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The document discusses the legal concept of provocation in criminal law, particularly how it applies to cases of murder where the accused claims to have acted in a moment of passion. It explains that provocation is a partial defense that can reduce a murder charge to manslaughter if the accused demonstrates a temporary loss of self-control due to strong emotions. The document cites relevant legal sections and cases, including Milambo v The People and Simutende v The People, to illustrate how courts assess provocation claims.

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27 views1 page

Presantation 1

The document discusses the legal concept of provocation in criminal law, particularly how it applies to cases of murder where the accused claims to have acted in a moment of passion. It explains that provocation is a partial defense that can reduce a murder charge to manslaughter if the accused demonstrates a temporary loss of self-control due to strong emotions. The document cites relevant legal sections and cases, including Milambo v The People and Simutende v The People, to illustrate how courts assess provocation claims.

Uploaded by

mungomamungoma3
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

CRIMINAL LAW

LS200

PRESATATION ON PROVOCATION

Imagine a man walks in and finds his partner with someone else ,in the heart of passion .he attacks and
kills .is he a haertless killer or someone who lost control in a moment .

This is where the legal concept of provocation in criminal law comes in .

Good morning ladies and getlemen .my names are mung'oma mung'oma

Today will be looking at the defence of provocation and how criminal law handles cases where someone
reacts violently,because of strong emotion shock

Section 206 of the penal code defines provoccation as.

Therefore the defence of provocation is a partial and limited defence and it is available only in murder
cases and not to any other charge.However in order to succed ,the accused needs to show that as a
result of provocation ,there was tempory loss of self control and as a result he was not in his full
mental faculties

The essence of provocation is that the accused person killed another in the heart of passion before
there was time for the passion to cool

According to section 205 of the penal code ,provocation where pleaded successfully reduces the charge
of murder to manslaughter .

This was seen in the zambian case of milambo v The people ,In this case thr appellant a sodier was found
naked under the womans bed and the womans relative had to beat him.he escaped naked and crossed
zambezi river .but he was followed and was brought back and they started beating him again .one in the
crowd had a panga and seen the panga the accused was very scared and lost self control and which
made him to get the gun and fired into the crowd and killing the deceased . The court found that it was
reasonable ans that there was a reasonable relationship to provocation .therefore the court reduced
the charge of murder to manslaughter

However its not the accused to establish provocation as a defece .if there is any evidence of
provocation ,the court will not convict of murder,unless it is satisfied that the prosecution has proved
beyond all reasonable doubt.therefore the test applied by the court in zambia is that of an ordinary
accused person in the society to which the accused belong.who lost self control might have done on the
provocation given .

In the case of Simutende v The people.in this case simutende was robbed and lost some of his
cloths .He met a man very smarty dressed in his cloths and hit him with an axe.The court found that it
was not reasonable .so there was no reasonable relationship to provocation

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