Under s 160 of the Criminal Code (Tas), a de facto partner's scornful laughter upon being discovered in a sexually compromising situation, viewed in the context of the relationship history and the circumstances of the discovery, is capable of constituting an insult sufficient to deprive an ordinary person of the power of self-control. Provocation under s 160 need not emanate from the victim; where the person killed was a participant in the episode giving rise to the provocation, the defence may be left to the jury in respect of that killing. The proportionality of the response to the provocation is relevant but is a matter for the jury, not the judge, once the threshold question of capability is satisfied.
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