Self-Control in the Modern Provocation Defence

TitleSelf-Control in the Modern Provocation Defence
Publication TypeJournal Article
Year of Publication2007
AuthorsHolton, R, Shute, S
JournalOxford Journal of Legal Studies
Volume27
Pagination49-73
Abstract

Most recent discussion of the provocation defence has focused on the objective test, and little attention has been paid to the subjective test. However, the subjective test provides a substantial constraint: the killing must result from a provocation that undermines the defendant's self-control. The idea of loss of self-control has been developed in both the philosophical and psychological literatures. Understanding the subjective test in the light of the conception developed there makes for a far more coherent interpretation of the provocation defence. It also makes clear just how radical various proposals for reform of the defence would be