Automatism and Provocation
To constitute a provocation, there must be a sudden and unexpected loss of control as a result of things said or done but the accused is still capable of activity which is sufficiently directed to cause the death of another. Hence, there is insufficient loss of control to constitute automatism e.g. as in the Canadian case of Bert Thomas Stone v R (1999) . Provocation is only a partial defence, a concession to human frailty, and not a complete defence like automatism.
Read more about this topic: Automatism (case Law)
Famous quotes containing the word provocation:
“For I choose that my remembrances of him should be pleasing, affecting, religious. I will love him as a glorified friend, after the free way of friendship, and not pay him a stiff sign of respect, as men do to those whom they fear. A passage read from his discourses, a moving provocation to works like his, any act or meeting which tends to awaken a pure thought, a flow of love, an original design of virtue, I call a worthy, a true commemoration.”
—Ralph Waldo Emerson (1803–1882)