Men behaving badly: Current issues in provocation, automatism, mental impairment and criminal responsibility

Abstract

This article sets the scene for the ensuing two articles in this edition by exploring the current legal framework for raising evidence of particular mental states in homicide trials. It examines three case studies of men who were charged with the murder of their estranged partners. The circumstances of each case were similar the woman had left the relationship and the accused was unable to accept that fact; however, the outcome of each trial for murder differed substantially because of the evidence led. Through analysing these cases and the current law relating to provocation, automatism and mental impairment, the author identifies two essential questions that need further exploration: Shoul..