What is the legal test applied in the defence of provocation in a drunkenness context?
Alberta, Canada
The following excerpt is from R. v. Fraser, 1980 ABCA 328 (CanLII):
This does not prevent a consideration of drunkenness in respect of the second subjective test applied in the defence of provocation as explained in Olbey v. The Queen 105 D.L.R. (3d) which I quote from later in this judgment.
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