R. vs. ATTA

Granville Sharp J.A. delivered the judgment of the Court: The only point raised in support of this appeal is that the learned Judge, who sat with assessors, misdirected himself as to the law relating to provocation, the argument of learned counsel for the appellant being that if the learned Judge had properly directed himself in this regard he would have adjudged the appellant guilty not of murder but of manslaughter. (His lordships stated the facts, and proceeded:) Thus the issue for the consideration of the assessors and the learned Judge-and the only issue - was whether the provocation alleged (that is to say, provocation as our law understands the term) was such as, in the circumstances, sufficed to reduce the appellant’s crime from murder to manslaughter. In his summing up to the assessors on this issue the learned Judge appears to have proceeded with considerable care. He drew their attention to the law and read to them every section of the Criminal Code that could assi.....