Question
Sally is married to Dave, but she is having an affair with Steve, Dave's best friend. After Dave discovers the affair, he threatens Sally, who
Sally is married to Dave, but she is having an affair with Steve, Dave's best friend. After Dave discovers the affair, he threatens Sally, who decides to leave him. About one month after Sally moves out, she and Steve are having a drink in a public bar. Dave walks in and sees Sally and Steve together. Upon seeing Dave, Steve puts his arms around Sally and tells Dave that Sally left him (Dave) because he was a "lousy lover." Steve also points a gun at Dave and tells him to "get lost." Dave then takes out a knife that he had with him (Dave always carries a Swiss army knife) and stabs Steve to death. Dave is charged with murder. During his trial he testified that Steve knew that in the past Dave sought treatment for sexual dysfunction. Dave also states that Steve's comment made him so angry that he simply "lost control." Dave asserts a defence of provocation. Is it likely that this defence would be successful at Dave's trial? Please note the fact that Steve pointing a gun at Dave constitutes an indictable offence punishable by at least 5 years imprisonment.
In answering this question refer to the criteria outlined in section 232 of the Criminal Code
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