Criminal Law Policy in Relation to the Defence of Provocation

Abstract

All legal systems have had to address the difficult problem of deciding how to deal with the defence of provocation in the context of criminal cases. This defence is very frequently pleaded in relation to crimes of violence where either death or physical injury has been caused. It has been said that: “. . . the criminal law must strike a proper balance between the, protection of society from harmful conduct and ensuring justice and fairness to the individual accused”.