Common Law - Development of Defence of Provocation. Refers to the case of Mancini

Question: Critically evaluate the development of common law principles applicable to the defence of provocation in criminal law from the decision in Mancini v DPP [1942] AC 1 to Mascantonio v R (1995) 183 CLR 58. Assess the degree to which the common law has proved inflexible in responding changing societal needs and expectations. Are there other legal means of achieving substantive justice?         At the time of the case of Mancini the concept of provocation as a defence to murder …

…the law is an ass, and, if not consciously, at least subconsciously, they would dismiss such refinements and decide as they thought to be fair and just in the circumstances.' What Justice Murphy failed to explore is the possibility that the same rule may apply to the Judiciary, and it is this observation which suggests that substantive justice will manifest itself in our legal system a high proportion of the time. Word Count: 2021 Words.