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Establishing the defence of Provocation in the Homicide Act 1957 A high proportion of assaults and homicides occur in situations where the victim precipitates the event by words or deeds. Self-defence is not available since the defendant's response is not proportional to the acts of the victim, which may, perhaps, consist simply of a minor assault or even merely words. But where people are physically or sexually abused, taunted or jeered at and then react with violence towards the aggressor, though we might not consider such provocation as justifying the conduct, we might see it as reducing the blame to be attached to the act and as a partial and limited excuse. But English law holds that such provocation cannot be taken into account in those crimes causing injury short of death - including attempted murder. In any non-fatal offence, it is only a factor in the mitigation of sentence and...

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