... there is any evidence of provocation, the trial judge must leave the issue to the jury (see s.3 above). In R V. Doughty (1986), the murder conviction of the accused who killed a 17 day old baby because she wouldn't stop crying, was quashed as the trial judge had refused to put the issue of provocation forward to the jury. If a long time has elapsed between the act of provocation and the retaliation, the defence will fail as there must be a "sudden and temporary loss of self-control"2 otherwise the "circumstances which induce a desire for revenge are inconsistent with provocation as...a desire for revenge means that a person has had time to think, to reflect and that would negative a sudden temporary loss of self-control...the essence of provocation."3 Thus in R V. Ibrams (1981), a delay of 5 days between the provocation and the attack ruled out the defence. Many critics have ...

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