刑事法: Law of Provocation, reasonable man

[Provocation of such gravity as to make a reasonable man commit homicide]

In DPP v Camplin (1978), D, aged 15, submitted to anal intercourse by V aged 50, after which V 'laughed at' D. D thereupon killed V by splitting his skull with a heavy pan.

In this case Lord Diplock held that the Homicide Act 1957 s 3 retains a dual test:
'the provocation must not only have caused the accused to lose his self-control but also be such as might cause a reasonable man to react to it as the accused did ... the reasonable man ... is a person having the power of self-control to be expected of an ordinary person of the sex and age of the accused, but in other respects sharing such of the accused's characteristics as they [the jury] think would affect the gravity of the provocation to him.'

Clearly the Jury must deal with the sex and age of the accused and the standard of self control expected of a person of such sex and age.

*The Accused was found guilty of Manslaughter instead of Murder.