PrincipleCRIMINAL LAW — Defences — Provocation — Premeditated Intent Incompatible with Defence of Provocation
- Area of law
- CRIMINAL LAW —
- Court
- Supreme Court
Provocation requires a sudden loss of control, not premeditated intent. If the accused acted with premeditation, the defence of provocation is unavailable. The principle applies to criminal law defences. The rule distinguishes between heat-of-the-moment reactions and planned actions. Evidence of planning or forethought negates provocation.…
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