Development Of Defense Of Provocation

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the sanctity of human life with
recognition of the effect of provocation on human frailty. " In this regard the
difficult concept of the "reasonable man" or the "ordinary man" has developed
and with it the legal doctrine that provocation must be such as would not only
cause the person accused to behave as he did but as would cause an ordinary man
to so lose control of himself as to act in the same sort of way. It is therefore
interesting to examine how the doctrine of common law in relation to provocation
has responded to changing societal needs and values. It also provides a useful
case study in which the development of common law doctrine can be observed. It
is useful to conduct a case-by-case analysis of the rule of provocation as a
defence to murder in order to more effectively observe the legal evolution that
has taken place.
In the case of Mancini v DPP [1942] AC 1 the appellant had been
convicted for murder after stabbing a man to death in a club. The appellant's
counsel ...

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can ever be
regarded as so provocative to a reasonable man as to reduce to manslaughter
felonious homicide committed upon the speaker in consequence of such verbal
provocation." "Mere words" however were attributed with having more than one
meaning. There were words which were provocative by insulting or abusive
language, and words that conveyed information of a fact, or an alleged fact. In
regards to verbal abuse Viscount Simon made his opinion clear; "the law expects
a reasonable man to endure abuse without resorting to fatal violence," and in
regards to the admission of adultery he also expressed his opinion as "a sudden
confession of adultery without more can never constitute ...

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