Until 2005, those charged with murder could downgrade the charge to manslaughter using the provocation defence. This is no longer available in Victoria.

This defence was based around a person suddenly losing control due to being provoked, but was very controversial since it offered a defense for the person charged with the crime based on the actions of the victim of said crime.

While it is no longer accepted as a defence on its own, provocation is accepted as an element to consider when sentencing. If, for example, the person charged with a serious offence like murder or manslaughter was provoked into action (say a fight), then provocation was part of the offence, and is considered as a reduction in moral culpability. This cannot run into the realm of victim blaming, however, particularly when the plea is guilty.

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