Criminal Procedure-accused charged with murder-pleads not guilty-raises partial defence of provocation-defence of intoxication.
Criminal Law-Provocation-Relevant provisions of Homicide Act restated-for partial defence of provocation to hold-there must have been provocation, loss of self-control (both actual and reasonable); retaliation must be proportionate to the provocation-.Criminal Law-accused fought with deceased, left the scene of the fight- returned a few minutes later-armed with a knife-stabbed the deceased from the back-deceased was unarmed at the time and was not facing accused.
Criminal law-accused stated he was intoxicated and so was deceased-the drinking buddies appear to have been drinking from the previous day without getting any sleep-it was argued that accused’s intoxication played some role in the commission of the offence-however, no evidence was led as to the extent thereof.
Held; the evidence herein far from suggesting any provocation or any loss of self-control indicated that the accused embarked on a course of action which was dispassionate and deliberate not in the heat of passion upon a sudden provocation.
Held; Accused acted with the required intent and criminal responsibility when he stabbed the deceased. In the absence of evidence showing otherwise, it is not possible to find that the accused acted with diminished responsibility at the time.
Held; accused guilty of murder.
