... homosexual advances (Newell 1980), and the continual crying of a young baby (Doughty 1986) were all seen as sufficient provocation defences that should be considered by the jury. Provocation need not come from the victim as established in the case of Davies [1975], and self-induced provocation does not close the availability of provocation as a defence (Johnson 1989). In order for the defence of provocation to succeed the defendant must have lost self-control as a result of the provocation received at the time of the incident. There must be 'a sudden and temporary loss of self control, rendering the accused so subject to passion as to make him or her for the moment not master of his mind' (Duffy 1949). Loss of self-control does not have to be complete. It is enough that the defendant is not able to restrain himself from acting (Richens 1993). The longer the time lapse between ...

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