Rex v Sard
1920s-30s · ALR (S.L.) 395 (1920-36), West African Court of Appeal
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- Facts
- On a murder charge, the evidence suggested the accused might have been provoked, but the defence did not rely on .
- Issue
- Must the judge leave provocation to the jury if the defence does not raise it?
- Held
- Yes. Where there is evidence of provocation, the judge must leave it to the jury.
- Principle
- Provocation must be left to the jury whenever the evidence raises it.
- Why it matters
- Followed in later Sierra Leone cases such as Amara v Reginam.
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.
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