Essay Case note on ahluwalia - 1298 Words

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 â€Å"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 aShow MoreRelatedThe Effect of Positive and Negative Word-of-Mouth on Consumers’ Brand Evaluations1237 Words   |  5 Pagesconsumersâ€⠄¢ brand evaluations towards a product, as well as outlining factors that may be associated with impact. The Occurrence of Negative and Positive Information In 15 studies conducted, results indicated PWOM was more common than NWOM in every case (East amp; Hammond amp; Wright 2007). This notion has a logical explanation; products do not easily survive if they promote a dissatisfied reaction. As a result, unsatisfied products are removed from the marketplace and most product feedback isRead MoreDealing with a Product-Harm Crisis in a Corporation Essay examples1098 Words   |  5 PagesSimilarly, Siomkos specifies that organizations included in a Product-Harm Crisis are more inclined to be considered answerable for the inadequate item when they have a poor notoriety. Secondly is the company’s response to the crisis. According to (Ahluwalia, 2000) individuals presented with new data on a commonplace brand recognize positive news to be as demonstrative as negative data instead of new clients who have a tendency to weigh negative news all the more vigorously. Thirdly is the number andRead MoreThe Ground For Low Brand Trust Essay1518 W ords   |  7 Pagesresistance to information that attacks them, that is, the negative information about the brand (e.g.. Petty and Krosnick 1995) as cited in (Ahluwalia, Burnkrant, and Unnava, 2000) These finding opposes to the Merriam formula used to determine the impact of media exposure gives negative news quadruple with positive news (Kroloff 1988) as cited in (Ahluwalia, Burnkrant, and Unnava, 2000). Myers and Tingley (2011) suggest that negative emotions can lessen trust (if they produce low certainty appraisals)Read MoreStructure Of The Research: .Definition Of Brand Trust1494 Words   |  6 Pagesresistance to information that attacks them, that is, the negative information about the brand (e.g. Petty and Krosnick 1995) as cited in (Ahluwalia, Burnkrant, and Unnava, 2000) These finding opposes to the Merriam formula used to determine the media impact and gives negative news quadruple weight compared with positive news (Kroloff 1988) as cited in (Ahluwalia, Burnkrant , and Unnava, 2000) and coincides with the results from the fake news boom. Myers and Tingley (2011) suggest that negative emotionsRead MoreSudden Anger and Founding a Partial Defense to Murder Essay1894 Words   |  8 Pagescontrol is also a central aspect in the defence of provocation, which links back to the early development of the Homicide Law in the 14th Century when the difference was drawn between premeditated killings and hot- blooded killings2 In the case R v Betambeau (2001) the defendant stabbed and strangled his wife Stella to death when he lost control after she ‘nagged’ him over the way he cut a joint of beef. The judge at the Crown Court held I accept that your wife was a difficultRead MoreDeclaration On The Elimination Of Violence Against Women Defines Domestic Violence1846 Words   |  8 Pagesharm [3]. As reported in the Fornah case [4], common violent acts include Female genital mutilation, forced marriage, forced prostitution and sexual slavery. Mental violence also is now recognised as a form of violence as was established in Yemshaw v Hounslow London Borough Council [5]. Domestic violence is wrongly associated mostly with the female gender due to historic gender-based discrimination as mentioned by Bonita Meyersfeld in [2]. This is not usually the case, as children and men also have beenRead MoreReligious Experiences are all Illusions3185 Words   |  13 Pagesmove from experiences within the world to the existence of God rather than relying on the definition of God to prove his existence. Religious experience is an interaction with God or a feeling of connection with a higher power. It is interesting to note that William James never spoke of ‘God’ but of the ‘spiritual’, ‘unseen order’ or ‘higher’ aspects of the world. Does a person have to be sure they encountered God rather than connecting with a higher power for their experience to be classed as ’religiousRead MorePathways Through Financial Crisis7619 Words   |  31 Pagespercentage points since 1990 to 21.2 percent in 1996–1997. The predominantly state-owned banking sector had nonperforming loans that were only 8 percent of total loans. And while many countries were exposed to a common creditor country, this was not the case with India. The better fundamentals influenced expectations of crisis. In 1996, the IMF calculated that East Asian countries had balance-of-payments (BOP) crisis probabilities ranging from 25 percent for the Philippines to 65 percent for Thailand.Read MoreIndia After 20 Years8147 Words   |  33 PagesAgriculture and Allied Industry 2.5 3.5 4.7 2.0 1.9 3.0 3.0 5.3 7.1 7.6 4.4 8.0 6.6 6.5 Services 4.5 6.7 7.6 8.2 8.9 8.2 7.4 GDP 3.6 5.6 6.7 5.5 7.0 6.4 5.9 GDP per capita 1.4 3.4 4.6 3.6 5.3 4.4 3.8 Source: CSO . Note: Industry includes Construction. At the same time, one should not forget that the GDP growth rate of 3.6 percent was four times greater than the 0.9 percent growth estimated for the previous half century of British colonial rule (Table 2). MoreoverRead MoreProvocation as a Defence Essay1955 Words   |  8 Pagesof murder, the Courts have prepared to accept a series of partial defences to murder. The mandatory life sentence is often seen as unfair, as it does not allow for the circumstances of the case, and can often lead to juries returning ‘not guilty’ verdicts, in particularly emotional cases where they do not believe the defendant qualifies as ‘murderer’. The defences introduced are considered special defences, in that they are only available to defendants charged with murder