Criminal Appeal 17 /63] (002)  SLCA 1214 (12 August 1963);
The deceased was a woman about 25 years old. She was not married to appellant, but they had been living together as husband and wife in her village with her children. She cooked his food; he worked on her farms; and they had sexual intercourse. Early in February, 1963, the deceased's affection for appellant slackened. From what appellant observed, he concluded that she was transferring her affection to another man. She refused to cook food for him and refused to have intercourse. On February 18, appellant was brushing a farm with a son of the deceased. He left the farm and was next seen chasing the deceased, whom he overtook and killed with his matchet. Appellant was convicted of murder in a trial at Kailahun by a judge with the aid of assessors. He applied for leave to appeal on the ground that " the summing-1.11p of the trial judge was inadequate in that he failed to put to the assessors the defence of provocation .... " Held, refusing the application for leave to appeal, (1) that, if there is nothing which could entitle the assessors to return a verdict of manslaughter, the judge is not bound to put the question of manslaughter to them; and (2) that, although deceased's conduct in withdrawing her affection from appellant and giving it elsewhere was very provoking in the ordinary sense of the word, there was no evidence of anything amounting to provocation in the legal sense of the word.
Criminal Law- Homicide- Murder- Manslaughter-Provocation-Summing-up Duty of judge.