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Defence of Provocation - Explain, by reference to relevant cases, how and why the courts have developed the defence of provocation in the 1957 Homicide act
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Suliman The Magnificent Defence of Provocation 'Explain, by reference to relevant cases, how and why the courts have developed the defence of provocation in the 1957 Homicide act' Provocation is only a partial defence to murder, and if successfully pleaded will lead to a charge of voluntary manslaughter instead (which doesn't carry a mandatory life sentence like murder, hence, the incentive to plead the lesser sentence). For other crimes, provocation is merely a mitigating factor to be taken into consideration when sentencing. Provocation had been a common law defence prior to the Homicide Act [1957], and the Act recognised and built on the old common law defence. The judge decides whether there is evidence of provocation for the defence to be left to the jury (Acott 1997). If there is evidence, which raises the possibility of provocation, the prosecution must then prove 'beyond reasonable doubt' that the accused was not provoked (Cascoe). Provocation can...
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