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.
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Famous quotes containing the word provocation:
“The vice named surrealism is the immoderate and impassioned use of the stupefacient image or rather of the uncontrolled provocation of the image for its own sake and for the element of unpredictable perturbation and of metamorphosis which it introduces into the domain of representation; for each image on each occasion forces you to revise the entire Universe.”
—Louis Aragon (1897–1982)