the Courts

Debated Bills / Legislation

Law and Society

Beyond Our Shores

Opinion

Law and Technology

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Provocation, Gender and the 2011 Charter of Rights

Provocation as a partial defence to murder is a gendered defence; it is steeped in patriarchal notions of male behavior and consequently favours men as opposed to women. Caroline Forrell supports the view; saying, “the origins of the provocation defense are deeply gendered; it was created for and has always been used far more often by men than women… the provocation defense began as a common law doctrine about men defending their honor”[i]

This analysis of the law is applicable to our current statutory promulgation of the defence within the context of our patriarchal society. Section 6 of the Offences Against the Person Act of Jamaica, 1864 reads as follows:

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