Abolishing Provocation — The Victorian Experience

Abstract

This book began with a detailed examination of the Ramage case (see Introduction). It is arguably one of the most infamous examples of the failings of the provocation defence. This was never clearer than in the Victorian criminal justice system where in the wake of the conviction and sentencing of James Ramage legal practitioners, members of the community and policy makers struggled to understand how a jury in the 21st century could have returned a verdict of manslaughter by reason of provocation, partially excusing the lethal actions committed.