Principle

CRIMINAL LAW — Defences — Provocation — Not Available to Accused Who Was Aggressor

Area of law
CRIMINAL LAW
Court
Supreme Court

Provocation requires that the accused was provoked, not the provoker. The aggressor cannot claim provocation. The principle applies to all criminal cases. The court must examine who started the fight. The defence is unavailable if the accused instigated the violence. The rule prevents accused persons…

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