Published In

Dalhousie Law Review

Document Type

Article

Publication Date

2017

Subjects

Equality, Defence of Provocation

Abstract

Recent amendments to the defence of provocation have limited access to the defence to those who are provoked by conduct that, if prosecuted, would have been an indictable offence punishable by at least five years imprisonment. The paper argues that these amendments are both over- and under-inclusive and fail to confront the central problem surrounding provocation which is that it privileges loss-of-control rage often in the context of male violence against women or in response to same-sex advances. The paper supports the abolition of the defence of provocation but only if mandatory minimum sentences for murder are abolished providing trial judges sufficient discretion in sentencing to consider the relevance of provocation.

Included in

Criminal Law Commons

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