preview

Persuasive Essay On Provocation

Satisfactory Essays
There are many issues with provocation, however one of the main problems is the misuse of the defence when putting it forward in court. It is most commonly misused by men who have killed their partners for infidelity, or during a fight, to downgrade their murder charges to manslaughter. An example of this, is the case of Damian Sebo (R v Sebo [2007] QCA 426). In this case, Damian Sebo attacked his 16-year-old ex- girlfriend Taryn Hunt over the head with a steering wheel lock, after she taunted him with claims that she had been cheating on him. At first Sebo claimed he had nothing to do with her murder, however later confessed, stating it was all her fault, that her taunts and manipulation had provoked him into doing it. Two days later she was…show more content…
Specifically, provocation acknowledges that humans cannot help being emotional at times, especially when they are being harassed or abused to the point of losing control. As Criminal Lawyer Sam Horton stated ““It was introduced with domestic violence victims in mind, so the person who believes they had to kill a person in defense of themselves…would use this [defense of Provocation] as opposed to murder.” This is an example of how provocation was introduced to recognise our humanity as a society, by allowing exceptions when actions are based upon fundamental human nature. When used correctly, provocation is a fair and effective defence that meets the needs of society, and allows flexibility in sentencing for varying severity in crimes.

Nonetheless, considering the issues around misuse of the defence, many argue that it would be it would be ideal to abolish Provocation entirely. However, this is a timely process, and adjustments to other laws should be made until it can be excluded.

Adjust self defence
Create consistency
Amendment to self
Get Access