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Provocation Essay For a person to be criminally liable they must be commit the relevant prohibited act, or omission; the actus reus, and also be in the requisite mental state; mens rea, and also have no valid defence. Defences available cover situations such as insanity, duress or intoxication. However the Courts have accepted that there are situations in which a defendant has committed the relevant actus reus for murder, and also displayed thee relevant mens rea, and does not have a reasonable defence, however in the interests of giving the judges discretion and avoiding the mandatory life sentence dictated by a verdict of murder, the Courts have prepared to accept a series of partial defences to murder. The mandatory life sentence is often seen as unfair, as it does not allow for the circumstances of the case, and can often lead to juries returning 'not guilty' verdicts, in particularly emotional cases...

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