- Published on
KembaraXtra-Case Law-Thornton (No. 2) (1995)
Context: This case is a sequel to Thornton (No. 1) (1992). New evidence emerged concerning the defendant's mental state.
Key Facts:
Context: This case is a sequel to Thornton (No. 1) (1992). New evidence emerged concerning the defendant's mental state.
Key Facts:
- Defendant (D) now presented evidence of:
- Personality disorder.
- Suffering from "battered woman syndrome."
- D was found not guilty of murder. A retrial was ordered.
- Crucial Point: Even with "battered woman syndrome," D must demonstrate a sudden and temporary loss of self-control at the time of the killing to successfully argue provocation.
- Background Context: "Battered woman syndrome" provides essential background context to the actus reus. It helps the jury understand the situation.
- Trigger for Loss of Control: The jury may be more inclined to find a sudden loss of control, even if triggered by seemingly minor events, given the defendant's history of abuse. The accumulated abuse can make even small triggers sufficient for a loss of control.
- Defendant's Characteristics: "Battered woman syndrome" may have significantly altered the defendant's personality. This is relevant to the jury's assessment of the second question regarding provocation (objective test of gravity of provocation).
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