Indirect provocation is not available as an excuse under s.34(1) of the NT Criminal Code, unlike the position under the Queensland and Western Australian Codes and at common law. Misdirected retaliation is excluded by s.34(1) unless the accused held an honest and reasonable but mistaken belief under s.32 that the victim was the provoker. The 'ordinary person' standard in s.34(1)(d) is to be applied by reference to the community of the accused, including Aboriginal communities with distinct cultural identities, following the Kriewaldt J line of authority. A lawful act may constitute a 'wrongful act' for provocation purposes if it is wrong by the ordinary standards of the community.
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