Quote:
Originally Posted by Titan2
I'm not sure provocation is taken into account to the extent you think it is. I am pretty sure it does not form a defence. However, it could be taken into account when determining whether the accused had a reasonable belief that they were under physical threat and needed to defend themselves. I can't envision a scenario where provocation would alone justify violence without the fear of being assaulted. Unfortunately, it tends to bleed into the freedom-of-speech issue.
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Provocation is taken into account during sentencing.
For me, a lot of how I perceive this incident will depend on how they came to be in close physical contact. If the guy is being an ass but keeping his distance, this makes McKenna's actions worse. If the guy is the one who approaches McKenna, it makes his actions more understandable.