(i)
(ii)
who is under his or her immediate care; or
to whom he or she stands in a conjugal, parental, filial or
fraternal relation, or in the relation of master and servant,
to deprive him or her of the power of self-control and to induce him or her
to commit an assault of the kind which the person charged committed upon
the person by whom the act or insult is done or offered.
(2)
(a)
(b)
When such an act or insult is done or offered by one person—
to another; or
in the presence of another to a person—
(i) who is under the immediate care of that other; or
(ii) to whom that other stands in any such relation as aforesaid,
the former is said to give to that other provocation for an assault.
(3)
A lawful act is not provocation to any person for an assault.
(4) An act which a person does in consequence of incitement given
by another person in order to induce him or her to do the act and thereby to
furnish an excuse for committing an assault is not provocation to that other
person for an assault.
(5) An arrest which is unlawful is not necessarily provocation for an
assault, but it may be evidence of provocation to a person who knows of the
illegality.
194. Diminished responsibility.
(1) Where a person is found guilty of the murder or of being a party
to the murder of another, and the court is satisfied that he or she was
suffering from such abnormality of mind, whether arising from a condition
of arrested or retarded development of mind, or any inherent causes or
induced by disease or injury, as substantially impaired his or her mental
responsibility for his or her acts and omissions in doing or being a party to
the murder, the court shall make a special finding to the effect that the
accused was guilty of murder but with diminished responsibility.
(2) On a charge of murder, it shall be for the defence to prove that the
person charged was suffering from such abnormality of mind as is mentioned
in subsection (1).
(3)
Where a special finding is made under subsection (1), the court
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