Perhaps I can enlighten the hon. and learned Gentleman. Section 3.144 of the Law Commission's report, on page 65, states:""Under our approach provocation should not be left to the jury in such a case because we do not see how any reasonable jury, properly directed, could conclude there had been gross provocation or that a person of ordinary tolerance and self-restraint might have acted in the same way as the defendant.""
Perhaps the hon. and learned Gentleman would like to look at the report in a little more detail.
Coroners and Justice Bill
Proceeding contribution from
Claire Ward
(Labour)
in the House of Commons on Monday, 9 November 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
499 c87 
Session
2008-09
Chamber / Committee
House of Commons chamber
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