Manage People and Performance Essay Example | Topics and Well Written Essays - 1500 words

Manage People and Performance - Essay Example Considering that Maslow’s theory presented us with five orders of needs it is clear that all of those were fulfilled by the job he had with Avant Garde. He had a competitive salary which took care of his basic needs for nourishment; he had a company car, free healthcare, personal pension plan and a job he liked which took care of his needs for safety, security and social affiliations. The fourth order need in term of esteem could have been fulfilled by his rising position within the company even through his first class travel as he worked for Avant Garde. Even in terms of self actualization, he could have attained some level of it through his making the HR Department of the company the envy of others. Recognition by others within his social circle and even outside his social circle would have come from this achievement and it is likely that he would have continued working for the company till his retirement. However, there was a fly in the ointment which caused him to rethink his decision and his life as well since his third order needs were put in danger. From being socially accepted within the company he found himself being excluded from meetings when the company he was working for was taken over by someone else. In fact, he even lost his position as part of the strategic decision making group of the company. The final straw as put by the case study was the requirement for Phil to eliminate a large portion of the company through making many of his co-workers redundant. These developments put Philip in a position where he could not continue working for the company. While his basic needs were being fulfilled, his higher order needs were not being met which made him look for other opportunities. Amongst these opportunities was the chance to work at his Alma Matter and he took that knowing that he had had positive

The Nature of Quantitative Research Essay -- Quantitative Research Pap

The Nature of Quantitative Research Quantitative Research Defined: According to Huysamen (1997), "descriptions of quantitative research typically discern a cycle of successive phases of hypothesis formulation, data collection, analysis and interpretation." Using a deductive approach, quantitative research seeks to establish facts, make predictions, and test hypotheses that have already been stated. A large part of the data analysis of quantitative research is statistical, striving to show that the world can be looked at in terms of one reality; this reality, when isolated in context, can be measured and understood, a perspective known as positivism (Gay & Airasian, 1999). Quantitative researchers are those who find themselves "treat(ing) their objects of study as having an existence independent of themselves and without any intrinsic meaning" (Huysamen, 1997). The Differing Characteristics of Qualitative Research: Somewhat in contrast to quantitative research is the practice of qualitative research. Whereas quantitative research is positivist in its outlook, qualitative research has a non-positivist perspective; this theory holds the view that the world itself is made up of different people with different perspectives and therefore, has many different meanings and contexts. While quantitative researchers work mostly with numerical data, qualitative researchers use mainly "non-numerical data such as observations, interviews, and other more discursive sources of information" (Gay & Airasian, 1999). Another difference between the two types of research is that where quantitative research seeks to find evidence which supports or does not support an existing hypothesis, "qualitative designs allow the hypotheses to emer... ...vey Isn't Research." Counselor Education and Supervision, 31, 194-195. Gay, L. R., & Airasian, Peter. (1999). Educational Research: Competencies for Analysis and Application, Sixth Edition, Upper Saddle River, NJ: Merrill. Huysamen, G. K. (1997, March). "Parallels Between Qualitative Research and Sequentially Performed Quantitative Research." South African Journal of Psychology, 27, 1-8. Johnson, R. Burke. (1997). "Examining the Validity Structure of Qualitative Research." Education, 118, 282-293. McCullough, Dick. (1997). Quantitative vs. Qualitative Marketing Research. [Online]. Retrieved September 18, 1999 from the World Wide Web: http://www.macroinc.com/articles/ Urban Wallace & Associates. (1995). Quantitative Research. [Online]. Retrieved September 18, 1999 from the World Wide Web:http://www.uwa.com/marketing/consultants/homepage.htm#Questions

A Protest from a Bushman

201005894| ENG 373 ASSIGNMENT| BOIKANYO MAKAUSU| 1. A PROTEST FROM A BUSHMAN POEM THEME: SADNESS The theme of the poet A Protest From a Bushman is SADNESS. The poet is expressing disapproval or objection to something, thus how his fellowman treats them and undermine the tribe, culture & tradition. TONE MORAL INDIGNATION The tone of the poem is typically a reactive emotion to anger over perceived mistreatment, insult or malice. It is somehow a sense of injustice. The bushman is more concerned with how his fellow countryman treats their tribe.He now feels that his native land not good/ not enjoyable to them as they are now treated as slaves and are now seen filthy. They are seen as a nobody hence this is their native land rather they are not refugees. The tone is the same through the poem. STRUCTURE The poem has 11 stanzas with 111 lines in total. The first stanza has 10 lines followed with the second stanza with 13 lines. The third stanza has 5 lines, seven on the fourth stanza while 19 lines on the fifth. The sixth stanza with also seven lines 15 lines with the seventh stanza and followed by3 lines on the eighth stanza.Then four lines on the ninety stanza. The second last stanza has sixteen lines while the last one has 12 lines. POETIC DEVICES REPITITION From stanza four the poet use repetition of the words, â€Å"life is tremulous like a drop of water on a mophane leaf. † to emphasize that life is shaking or shivering with the bad talks about the bushman by the fellow countryman. The bushman uses repetition to truly show that these talks makes them nervous, that is they don’t feel free in their native land. PERSONIFICATIONLife is personified to a person as it is said to be shivering/shaking hence it is something that’s not human like. It cannot shiver nor shake. He shows his anger by showing the unfairness of life. 2. THE ORATION OF CHIEF JOHN MADAWO NSWAZWI VII THEME SADNESS The theme of the poem The oration of Chief John Madawo Nswazwi i s sadness. The poet is being sad and not happy about how people are being treated. He is using Chief John Madawo Nswazwi giving out a speech to his tribe or nation addressing them about the suffering they were treated with and promising them that it is now over.He shows his sadness by saying, â€Å"We have become slaves Worse than dogs and pigs† By this he clarified how cruel they were being treated as animals. He also explained how heartless they were treated in front of God’s presence thus being weeped showing the immoral signs they discovered. TONE PROTEST The tone of the poem is a formal and solemn declaration of objection. Chief Nswazwi VIII is objecting or protesting against mistreatments of human rights to his fellow beloved countryman and women. The slave suffering of the countryman had put anger on him they now do not enjoy fruits of the country.He uses the African slave trade where missionaries mistreated the blacks as animals to explain their suffering which he feels is against the will of the almighty. The chief is angry to chief Tshekedi’s law where villages are being destroyed and reduced to ashes by his tyrannical rule. By saying â€Å" I shall come back fiercer than the burning sun† The chief promises the fellow countryman & women that if it happens he dies and the slave trade continues he would come back from the dead and display an intensive aggression to help his tribe. STRUCTURE The poem has 10 stanzas with 99 lines in total.In stanza I the poet expresses the feelings of anger that they have been mistreated but that shall stop and that the war brought shall kill the enemies themselves by using the chief. He continues in stanza 2 & 3 that upon his rule suffering would be changed to freedom and stop war with all his strength. He continues from stanza stating the impropriety of other chiefs, how they overexcite power up until stanza 7. In the last stanza the chief promises people that although they have lived throug h obstacles they would live a happy, freely and not disturbed life. 3. GABORONEThe aim of the poem is to briefly describe how the city Gaborone appears to be. In other words what Gaborone is and what happens around the city. However he does this by mainly focusing on the negative aspects in describing the city. It is a clear and short description of the picture behind the city Gaborone. The theme is perfectly reviewed throughout the poem, and to begin with the poet describe the climatic conditions of Gaborone in the first two lines to mention that Gaborone characterizes of high temperature or sunny conditions (Irritating Heat) as well as polluted air or not fresh air (Stale Air).He then continues to describe what happens around Gaborone from the third line to mention the fast moving and growing cockroaches, then large number of poor people (Hungry Smiles). The Poet continues with his description by mentioning foreign investors without identity found in Gaborone and also misleaders w ho feel overly self important (Pompous Misleaders). And halfway of the poem the poet says that Gaborone characterizes of misleading politicians (Visionless Politicians), violated house-wives in this case women abuse and also very poor artists.And towards the end he mentions that in Gaborone one may find rude and strict landlords and relatively increasing number of dealers. In concluding the poem he says Gaborone with its belly about to explode as to say that now population is increasing rapidly, the city is now expanding and hence growing into a huge city. STRUCTURE The poem comprises of only one stanza containing 20 lines, and each line starts by the word Gaborone. TONE The tone of the poem is quite a tone of disappoint or rather I will say the poet if fed up with what the city has turned into.So he writes this with a depressive mood. POETIC DEVICDES However the poet used some poetic devices during his writing such as rhyme, repetition and Hyperbole. He uses rhyming schemes such as the double rhymes like Hawkers and Workers, Mongers and Lovers. And also the triple rhymes like Churchgoers, Investors and Misleaders. Throughout the poem, the poet use repetition device in which he begins each line by the word Gaborone and there is also a hyperbole where by an outrageous exaggeration is used for effect, for example Turbo-Charged Cockroaches. 4.Outside A Hotel in Gaborone THEME The Poem put its focus on the desire or chase for money that people have and on the other hand it shows the power, strength and control that money can posses. This theme is being illustrated throughout the poem, and to start with the poet is trying to show us the picture behind a person who has money. He writes ‘Splash of Strident Colours, Splash of Covetous Smiles' as to show craving for possession or desire for wealth. So this is how a rich person would appear. He then continues to the second stanza to mention â€Å"eyes that lust money† s to say Minds that have a desire for m oney. And then he continues to the third stanza until the last one to illustrate what money does or what one would achieve with his/her wealthy being. and by doing so he write ‘ Purr of sleek cars' as to say Slow, continuous murmuring sound produced by attractive shinny cars driven in a group or a flock in chase for quick money. So this is basically what the poet is illustrating towards the end of the poem TONE So during the in analyzing the poem, it has appeared that the poet wrote this poem in a sad tone or mood as to show how disappointed he is.He is being let down by the impact that money has toward people around his city, Gaborone. STRUCTURE The Structure of poem comprises of 4 stanzas, the first stanza until the third one having a tercent each and the fourth stanza with quintet. POETIC DEVICES The Poem also comprises of some poetic devises such as rhyme, imagery, metaphor, simileys and. Firstly the rhyme, the poet uses sight rhyme that is word that are quite similar in s pelling but rather differ in pronunciations. For examples words like Cars and Curs, Flesh and Flash.He then applies Imagery, which is a sentence that uses the human senses to describe a vivid mental picture. For example he wrote â€Å"eyes that lust money† as to illustrate the picture of someone who has desire for money. He then applied the metaphor and simileys as to compare objects that are not alike, for example ‘Purr of Sleek Cars' and ‘Like Curs on Heat†. Here he is comparing the sound made by cars to the sound made by cats and again he compares an Undesirable dog on heat to Cars, as they are being driven by their owners in search for money. 5. SEROWE REFLECTONS STRUCTUREIt is made up of seven stanzas. The title is relevant in the sense that Serowe that the Poet talks about is different from the one he knew, the one he grew up in therefore it creates or forms on image of the then Serowe. POETIC DEVICES Metaphor ‘There is a permanent roar of your g reat warriors’. TONE The tone is sad because the Poet seems not to appreciate the changes in Serowe. There is so much change that he cannot accommodate. Serowe has become some that he is not proud of. SUMMARY From the poem we can tell that at first Serowe was a place that the Poet liked and enjoyed as his village.It was rich in culture but now Serowe has turned into something else, people use dongas to relief themselves; it is no longer safe for people to walk as night as people are being killed for sacrifices which is believed to bring wealth. Even the Kgotla [main] of Serowe makes people to think deeply about it whether it still potray the meaning of the Kgotla. Serowe has heavily fallen, one may say on the broken back just like the Poet and he continues by asking what could have went wrong with Serowe, the question is posed in such a way that the Poet want to find a solution in restoring the old Serowe.

Liability for murder - Free Essay Example

Sample details Pages: 12 Words: 3591 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Murder Essay Did you like this example? Question 1 Charlie attacks Betty with an ashtray, killing her and incurring prima facie liability for murder. The actus reus of murder is causing death which requires that the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s act satisfies factual and legal causation. As there are no competing causes of death, these requirements are established and the actus reus of murder is satisfied. Don’t waste time! Our writers will create an original "Liability for murder" essay for you Create order The mens rea of murder is intention to kill or cause GBH.[1] Charlie attacks Betty with the aim of killing her thus establishing the mens rea and completing his liability for murder. Charlie will receive the mandatory life sentence for murder unless liability is reduced to voluntary manslaughter by one of the partial defences: diminished responsibility[2] or provocation.[3] Section 2(1) state that diminished responsibility is available if the defendant was à ¢Ã¢â€š ¬Ã…“suffering from such abnormality of mindà ¢Ã¢â€š ¬Ã‚ ¦as substantially impairs his mental responsibilityà ¢Ã¢â€š ¬Ã¢â€ž ¢ for his actions. This abnormality of mind must arise from one the specified causes: arrested or retarded development, inherent causes or induced by disease or injury. Therefore, Charlie must be suffering from an abnormality of mind, defined as à ¢Ã¢â€š ¬Ã…“a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormalà ¢Ã¢â€š ¬Ã‚ .[4] He suffers from moderate learning difficulties, is partially deaf and suffers from a stutter and tic thus the question is whether this renders his state of mind so different to the ordinary personà ¢Ã¢â€š ¬Ã¢â€ž ¢s mind that it amounts to an abnormality. This determination of whether a defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s situation falls within diminished responsibility is a question of fact for the jury who will take into account medical evidence.[5] The jury may take into account Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s disabilities and the impact that they have upon his lifestyle when reaching their decision about his state of mind. The breadth of the phrase à ¢Ã¢â€š ¬Ã‹Å"abnormality of mindà ¢Ã¢â€š ¬Ã¢â€ž ¢ is accepted as conferring immense discretion upon the jury to reach a finding of diminished responsibility in cases which arouse their sympathy and in which they feel that the defendant should benefit from the discretion in sentencing which accompanies a verdict of voluntary manslaughter.[6] A lthough this has been demonstrated in relation to à ¢Ã¢â€š ¬Ã‹Å"mercy killingsà ¢Ã¢â€š ¬Ã¢â€ž ¢ of the terminally ill[7] and in relation to women who kill abusive partners,[8] it is not certain that the jury will be prompted to sympathy by Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s circumstances. For example, they may feel that his disabilities did not justify his self-imposed reclusive lifestyle and that he merely used them as a shield from the normal vicissitudes of life. If so, the jury could conclude that his state of mind was not sufficiently different from the ordinary person and his defence of diminished responsibility will fail. The level of discretion conferred upon the jury in relation to diminished responsibility mean that it is difficult to predict the likelihood of its success for Charlie. As such, it would be advisable to raise provocation as an alternative basis upon which the conviction for murder could be reduced to voluntary manslaughter. Provocation is defined in section 3 giving rise to a two-stage test. The first stage of the test is subjective and addresses whether the defendant was provoked, by things said or done, to lose self-control. This considers the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s reaction to provocative conduct. Charlie attacked Betty after she had forced her way into his home and shouted abuse. It has been held that this subjective limb requires that the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s loss of control must be both à ¢Ã¢â€š ¬Ã‹Å"sudden and temporaryà ¢Ã¢â€š ¬Ã¢â€ž ¢.[9] Here, Charlie tolerates Bettyà ¢Ã¢â€š ¬Ã¢â€ž ¢s abuse for a short period of time until he à ¢Ã¢â€š ¬Ã‹Å"suddenly snapsà ¢Ã¢â€š ¬Ã¢â€ž ¢ and grabs an ashtray to attack her. The use of the nearest object to hand as a weapon is indicative of a sudden response to provocative conduct[10] thus Charlie appears to satisfy the first subjective limb of the test of provocation. The second limb of provocation poses the objective question of whether the reasonable man would have been provoked and acted as the defendant did in attacking the victim. This provides a benchmark of the level of self-control expected of reasonable members of society and, historically, placed a brake on the availability of the defence. However, the House of Lords in Smith adopted a liberal approach to the characteristics that are attributed to the reasonable man which, arguably, negated its limiting qualities.[11] In Smith, the House of Lords held that the reasonable man should be given any characteristics of the defendant that affected his ability to exercise self-control. Following this approach, the reasonable man would be 28-year-old man with learning difficulties and some disabilities who leads a reclusive life and who, presumably, shies away from unpleasant situations. The question is then asked whether such a person would have been provoked by Bettyà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct. Given that the reasonable man has all of Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s characteristics and he was certainl y provoked, it is likely that the answer to this question would be à ¢Ã¢â€š ¬Ã‹Å"yesà ¢Ã¢â€š ¬Ã¢â€ž ¢ which suggests that the defence of provocation would succeed. However, although Smith is a decision of the House of Lords, it was held to be wrongly decided by the Privy Council in the recent case of Holley.[12] The Privy Council cannot overrule a decision of the House of Lords so Smith should remain authoritative but the Court of Appeal refused to apply it recently, preferring the more restrictive approach in Holley.[13] Therefore, it may be that Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s case will be decided on the basis of the narrower approach advocated by the Privy Council in which the characteristics are only attributed to the reasonable man if they were the subject-matter of the provocation. Here, Betty taunted Charlie using the words à ¢Ã¢â€š ¬Ã‹Å"degenerateà ¢Ã¢â€š ¬Ã¢â€ž ¢, à ¢Ã¢â€š ¬Ã‹Å"idiotà ¢Ã¢â€š ¬Ã¢â€ž ¢ and à ¢Ã¢â€š ¬Ã‹Å"retardà ¢Ã¢â€š ¬Ã¢â€ž ¢. Following Holley, only ch aracteristics indicative of low intelligence and mental and moral inferiority will be attributed to the reasonable man which could reduce Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s prospects of a successful plea of provocation. However, as the law in this area is clearly in a state of uncertainty, it may be that the courts would apply the more favourable approach from Smith thus improving Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s chances of avoiding a conviction for murder. However, even if the narrower test were used, it is possible that a jury may decide that a reasonable man with characteristics pertinent to Bettyà ¢Ã¢â€š ¬Ã¢â€ž ¢s taunts would have lost control and acted as he did in which case his plea of provocation will succeed and reduce his liability to voluntary manslaughter. Ultimately, the success of a defence to murder will hinge upon the juryà ¢Ã¢â€š ¬Ã¢â€ž ¢s evaluation of Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s state of mind in relation to diminished responsibility (a question of fact) and the test used b y the courts to determine the characteristics attributable to the reasonable man for the purposes of provocation (an issue of law). Derek shot Arthur to prevent him reporting Bettyà ¢Ã¢â€š ¬Ã¢â€ž ¢s death to the police. As such, he intentionally caused Arthurà ¢Ã¢â€š ¬Ã¢â€ž ¢s death thus giving rise to prima facie liability for murder. It is difficult to identify basis for a defence of diminished responsibility as Derek is described as being à ¢Ã¢â€š ¬Ã‹Å"in fine healthà ¢Ã¢â€š ¬Ã¢â€ž ¢ which is not compatible with a finding that he is suffering from any abnormality of mind arising from one of the specified causes.[14] As such, Derek will need to rely upon provocation to reduce his liability to voluntary manslaughter but this may also be problematic due to the requirement that the defendant suffers a sudden and temporary loss of self-control.[15] Derek has not hit out in the heat of the moment but has appraised the situation before him and made a decision about a course of action. He has found his gun and loaded it before going to find Arthur, actions which suggest deliberation and planning rather than an uncontrollable reaction to external pressure which is at the heart of the defence of provocation. The courts have traditionally maintained that a à ¢Ã¢â€š ¬Ã‹Å"cooling offà ¢Ã¢â€š ¬Ã¢â€ž ¢ period is incompatible with the defence of provocation because it indicates that the defendant has had an opportunity to regain his composure and exercise control over his actions.[16] However, there is judicial recognition that a lapse in time between the provocative conduct and the killing is not always fatal to the availability of the defence, provided that the defendant was not in control at the time of the killing.[17] This has been particularly successful in à ¢Ã¢â€š ¬Ã‹Å"last strawà ¢Ã¢â€š ¬Ã¢â€ž ¢ cases in which the final provocative act appears insignificant unless viewed in the context of the history between the defendant and the victim.[18] However, it is unlikely that the court would take account of the previous animosity between the neighbours in light of Derekà ¢Ã¢â€š ¬Ã¢â€ž ¢s use of a gun, particularly against the husband of the man who has just been killed by his son. Moreover, Derek is a former soldier so can be presumed to know, more so than the ordinary man, of the fatal effects of gunshot wounds, so it is difficult to conceive that his actions are anything other than a deliberate killing in an attempt to obscure his sonà ¢Ã¢â€š ¬Ã¢â€ž ¢s crime. Given the degree of planning involved, the requirement of a sudden and temporary loss of control would not be satisfied and Derekà ¢Ã¢â€š ¬Ã¢â€ž ¢s defence of provocation will fail rendering him liability for a conviction for murder. Word Count: 1500 words Question 2 In 2003, the Home Secretary requested that the Law Commission report on the operation of the partial defences to murder with a view to ascertaining whether they were in need of reform. In particular, i t was to be considered whether, in light of the degree of overlap created by case law (particularly the House of Lords decision in Smith), the two defences should remain separate or be subsumed into a single defence. This issue is demonstrated in relation to Charlie as the same facts give rise to potential reliance on both diminished responsibility and provocation. The codification of the partial defences to murder in the Homicide Act 1957 was a specific attempt to add clarity and coherence to an area of law which, as a result of piecemeal common law developments, was in a state of some disarray. Concerns were particularly pressing following the execution of Ruth Ellis when it appeared that either diminished responsibility or provocation could have provided a defence.[19] The review of the law which followed led to the defences being put upon a statutory footing with the express intention that they should have a separate realm of operation. In other words, it was intended that pr ovocation would be available to those who had killed as a response to external stimuli whereas diminished responsibility would be applicable to those whose internal disorders led them to kill. This bifurcation on the basis of internal and external causes was always fraught with the potential for confusion as it is possible that a person with a mental abnormality (internal cause: diminished responsibility) would kill in response to external provocation.[20] Such situations caused case law to create significant overlap between the defences. In many respects, it should not have been problematic; provocation provides a benchmark of the level of self-control expected of the reasonable person in society by including a second objective requirement that must be satisfied if the defence is to succeed.[21] As the reasonable person is not suffering from an internal abnormality, they would not have reacted in the same way as the defendant thus provocation is will not be available but the def endant may rely instead upon diminished responsibility. In other words, the very factor that removes the availability of provocation from the defendant will form the basis of a defence of diminished responsibility. Seen in this sense, there is no reason why the defences could not have had a mutually exclusive sphere of operation. If this had remained the position, Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s mental condition would have precluded him from reliance upon provocation and left him reliant on the availability of diminished responsibility. This raises two problems; firstly, the degree of discretion given to the jury to determine the availability of diminished responsibility made it an unpredictable defence that could be denied to even the most disturbed defendant[22] and, secondly, diminished responsibility has connotations of mental illness which many defendants were keen to avoid, preferring reliance on provocation which placed responsibility on factors outside the control of the defen dant. This was pertinent in relation to women who killed abusive partners; if the defendant was required to rely upon diminished responsibility, this suggested that the fault lay within their mentality rather than with the actions of a violent abuser who had pushed them beyond control.[23] In response, case law broadened the scope of provocation by increasing the characteristics of the defendant which were attributed to the reasonable man.[24] In particular, it was considered important to ensure that those possessed of lower levels of self-control as a result of mental illness were not deprived of the defence merely because the reasonable person would not be afflicted with an equivalent disorder.[25] This was a matter of particular concern for the Law Commission who made reference to the controversy created by the House of Lords decision in Smith which was seen as a means to à ¢Ã¢â€š ¬Ã…“enable a defendant to rely on personal idiosyncrasies which make himà ¢Ã¢â€š ¬Ã‚ ¦more sh ort-tempered than other peopleà ¢Ã¢â€š ¬Ã‚ .[26] The Law Commission gave close consideration to whether the two defences should be amalgamated into a single defence that contained elements of both as recommended by Mackay and Mitchell.[27] They rejected this approach[28] and formulated a proposed definition of provocation that would reassert the emphasis on the defence as a response to external pressure whilst underplaying the individual characteristics of the defendant.[29] The delineation between the internal and external compulsions to kill was further reinforced by the recommendation that the law of diminished responsibility should be left unchanged.[30] Accordingly, the Law Commission has sought to return to the position that was originally envisaged whereby each defence would have a separate realm of operation. According to the proposals, the law on provocation should be reformulated to apply only when the defendant has acted in response to à ¢Ã¢â€š ¬Ã‹Å"gross provoca tionà ¢Ã¢â€š ¬Ã¢â€ž ¢ which is defined as à ¢Ã¢â€š ¬Ã‹Å"words or conduct or a combination [thereof]à ¢Ã¢â€š ¬Ã‚ ¦which caused the defendant to have a justifiable sense of being wrongedà ¢Ã¢â€š ¬Ã¢â€ž ¢ or a à ¢Ã¢â€š ¬Ã‹Å"fear of serious violenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ or these two factors combined.[31] If the defendant has responded to gross provocation, he will have a defence only if à ¢Ã¢â€š ¬Ã‹Å"a person of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s age and ordinary temperament, i.e. ordinary tolerance and restraintà ¢Ã¢â€š ¬Ã¢â€ž ¢ might have reacted in the same or a similar wayà ¢Ã¢â€š ¬Ã¢â€ž ¢.[32] If this approach to provocation were enacted, the outcome in relation to Charlie may well have differed as it is likely to have placed the defence further from his grasp than even the reformulated test proposed by the Privy Council in Holley.[33] It is questionable whether Bettyà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct would amount to à ¢Ã¢â€š ¬Ã‹Å"gross provocationà ¢Ã¢â€š ¬Ã¢â€ž ¢. Could Charlie have a à ¢Ã¢â€š ¬Ã‹Å"justifiable sense of being wrongedà ¢Ã¢â€š ¬Ã¢â€ž ¢ when Betty is merely complaining, albeit in vehement terms, about the noise he has created and objecting to the serious health risk posed by his tendency to leave rubbish in the vicinity of her home? The mere inclusion of a à ¢Ã¢â€š ¬Ã‹Å"justifiableà ¢Ã¢â€š ¬Ã¢â€ž ¢ requirement is indicative of the modification of the subjectivity and is tantamount to importing a reasonableness requirement into the first, as well as the second, limb of the test of provocation. Of course, the definition does extend the defence of provocation to those who act out of fear of violence (a questionable extension in light of the Law Commissionà ¢Ã¢â€š ¬Ã¢â€ž ¢s later discussion of self-defence)[34] and this could provide a basis to strengthen Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s case in terms of reliance on provocation. Betty has been banging on the door for half-an-hour, a fair indication of a high level of anger, annoyance or other negat ive emotion, and has forced her way into this home, shouting as she does so. This may well be sufficient to engender a à ¢Ã¢â€š ¬Ã‹Å"fear of violenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ in anyone, let alone someone as timorous as Charlie who is known to avoid leaving his home due to his dislike of being teased by local boys. Therefore, although the reformulation of provocation in terms of conduct that engenders a à ¢Ã¢â€š ¬Ã‹Å"justifiable sense of being wrongedà ¢Ã¢â€š ¬Ã¢â€ž ¢ may weaken Charlieà ¢Ã¢â€š ¬Ã¢â€ž ¢s prospects of success, the inclusion of the à ¢Ã¢â€š ¬Ã‹Å"fear of violenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ requirement seems to strengthen it. Overall, it seems reasonable to assert that Charlie would have a fair chance of satisfying this first limb of the proposed test of provocation. The second limb of the proposed test seems to obviate any prospect of reliance upon provocation by Charlie as it is based upon the powers of restraint and temperament of the ordinary person. The Law Commission propo sals elaborate on the meaning of this requirement, making it clear that the only characteristics that are attributable to the à ¢Ã¢â€š ¬Ã‹Å"ordinary personà ¢Ã¢â€š ¬Ã¢â€ž ¢ are those arising from the provocation and not those à ¢Ã¢â€š ¬Ã‹Å"whose only relevance is to the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s ability to exercise self-controlà ¢Ã¢â€š ¬Ã¢â€ž ¢. Accordingly, the Law Commissionà ¢Ã¢â€š ¬Ã¢â€ž ¢s view of the objective limb is largely in accord with the view of the Privy Council in Holley and represents a return to a narrow approach to provocation. The narrowing of provocation proposed by the Law Commission would do nothing to improve the position of Derek who would not have a defence under the existing law. It is difficult to see how Arthurà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions in reporting Charlie to the police for killing Betty could be perceived as à ¢Ã¢â€š ¬Ã‹Å"gross provocationà ¢Ã¢â€š ¬Ã¢â€ž ¢. Overall, the Law Commission proposals regarding the interplay of provocation and diminished responsibility seek to restore the delineation between the defences[35] and rectify the weakening of the objective benchmark in provocation caused by the House of Lords decision in Smith; a process that has been effected to a certain degree by the condemnation of this decision as flawed by the Privy Council.[36] The overall aim of the criminal law in relation to homicide offences is to reflect degrees of culpability by facilitating differentiation between murder and manslaughter.[37] Whilst it is right that it is less blameworthy to kill in the heat of the moment in response to some external pressure than it is to engage in calculated and cold-blooded killing, there needs to be some limitation on the availability of provocation or the distinction becomes meaningless.[38] The Law Commission proposals restrict the availability of provocation by reinstating the objective requirements that have been eroded by case law. Word Count: 1500 words Case List Attorney-Gener al for Jersey v. Holley [2005] 3 All ER 371 Luc Thiet Thuan v. R [1996] 3 WLR 45 R v. Alhuwalia [1992] 4 All ER 889 R v. Baillie [1995] Crim LR 739 R v. Bryne [1960] 3 All ER 1 R v. Duffy [1949] 1 All ER 932 R v. Hayward (1833) 6 C P 157 R v. Humphreys [1995] 4 All ER 1008 R v. King [1965] 1 QB 443 R v. Mohammed [2005] EWCA 1880 R v. Moloney [1985] AC 905 R v. Morhall [1996] AC 90 R v. Price (1971) The Times 22 December R v. Smith (Morgan) [2000] 3 WLR 654 R v. Thornton [1992] 1 All ER 306 Bibliography Allen, M., (2003) Textbook on Criminal Law, 7th ed., Oxford: Oxford University Press Chalmers, J., à ¢Ã¢â€š ¬Ã‹Å"Merging Provocation and Diminished Responsibility; some Reasons for Scepticismà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2004] Criminal Law Review 198 Clarkson, C.M.V. and Keating, H.M., (2003) Criminal Law: Text and Materials, 5th ed., London: Sweet Maxwell Elliot, C., à ¢Ã¢â€š ¬Ã‹Å"What Future for Voluntary Manslaughter?à ¢Ã¢â€š ¬Ã¢â €ž ¢ [2004] Journal of Criminal Law 253 Gale, C. and James, A., à ¢Ã¢â€š ¬Ã‹Å"Provocation: Law at Time of Trial Relevantà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) Journal of Criminal Law 96 Herring, J., (2004) Criminal Law: Text, Cases and Materials, Oxford: Oxford University Press Law Commission Report 290 (2003) Partial Defences to Murder Mackay, R.D. and Mitchell, B.J., à ¢Ã¢â€š ¬Ã‹Å"Provoking Diminished Responsibility: Two Pleas Merging Togetherà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2003] Criminal Law Review 745 Nourse, V., à ¢Ã¢â€š ¬Ã‹Å"Passionà ¢Ã¢â€š ¬Ã¢â€ž ¢s Progress: Model Law Reform and the Provocation Defenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1997) 106 Yale Law Journal 1331 Padfield, N., (2004) Criminal Law, 4th ed., Oxford: Clarendon Law Press Thornton, P., à ¢Ã¢â€š ¬Ã‹Å"A New Look at Expert Testimonyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1995) New Law Journal 94 Wilson, W., à ¢Ã¢â€š ¬Ã‹Å"The Structure of Criminal Defencesà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2005] Criminal Law Review 108 1 Footnotes [1] R v. Moloney [1985] AC 905 [2] Section 2 Homicide Act 1957 [3] Section 3 Homicide Act 1957 [4] R v. Bryne [1960] 3 All ER 1 per Lord Parker [5] R v. Bryne [1960] 3 All ER 1 [6] Mackay, R.D. and Mitchell, B.J., à ¢Ã¢â€š ¬Ã‹Å"Provoking Diminished Responsibility: Two Pleas Merging Togetherà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2003] Criminal Law Review 745 [7] R v. Price (1971) The Times 22 December [8] R v. Alhuwalia [1992] 4 All ER 889 [9] R v. Duffy [1949] 1 All ER 932 [10] R v. Thornton [1992] 1 All ER 306; R v. Alhuwalia [1992] 4 All ER 889 [11] R v. Smith (Morgan) [2000] 3 WLR 654 [12] Attorney-General for Jersey v. Holley [2005] 3 All ER 371 [13] R v. Mohammed [2005] EWCA 1880 [14] R v. King [1965] 1 QB 443 [15] R v. Duffy [1949] 1 All ER 932 [16] R v. Hayward (1833) 6 C P 157 [17] R v. Alhuwalia [1992] 4 All ER 889; R v. Baillie [1995] Crim LR 739 [18] R v. Humphreys [1995] 4 All ER 1008 [19] Gale, C. and James, A., à ¢Ã¢â€š ¬Ã‹Å"Provo cation: Law at Time of Trial Relevantà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) Journal of Criminal Law 96 [20] R v. Smith (Morgan) [2000] 3 WLR 654; Luc Thiet Thuan v. R [1996] 3 WLR 45 [21] Section 3(1) Homicide Act 1957 [22] Thornton, P., à ¢Ã¢â€š ¬Ã‹Å"A New Look at Expert Testimonyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1995) New Law Journal 94 [23] Nourse, V., à ¢Ã¢â€š ¬Ã‹Å"Passionà ¢Ã¢â€š ¬Ã¢â€ž ¢s Progress: Model Law Reform and the Provocation Defenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1997) 106 Yale Law Journal 1331; R v. Alhuwalia [1992] 4 All ER 889; R v. Thornton [1992] 1 All ER 306 [24] Luc Thiet Thuan v. R [1996] 3 WLR 45; R v. Morhall [1996] AC 90 [25] R v. Smith (Morgan) [2000] 3 WLR 654 [26] Law Commission Report 290 (2003) Partial Defences to Murder, para. 3.20 [27] Mackay, R.D. and Mitchell, B.J., à ¢Ã¢â€š ¬Ã‹Å"Provoking Diminished Responsibility: Two Pleas Merging Togetherà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2003] Criminal Law Review 745 [28] Law Commission Report 209 (2003) Partial Defences to Murder, para. 3.166 [29] Law Commission Report 209 (2003) Partial Defences to Murder, para. 3.168 [30] Law Commission Report 209 (2003) Partial Defences to Murder, para. 5.86 [31] Law Commission Report 209 (2003) Partial Defences to Murder, para. 3.168 [32] Law Commission Report 209 (2003) Partial Defences to Murder, para. 3.168 [33] Attorney-General for Jersey v. Holley [2005] 3 All ER 371; R v. Mohammed [2005] EWCA 1880 [34] Law Commission Report 209 (2003) Partial Defences to Murder, para. 4.27 [35] Chalmers, J., à ¢Ã¢â€š ¬Ã‹Å"Merging Provocation and Diminished Responsibility; some Reasons for Scepticismà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2004] Criminal Law Review 198 [36] Attorney-General for Jersey v. Holley [2005] 3 All ER 371 [37] Elliot, C., à ¢Ã¢â€š ¬Ã‹Å"What Future for Voluntary Manslaughter?à ¢Ã¢â€š ¬Ã¢â€ž ¢ [2004] Journal of Criminal Law 253 [38] Wilson, W., à ¢Ã¢â€š ¬Ã‹Å"The Structure of Criminal Defencesà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2005] Criminal Law Review 108