Against a charge of murder in an English court, a defendant may raise a partial defence of provocation. The Oxford Dictionary of Law (fifth edition) summarises this defence as: “Conduct or words causing someone to lose his self-control”. The loss of self-control must be at the time the defendant goes on to kill, and the provocation itself must be of such a nature than a “reasonable person” would likely have acted in the same manner.
If successful, provocation will reduce the crime for which the defendant is liable to manslaughter; which carries a far lower sentence. It cannot, however, ever fully discharge liability to the extent that a defendant will walk free.
Who Can Provoke?
Although in general, provocation will have come from the victim and it will be aimed at the defendant, this need not always be the case. In R v. Davies [1975], the court held that it is possible for a third party to cause the provocation, while R v. Pearson [1992] states that provocation can be aimed at a third party. The vital point is therefore that provocation is words or conduct that cause a loss of self-control in the defendant, regardless of their origin or who, if anyone, they were directed at.
- Sneddon Morrison Solicitors
- Harbottle Lewis Solicitors
- Solicitors Software
Software Solicitors & lawyers: Legal advice on software contracts and licenses. Specialist law firm experienced giving legal advice on software licensing agreements ...
- Cowlings Solicitors
Welcome to the Clifford Cowling & Co. Law Office page. Here you can find the address for the lawyers and solicitors of Clifford Cowling & Co., a map to Clifford ...
- Solicitors In North London
Local Immigration Lawyers in North London, contact us today to learn more.
