LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Provocation — Duty of Court to Evaluate Entire Circumstances for Loss of Self-Control
PRINCIPLE STATEMENT
The trial court must consider whether a reasonable person in such circumstances might be rendered subject to loss of control leading to fatal violence, and whether the appellant was actually under stress of such provocation. Only after careful evaluation can the court decide between manslaughter and murder.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Shande v. State (2005) NLC-1842004(SC) at pp. 11–12; Paras D–A.
"It is the duty of the trial court to have considered whether a reasonable person in such circumstances in consequence of such conduct, and the history of the existing relationship between the appellant and the deceased might be so rendered subject to passion or loss of control as to be led to use violence with fatal results and secondly, that the appellant was in fact under the stress of such provocation. It is after a careful evaluation of such facts that the view can be formed as to whether manslaughter or murder is the appropriate verdict."
EXPLANATION / SCOPE
Provocation defence requires evaluation of both objective (reasonable person) and subjective (actual loss of control) tests. The court must examine the relationship history. The principle applies to criminal law.