Defences - Provocation
Provocation is not a defence to a charge of assault. It can only be used as a defence to reduce a charge from murder to manslaughter. In any other case it cannot be used as a defence although, after conviction, it can be taken into account by the court when considering an appropriate penalty. This is where a person in the defendant's situation, and who has the defendant's characteristics, but possessed of ordinary self control, would be so affected by the victim's words and actions as to lose self control as the defendant did. Normally a defence of provocation will reduce the charge of murder to manslaughter.