The four components of the defence of provocation are:
(1) there must be a wrongful act or insult;
(2) the wrongful act or insult must be sufficient to deprive an ordinary person of the power of self-control;
(3) the accused must have acted in response to the provocation; and
(4) the accused must have acted on the sudden before there was time for his or her passion to cool.
In this area, a contextual analysis is very important. Putting the matter into its contextual perspective may assist in breathing an “air of reality” into the provocation defence.
William Poulos, Barrister
* This blog is not a substitute for legal advice. Should you require legal advice, a lawyer should be consulted to advise on the specific circumstances of your case.