Contents

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JCL 68 (2004) 227

Law reports, transcripts, and the fabric of the criminal law-a speculation
Roderick Munday 

Thanks to the advent of searchable, computerised archives of unreported (but fully referenced) appellate decisions, anyone researching a legal problem today has ready access to a vast mass of previously concealed authorities. This article speculates on one of the troubling possibilities this cornucopia brings with it: namely, that if one surveys the full range of materials now accessible, one may actually need to reconfigure what were previously assumed to be settled bodies of knowledge. Using the soon-to-be-defunct similar fact evidence principles as an illustration, this article is not so much intended offer a proof of the thesis, but to throw out a teasing question that, in truth, goes to the root of English legal method.

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JCL 68 (2004) 244

Provocation-does Paria add anything useful?
Graeme Broadbent 

There has been much controversy in recent years relating to aspects of the partial defence of provocation. A particular issue has centred on whether, and in what circumstances, the defendant's characteristics can be taken into account with regard to his ability to exercise self-control. In the recent case of Paria v The State, an appeal originating from Trinidad and Tobago, the Privy Council was invited to apply the decision of the House of Lords in R v Smith (Morgan). In the event, the Privy Council declined to do so, but nonetheless made some observations on that case. This article considers the more fundamental question of whether the Privy Council should have been considering Smith at all, and argues that, for precedent-based reasons, it should not. It draws on criticisms made by other commentators to the effect that observations made by the Privy Council in Paria about Smith are not soundly based, and concludes that the case adds little of value to the law in either England and Wales or Trinidad and Tobago.

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JCL 68 (2004) 253

What future for voluntary manslaughter?
Catherine Elliot 

This article examines the Law Commission’s Consultation Paper, Partial Defences to Murder, which was published in June 2003. There are fundamental problems with the defence of provocation. The author suggests that this partial defence should therefore be abolished and replaced by a new partial defence of self-preservation. This could provide a defence where the offender, or another person with whom he or she is closely associated, has been repeatedly subjected to serious violence or tormenting behaviour. This conduct must have caused the offender to be in a state of severe emotional disturbance at the time of the killing.

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Links to other issues

Volume 65 (2001) :   1   2   3   4   5   6

Volume 66 (2002) :   1   2   3   4   5   6

Volume 67 (2003) :   1   2   3   4   5   6

Volume 68 (2004) :   1   2   3   4   5   6

Volume 69 (2005) :   1   2   3   4   5   6

Volume 70 (2006) :   1   2   3   4   5   6

Volume 71 (2007) :   1   2   3   4   5   6

Volume 72 (2008) :   1   2   3   4   5   6

Volume 73 (2009) :   1   2   3   4   6

Volume 74 (2010) :   1   2   3   4

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