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The scales of justice on a plain background

DPP v Camplin

1978 · AC 705

Posted By lanbuk.com

Facts
Camplin, aged fifteen, killed a man by hitting him on the head with a chapatti pan. He said the man had sexually assaulted him and then laughed. The judge told the jury to ignore his age when applying the test.
Issue
Do the accused's characteristics go into the reasonable-person test?
Held
The House of Lords held that they do. The reasonable person is a person with ordinary powers of self-control, but with the accused's age, sex, and other characteristics that affect the gravity of the .
Principle
The self-control is that of an ordinary person. The gravity of the provocation is judged as it would appear to a person with the accused's characteristics.
Why it matters
Bedder, which excluded impotence from the test, is no longer the law on this point.

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.