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Provocation case law
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Provocation in criminal law
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Provocation as a defence to assault
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What is provocation defence
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Examples of provocation cases
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Elements of provocation
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Why was the defence of provocation abolished
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How does provocation work in a criminal case?
Later, provocation became a legitimate partial defence for acts of violence. The premise is that a person, if sufficiently provoked, may lose a degree of self-control. When successful, the provocation defence can lead to a reduction in sentence or a lesser charge (for example, charges may be downgraded from murder to manslaughter).
When did Victoria abolish the provocation defence?
In October 2005 the Victorian State government adopted this recommendation, passing the Crimes (Homicide) Act and abolishing the provocation defence. In 2008 New Zealand man Clayton Weatherston was tried for the murder of his ex-girlfriend, Sophie Elliott.
Why are changes to provocation law overdue?
Changes to provocation defence law are overdue and will reassure women they are not mere chattels [belongings] to be disposed of if they anger men in their lives. Public opinion tended to follow the stance taken by the media, with considerable support for the abolition of provocation as a defence to murder.
Last Update: Oct 2021
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