The test of provocation in a murder allegation, is not whether the occurrence is sufficient to deprive the particular individual in question of his self-control, having regard to his nature and idiosyncrasies, but whether it would suffice to deprive a reasonable man in his situation of self-control.
Citations:
(1914) 11 Cr App R 11, [1914] 3 KB 1116
Citing:
Approved – Rex v Kirkham 1837
In order to reduce Killing of a person to the crime of manslaughter, there must not only be sufficient provocation, but the jury must be satisfied that the fatal blow was given in consequence of that provocation. If A. had formed a deliberate design . .
Cited – Regina v Welsh 1869
The judge directed the jury as to provocation saying that in order to reduce the crime to manslaughter, there should have been serious provocation, ‘something which might naturally cause an ordinary and reasonably minded man to lose his self-control . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 04 May 2022; Ref: scu.543772
