Act of provocation...
The legal situation towards revenge in New Zealand is the same as in Britain. Proof of provocation may reduce a murder charge to that of manslaughter. However, for this to happen, the provocation must temporarily deprive the provoked person of the power of self control. Provocation will never justify an unqualified acquittal on a charge of murder, writes Jennifer Hamilton. Finding your husband or wife in the act of adultery
is regarded as sufficient provocation to reduce a murder charge to manslaughter. Mere suspicion or a confession is not sufficient provocation. In addition, provocation must be gauged in terms of what a reasonable man would do, and in a socialcultural context. The act should have been taken in the heat of the moment if provocation is to be used as a defence or mitigating factor. According to Sir Francis Adams in “Criminal Law
and Practice in New Zealand,” a desire for revenge is regarded as inconsistent with this defence. The conscious formulation of such a desire implies time to think and negates a sudden, temporary loss of selfcontrol. A sudden passion of anger is not sufficient, he said. Provocation may not be used as a defence to charges other than murder. It may, however, be used as a mitigating factor in sentencing and often reduces the penalty.
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Bibliographic details
Press, 16 August 1978, Page 21
Word Count
220Act of provocation... Press, 16 August 1978, Page 21
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