Firstly, for a murder charge to be reduced to manslaughter provocation must be established, whereby the accused is found to be sufficiently provoked by his victim (deceased). The partial defence of provocation will succeed if the both …show more content…
Nonetheless, to reduce the criticism of such inference one would have to agree that characteristics of an ordinary person of the same age, race, culture and background as the accused should also be implemented to a degree, the process of randomly selecting jurors, ensuring diversity, should also reduce this scrutiny of the judiciary in Australia amongst the