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Feika v Reginam

1968-69 · ALR (S.L.) 342 (1968-69), Court of Appeal of Sierra Leone

Posted By lanbuk.com

Facts
The killed his nephew in a quarrel over a woman and claimed he had been struck with a stick.
Issue
Should the judge have directed on insanity, and were the directions on sudden fight and adequate?
Held
A judge should not direct on hypothetical defences like insanity that no one raised, but there was no prejudice. The was affirmed.
Principle
Directions should deal with the defences the evidence actually raises.
Why it matters
Restates Amara v Reginam on directions.

Words and Latin in this note

Provocation
A partial defence to murder in Sierra Leone. The accused lost self-control because of provocative conduct, and a reasonable person with the accused's characteristics might have done as he did. It reduces murder to manslaughter. It is not a defence to any other crime. Open the note.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.