The defence of provocation does not apply in situations where ordinary people, sharing, if relevant, the same fixed characteristics as the accused, as to age, or sex, or pregnancy, or mental infirmity, or ethnic origin, or state of health, would be able to exercise self-restraint in the same background circumstances as apply to that accused.
per Charleton J in People (DPP) v McNamara [2020] IESC 34; Supreme Court, 26 June 2020 para 59
Discuss the development of the law on provocation in Ireland. Your answer should make reference to decided case law of note, along with any relevant academic material, reform proposals, or comparative sources.
PLEASE READ: You MUST NOT use any material that is derived from websites such as Wikipedia
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