W8 Provication

Question 1

What offence can provocation exclusively apply to?

Answer 1

Murder

Question 2

What will occur if the defence of provocation is accepted?

Answer 2

The charge is reduced from murder t manslaughter

Question 3

What is the R v Tran/Hill test for provocation? What questions are asked?

Answer 3

Would an ordinary person be deprived of self-control by the act?

Did the accused in fact act in response to those provocative acts; in short, was he/she provoked by them?

Was the accused’s response sudden and before there was time for his or her passion to cool?

Question 4

Are any of the elements of the Tran/Hill test objective?

Answer 4

Yes. The ordinary person question is modified objective. Whether or not the person was actually provoked is a question of fact, as is the third question

Question 5

Is provocation a justification?

Answer 5

No. It is an EXCUSE that lessens the offence from murder to manslaughter.

Question 6

Can anger be sufficient in isolation for provocation?

Answer 6

No. All other elements must be met.