Wednesday, July 22, 2009

The Defence of Provocation

Opinion



Provocation was used in the recent defence of Weatherston for stabbing Sophie Elliot 216 times.

There was also a recent case where "gay panic" was used as provocation successfully when a man became violent after alleged advances by a man, and killed him with extraordinary violence.

Is there a conflict between these findings? Is the defense of "provocation" being questioned due to this inconsistancy? Another question, if provocation is removed as a potential defense, since every case before the courts are defended, how would either of these cases be defended? Would it be murder vs justifiable homocide?

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