Culpable Homicide

Question 1

Provocation

Answer 1

1. Even where an accused has met all the essential elements of Murder, provocation can operate as to reduce the charge to manslaughter
2. The victim committed a wrongful act or insult that is sufficient to deprive an ordinary person of self-control
3. Must infuse the ordinary person with the individual characteristics of the accused that are relevant to the wrongful act or insult.
4. The wrongful act or insult did in fact cause the accused to lose self-control
5. The accused acted in response to the wrongful act or insult on the sudden and before his passions have had time to cool.