R v Ahluwalia [1993]

Facts

  • Ahluwalia suffered through several years of domestic abuse from her husband
  • She ultimately ‘snapped’, poring petrol over her husband and setting it alight, burning him to death

Issue

  • Could Ahluwalia rely on the defence of provocation?

Decision

  • No

Reasoning

  • Ahluwalia’s response was the culmination of years of abuse, which did not fit within the definition of provocation
  • Ahluwalia was however, successful in appealing on the defence of diminished responsibility
  • Today, it is likely that Ahluwalia would be able to rely on the defence of loss of self-control
RELATED CASE  A-G Reference (No. 3 of 1994) [1997]

Posted in Criminal Law Revision Notes.

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