Content warning: This article contains sensitive content
including texts on violence. We advise reader
discretion.
What is provocation? Generally, provocation is any wrongful act
or insult of a nature likely to deprive an ordinary person of their
self-control that results in them exhibiting violent behaviour.
Depending on the facts of the case, courts sometimes consider
the defence of provocation in Criminal Law. This is to determine if a person
is guilty of murder. Generally, a person raises this defence
because they lose control or they felt that their partner
"provoked" them for various reasons.
The use of the defence in murder cases has led to debate. People
argue that the defence leads to further injustice to the victims.
In Australia, Queensland and New South Wales (NSW) allow a partial
defence of provocation. This in turn reduces the crime of murder to
manslaughter (read the difference between murder and manslaughter
below).
