ABSTRACT
Stuart-Smith LJ: ... It is now well established that even if the defence do not raise the issue of provocation, and even if they would prefer not to because it is inconsistent with and will detract from the primary defence, the judge must leave the issue for the jury to decide if there is evidence which suggests that the accused may have been provoked; and this is so even if the evidence of provocation is slight or tenuous in the sense that the measure of the provocative acts or words is slight: see R v Rossiter [1994] 2 All ER 752 and R v Cambridge [1994] 2 All ER 760, [1994] 1 WLR 971 ...
