Exercise 004 | Law

Exercise 004

Provocation: R v McLachlan [2000] VSC 522 (27 November 2000)

click here to download this document
click here (AustLII link) to view the case

Easy questions

  1. What court was this case heard in? Where does it fit in the court hierarchy?
  2. Was this a civil or criminal case?
  3. Who appeared for the accused?
  4. What was the purpose and authority of the catchwords?
  5. What was the basis of the application?
  6. Who was the judge?
  7. Explain the following terms (from your legal dictionary):
    1. provocation
    2. self-defence
    3. corroboration

More difficult questions

  1. On what legal principle does the case rely?
  2. What did the judge mean when he discussed whether the issue of provocation should be 'left to the jury'?
  3. What were the relevant principles relating to self-defence?
  4. On what case did the judge rely in explaining the issues relating to self-defence?
  5. What cases did the judge refer to in relation to the issue of provocation?

Complex questions

  1. Explain the principles relating to corroboration.
  2. What material did the judge accept as corroborating the evidence given?
  3. What do you think of the judge's decision on the issue of self-defence?
  4. On what formulation of provocation did the judge rely?