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 and commit such an act’.
Judges:
Keating J
Citations:
[1869] 11 Cox CC 336
Jurisdiction:
England and Wales
Cited by:
Cited – Her Majestys Attorney General for Jersey v Holley PC 15-Jun-2005
(Jersey) The defendant appealed his conviction for murder, claiming a misdirection on the law of provocation. A chronic alcoholic, he had admitted killing his girlfriend with an axe. Nine law lords convened to seek to reconcile conflicting decisions . .
Cited – Regina v Smith (Morgan James) HL 27-Jul-2000
The defendant had sought to rely upon the defence of provocation. He had suffered serious clinical depression.
Held: When directing a jury on the law of provocation, it was no longer appropriate to direct the jury to disregard any particular . .
Cited – Rex v Lesbini 1914
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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 09 May 2022; Ref: scu.228010
