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

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…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.