Provocation as a defence was available to a person who did not carry out the physical act leading to death in a case of murder. For provocation to be left to the jury under s.3 Homicide Act 1957 there had to be sufficient evidence to raise the issue, both as to provocation itself and loss of self-control.

CA (Crim Div) (Roch LJ, Potts J, Poole J)

05/02/1998