The fatal provocation

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If the jury was satisfied that the defendant was provoked, the test was whether a reasonable person would have acted as the defendant did - an objective test. The conviction for murder was held unsafe because the accused's psychiatric condition stemming from the abuse should have been attributed to the reasonable person when the jury considered the application of the objective test. In R v Humphreys , [12] the defendant finally lost self-control after years of abuse and stabbed her partner. The evidence was that the deceased was drunk and taunted him by telling him that she had had sex with another man. The Court of Appeal held that section 3 of the Homicide Act provided that anything could amount to provocation, and there was no reason to exclude responsive actions provoked by the defendant. In R v Johnson , [22] the defendant had become involved in an escalating argument with the deceased and his female companion.

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