Viscount Simon LC said: ‘as society advances, it ought to call for a higher measure of self-control in a defendant. And with regard to the defence of provocation to a charge of murder: ‘Consequently, where the provocation inspires an actual intention to kill . . or to inflict grievous bodily harm, the doctrine that provocation may reduce murder to manslaughter seldom applies. Only one very special exception has been recognised, viz, the actual finding of a spouse in the act of adultery.’
Judges:
Viscount Simon LC
Citations:
[1946] AC 588, (1946) 31 Cr App R 123
Jurisdiction:
England and Wales
Cited by:
Cited – Luc Thiet Thuan v The Queen PC 2-Apr-1996
(Hong Kong) On a trial for murder the defendant relied on the defences of diminished responsibility and provocation. Medical evidence showed the defendant suffered from brain damage and was prone to respond to minor provocation by losing his . .
Quoted – 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 . .
Explained – Lee Chun-Chuen v The Queen PC 1963
Their Lordships explained the meaning of the words of Viscount Salmon in Holmes: ‘It is plain that Viscount Simon must have meant the word ‘actual’ to have a limiting effect and that he had in mind some particular category of intention. He cannot . .
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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 29 April 2022; Ref: scu.188888
