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Critically examine the defence of provocation. Including the implications of the House of Lords' decision in Morgan Smith [2000]
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Critically examine the defence of provocation. Including the implications of the House of Lords' decision in Morgan Smith [2000] 3 WLR 654. The defence of provocation is a partial defence, pertinent only to murder. If successfully pleaded, liability is reduced to manslaughter. For the defence to succeed there are three requirements: (i) There must have been some act(s) or word(s) of provocation (ii) The defendant must have lost his self control (iii) The circumstances must be such that a reasonable man would have reacted as the defendant did, the requirements come into light from section 3 of the Homicide Act 1957. However great contention arises over the latter two requirements, which remain highly subjective and value laden on discussion. The excusing element of the doctrine of provocation is derived from the subjective requirement - evidence that D was provoked to lose self-control. Reason being to exonerate the individual from the murder...
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