The Law Commission first recommended the repeal of provocation in 2001, in Some Criminal Defences with Particular Reference to Battered Defendants. In 2004, we were asked by the government to consider some further issues. This Report, The Partial Defence of Provocation (R98) addresses those issues. We have again concluded that section 169 of the Crimes Act 1961 should be repealed, thereby abolishing the partial defence of provocation in New Zealand. We believe that it will be preferable for provocation to be dealt with by judges solely as a sentencing issue.
