... should direct the jury on provocation if there is evidence that it existed, even if the defendants did not raise the defence themselves. Provocative conduct has been described in the Homicide Act1957 as; things done or things said or both together'. This element has obviously been satisfied in Lara's situation as we are told that she received repeated abuse up to and until the night in when the murder was committed. The second element is the subjective test. Did the defendant actually lose their self-control? The loss of self-control must be due to a loss of temper; it was also later laid down in R v Duffy 1949 that the loss of self-control must be 'sudden and temporary'. In Lara's situation, her husband physically assaulted her, on the night in question, after which she went downstairs to make a cup of tea. It seems as though there is a time ...

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