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Words: 1,400 | Submitted: Mon Nov 26 2007
... then the charge will be reduced to manslaughter. Thus provocation is a partial defence. The defendant must show that he or she was provoked by something said or done to lose his or her self control and that a reasonable person would have acted in the same way. " Although provocation is a common law partial defence its operation is governed by section 3 of the 1957 Homicide Act which states where on a charge of murder there is evidence on which the jury can find that the person charged was provoked (whether by things said or by things done or by both together) to lose his self control, the question whether the provocation was enough to make a reasonable man do as he did shall be left to be determined by the jury: and in determining the question the jury shall take into account everything both done and said according ...
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