Provocation (legal) - Definition and Overview

In jurisprudence, provocation is a possible defense by excuse; via which, a defendant may argue that they should not be held criminally liable for breaking the law, as they were provoked by an aggressor. While courts rarely agree that a successful demonstration of provocation should eliminate criminal charges, this may result in a mitigated sentence. This defense has been used with some success in cases dealing with domestic violence and barfights.

In Common Law jurisdictions such as the UK and several Australian states, the defense of provocation is only available against a charge of murder and only acts to reduce it to a manslaughter conviction. Such a conviction is often known as voluntary manslaughter. It is more serious than involuntary manslaughter, which comprises both criminally negligent manslaughter and unlawful and dangerous act manslaughter.

In some jurisdictions with Criminal Codes, such as the Australian states of Queensland and Western Australia, provocation also serves as a complete defence to assault-based offences such as assault occasioning bodily harm.