Him. Provocation is usually a mitigating factor, but not a complete defense, and it's not like she just randomly threw a drink at him, there was an argument leading to it.
Even when it would be a defense it certainly wouldn't excuse him in this circumstance.
Thanks, that's the first I've heard of this legal concept.
It may be ... sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge.
...
In extremely rare cases, adequate provocation has resulted in the defendant never being charged with a crime. In one famous example
Though in this case, doesn't throwing a drink at somebody in itself constitute an offense of some sort? Could both parties not be prosecuted? I suppose AG bias might come into play then?