Principle

CRIMINAL LAW — Defences — Provocation — Whether Retaliation Must Be Proportionate to Provocation Offered

Area of law
CRIMINAL LAW
Court
Supreme Court

Provocation defence requires that retaliation be proportionate to the provocation offered. The test is the behaviour of the average man in the accused's community. The principle applies to criminal law defences. The rule prevents excessive force in response to provocation. The court assesses proportionality objectively…

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