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Words: | Submitted: Tue Jun 20 2006
... up for the jury he stated that: Provocation is some act, or series of acts, done by the dead man to the accused which would cause in any reasonable person, and actually causes in the accused, a sudden and temporary loss of self control, rendering the accused so subject to passion as to make him or her for the moment not master of his mind. In paragraph 126 of the Royal Commission on Capital Punishment1, the law is summarised as follows: "Two fundamental conditions must be fulfilled in order that provocation may reduce to manslaughter a homicide which would otherwise be murder. First, the provocation must be gross and must be such as might cause a reasonable man to lose his self-control and use violence with fatal results2. Secondly, the accused must in fact have been deprived of his self-control under the stress of such provocation and must have committed the crime ...
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