criminal law assault and provocation

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Page 1: Criminal Law   Assault And Provocation
Page 2: Criminal Law   Assault And Provocation

Tom assaulted Bob

Tom assaulted Bob

Tom was provoked by Bob

Tom was provoked by Bob

Tom may not be criminally responsible

Tom may not be criminally responsible

Was Tom deprived of the power of self

control?

Was Tom deprived of the power of self

control?

YeYess

YeYess

NoNoNoNo

Did Tom act suddenly, before there was time

for his passion to cool?

Did Tom act suddenly, before there was time

for his passion to cool?

YeYess

YeYess

Was Tom’s force proportionate with the provocation?

Was Tom’s force proportionate with the provocation?

YeYess

YeYess

Was Tom’s force intended or likely to cause GBH or death?

Was Tom’s force intended or likely to cause GBH or death?

Page 3: Criminal Law   Assault And Provocation

TomTom

BobBob TomTom assaults BobBob

TomTom assaults BobBob

Bob reports Tom to the police, and Tom

is charged with Assault

Bob reports Tom to the police, and Tom

is charged with Assault

Tom says Bob squirted him in the face with water – “he

provoked me”

Tom says Bob squirted him in the face with water – “he

provoked me”