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ARTICLE · 11 MAY 2024

Provocation in Western Australia: An overview

HHG Legal Group
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In Western Australia, provocation is a defence which can be used if you are charged with an assault.

AustraliaCriminal Law
Murray Thornhill
Murray Thornhill
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HHG Legal Group, Senior Associate,  Aaron Potts, discusses the use of provocation as a defence.

What is Provocation?

Provocation is a defence which can be used if you are charged with an assault. The defence Provocation is defined in section 245 of the Criminal Code Act Compilation Act 1913.

CRIMINAL CODE ACT COMPILATION ACT 1913.

What constitutes Provocation – 'the Elements'?

Element 1

The first element is to identify some sort of insult that the alleged victim hurled at you (or your partner, your child or a family member of yours), before you assaulted them, such as a racial slur, or some offensive and/or immoral behaviour which they engaged in towards you (or your partner or your child or a family member of yours). For example, making a sexual advance towards your partner in your presence. It is very important to note that if you encouraged the victim to do an act, the victim did that act and you then assaulted the victim, you can't argue that you

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