A New Model of Provocation in New South Wales

This article outlines the law of provocation that currently applies in New South Wales and then develops a new model that explains the relationship between the accused and the ordinary person. This new model is based on the provisions of s 23 of the Crimes Act 1900 (NSW) and the High Court's decision in Green. It involves a simpler objective test and focuses on the question of the accused's loss of self control rather than the conduct of the deceased. It is less complex than the traditional model but remains consistent with judicial pronouncements on the role of the ordinary person in provocation.