Five years for this.
In Australia we now have in the courts challenging the defence of men saying.... well she wanted to leave me and it drove me crazy and I put my hands on her. Crazy defence. If she didn't say that, I would be OK. It has always been a defence that a non violent person could instigate their death by words. Still in the courts here.
Flinders, do you mean this but this talks about a violent person?
Snippets from article on this link:
http://theconversation.com/legal-lo...e-defence-of-provocation-needs-to-change-7957
Legal loophole protecting violent men: why the defence of provocation needs to change
The use of the partial defence of provocation serves to legitimise lethal domestic violence.
The successful use of the provocation defence in this context raises important questions should it remain as a partial defence to murder when arguably it trivialises the male perpetration of lethal violence against women?
Lethal provocation
Provocation acts as a partial defence to murder where a defendant successfully argues that they were provoked to use lethal violence.
Justifying abuse
The Stevens case highlights the problems associated with provocation in cases of intimate homicide. Despite a significant history of violence perpetrated against his wife, Stevens' defence was able to paint a portrait of her as an inadequate and unfaithful mother to counterbalance his own history of domestic violence and to ultimately justify killing her.
This is the law in NSW but I cannot find any defence that says "the other person drove me crazy so I felt justified to kill her and I am a non-violent person myself. "
I don't this would wash in OP's case as he has been violent before and there is no evidence of RS being unfaithful (as WH and FH were only friends) or violent herself that we know about.
I would like to see a case example of the murder defence you have referred to please.
Is it the same in South Africa?