Provocation

Sierra Leone — Court of Appeal · 1963

Principle established: A judge is not bound to put manslaughter to assessors where the evidence does not support it, and the mere withdrawal of affection does not constitute legal provocation.

Sierra Leone — Court of Appeal · 2020

Principle established: A trial judge is not bound to put manslaughter to assessors absent evidence legally amounting to provocation, and a partner withdrawing affection does not constitute legal provocation.

Sierra Leone — Court of Appeal · 1963

Principle established: A judge need not direct assessors on manslaughter where there is no evidence to support it, and the withdrawal of romantic affection does not amount to provocation in law.

Sierra Leone — Supreme Court · 1963

Principle established: A trial judge need not leave manslaughter to assessors absent evidence supporting it, and the withdrawal of affection does not constitute legal provocation.

Sierra Leone — Court of Appeal · 2019

Principle established: The court examined grounds of appeal involving the failure to record a summing-up, misdirection on self-defence and provocation, and the constitutionality of the mandatory death sentence for murder.

Sierra Leone — Court of Appeal · 2018

Principle established: The court examined grounds of appeal involving the failure to record a summing-up, misdirection on self-defence and provocation, and the constitutionality of the mandatory death sentence for murder.

Sierra Leone — Court of Appeal · 2019

Principle established: The court examined grounds of appeal involving the failure to record a summing-up, misdirection on self-defence and provocation, and the constitutionality of the mandatory death sentence for murder.

Sierra Leone — Court of Appeal · 1976

Principle established: An appellate court will not overturn a conviction due to a misdirection on provocation if it is satisfied that the jury would inevitably have reached the same verdict upon proper direction.

Sierra Leone — Supreme Court · 1976

Principle established: An appellate court will not overturn a conviction due to a misdirection on provocation if it is satisfied that the jury would inevitably have reached the same verdict upon proper direction.

Sierra Leone — Court of Appeal · 1964

Principle established: Where provocation reduces murder to manslaughter, a third party cannot be convicted of aiding and abetting the resulting homicide.

Sierra Leone — African Law Reports · 1964-66

Principle established: Where the defence of provocation reduces a killing from murder to manslaughter, a third party cannot be convicted of aiding and abetting the provoked crime.

Sierra Leone — Court of Appeal · 1963

Principle established: In a murder trial with evidence of provocation, a judge must direct assessors on whether the defendant had sufficient time for cooling.

Sierra Leone — Court of Appeal · 1963

Principle established: In a murder trial with evidence of provocation, a judge must direct assessors on whether the defendant had sufficient time for cooling.

Sierra Leone — Court of Appeal · 1963

Principle established: When a person in loco parentis causes death during correction, failure of the judge to instruct the assessors on the law of killing by correction constitutes reversible error.

Sierra Leone — Court of Appeal · 1962

Principle established: Where evidence reveals provocation, a conviction for murder must be quashed and substituted with manslaughter.

Sierra Leone — Court of Appeal · 1962

Principle established: Evidence of sudden provocation reduces a murder conviction to manslaughter.

Sierra Leone — Court of Appeal · 1963

Principle established: When a person in loco parentis causes death during correction, failure of the judge to instruct the assessors on the law of killing by correction constitutes reversible error.

Zimbabwe · 2022

Principle established: A person who kills another during a violent assault with dangerous objects may be convicted of murder if they intended death or realized a real risk of death.

Zimbabwe · 2022

Principle established: To succeed on a plea of self-defence, the accused must show they used reasonable force to avert an unlawful attack, while provocation may mitigate murder to a lesser offence.

Sierra Leone — Court of Appeal · 2008

Principle established: A murder conviction must be reduced to manslaughter where the trial judge errs by failing to put the defence of provocation fairly to the jury despite evidence of an assault by multiple persons.

Sierra Leone — African Law Reports · 1950-56

Principle established: Only where a husband finds his wife in the act of committing adultery and in the heat of the moment kills the adulterer is there sufficient provocation to reduce murder to manslaughter.

Sierra Leone — Court of Appeal · 1950

Principle established: Only witnessing an act of adultery and killing in the immediate heat of the moment constitutes sufficient provocation to reduce murder to manslaughter.