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
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