, Crim. Sass. 230-D-67, 15/2/68, Hamlyn J.
Accused ’s only possible defence to a murder charge
was that shortly before the killing he heard deceased say to someone else that
he (deceased) had signed a paper
authorizing the police to beat accused.
Held:
“As a general rule … spoken words alone cannot be the basis for provocation…
but variations of (the rule) may arise by virtue of the application of section
200 of the Penal Code in special instances among particular communities. Where
spoken words are accepted in customary view as constituting provocation, the
words must be of so devastating a character, of such over-bearing force, as to
shatter the self-control of a normal person of that community.” Accused was
convicted of murder and sentenced to suffer death by hanging.
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