Provocation & Mitigation

[jw5]

These days, we read and hear of so many cases whereby someone physically harms someone else, or someone threatens someone else.

I wonder how much weight is put on whether the perpetuator was provoked in the first place. Would the fact there was provocation and the nature of the provocation be taken into account as mitigation? Would the details of any provocation even be heard by the court and taken into consideration?

While I'm all for punishing the perpetuator to the letter of the law, I think it's important to know whether and how he was provoked and for those who did the provocation to be punished as well.

Any comments or views?

 

[yansen84]

I suspect the one who provokes any such attack or threat on himself will be dealt with if the offence is in itself an crime under the law (racial abuse for example), but this is a matter best left to the lawyers among us.