The Law of Provocation

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An Australian man has been sentenced to 6 years in prison after openly admitting to killing his wife because he did not like what she was saying.

So what was she saying that provoked her husband to kill her?

According to the man his wife had been telling him that she was leaving him.

His apparently ‘legally legitimate’ response to this news was to run into another room, grab a box cutter (AKA Stanley Knife), return to his wife, stab her, slice her throat open and willfully leave her to bleed to death while standing above her and watching her expire.

I don’t know about anybody else, but as far as I’m concerned, this  is an act of murder.

To have this murder ruled as a reasonable attack response to a verbal provocation begs the question:

 Since when does a wife attempting to have a discussion about ending a marriage become  grounds for murder?

Given the husbands Indian heritage one must also ask whether or not this is a case of Australian law turning its back on what would have be seen as an ‘honor killing’ in the husband’s home country?

So how does this happen?

Under the law in Australia there are acts understood as arising out of provocation.

Quite literally the idea is that one person can be provoked , verbally, into losing control of themselves and attacking another.

In the USA I think the equivalent term may be the claim of temporary insanity.

In this case  however, there are clear indications of fore thought. The man had to leave the room in which the ‘offending discussion’ took place to retrieve the box cutter he later used to kill his wife.

Given this, how can his murderous actions  not be seen as providing clear evidence of fore thought, planning and a willfully controlled act of  murder on his part?

 As far as I’m concerned this should never have been a case in which the law of provocation was applied.

It should never be seen that killing another person  because you do not like, or are offended  or hurt by what they are saying, provides an excuse for murder.

Especially if that other person is smaller, weighs less, is defenseless and is a woman.

To me, the ruling in this case sends out a very dangerous message to all would be domestic abusers.

What do you think?