Criminal Law: Assault, Sexual Assault, Homicide - Guides
Assault, Sexual Assault, Homicide
8. Provocation
Firm / Chambers:
Last updated: 19 Jun 2015
- The term ‘provocation’ generally refers to the sudden and temporary loss of control by a person as a result of a ‘triggering incident.’
- An example of a ‘triggering incident’ might be a parent who lost control when they saw their child about to suffer a serious act of violence from another person.
- In some jurisdictions provocation may be used to reduce a murder charge to manslaughter.
- In other states or territories it may give rise to an alternative charge such as defensive homicide.
- The rules regarding provocation are complex and vary greatly in each jurisdiction.
- The provocation must be such that it would cause an ordinary person to lose control and to act in the same way that the accused person did.
- The provocation must have caused the offender to lose control and the offence must have been committed while the offender lacked self-control and before they were able to regain their composure.
- A ‘triggering incident’ may not be required after a lengthy history of abuse such as a battered wife or a victim of persistent child sexual abuse killing the person who abused them.
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