... the jury to answer the questions: (2) Was the defendant provoked to lose his self-control?, and (3) Was the provocation enough to make a reasonable man do as he did? 1. EVIDENCE OF PROVOCATION - Section 3 places an evidential burden on the defendant. He must raise sufficient evidence of provocation for the judge to leave the defence to the jury. Whether the defendant has produced sufficient evidence is a matter of law for the trial judge alone to decide. Since the 1957 Act, it has been capable for anything to constitute provocation, including words alone, actions by third parties, and provocation directed at third parties. For example: R v Acott [1997] - D appealed against his conviction for murder on the grounds that the judge had not put the issue of provocation to the jury. CA said there was no need for the judge to direct the jury on provocation unless there ...

See this essay or coursework document in full right now