The Board discussed the reduction to manslaughter of a charge of murder where provocation was alleged: ‘But as the Court of Criminal Appeal set out in their judgment what they conceived to be the English law relating to manslaughter their Lordships feel bound to observe that in one respect the court were in error. They said in reference to English law, ‘if it is established or clear from the evidence that through provocation of howsoever grievous a kind may have been offered, nevertheless, if it could be shown that the accused caused the death with an intention to kill, the offence is one of murder not manslaughter. This is one of the fundamental differences between our law and that of England.’ A little further down in the judgment they said ‘in the case of murder, there must be an intention to kill, in the case of manslaughter, no such intention can exist.’ With all respect to the court, that is not the law of England.’
References: [1953] AC 200
Judges: Lord Goddard
This case is cited by:
- Cited – Ruth Ellis v Regina CACD 8-Dec-2003
In 1955, the deceased defendant was convicted of murder, and later hanged. The court considerd a post mortem appeal by the CRCC and her family. It was suggested that she should have been found guilty of manslaughter having been provoked by the . .
(, [2003] EWCA Crim 3556)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.192057
