Odger's English Common Law

INTENTIONAL MANSLAUGHTER. 285
I. Intentional Manslaughter.
Cases have constantly occurred, in which death has been
caused intentionally, but in circumstances which the law
recognises as affording grave provocation to the accused. If,
for instance, a sudden blow be struck and in the heat of the
moment the blow be returned with fatal effect, the law will
not deem this murder. For the presence of grave provocation
rebuts any presumption of malice aforethought. The provo-
cation, however, must be such as will produce ungovernable
passion in a reasonable man and deprive him of his self-
control. The fact that the accused is an excitable person,
who flies into an ungovernable passion under very slight
provocation, is immaterial if the jury find that a person of
ordinary self-control would not have been so provoked. 1
there be no sufficient provocation, every intentional homicide,
which is not justifiable, is murder.
Except in very special circumstances, no mere words or
gestures, however insulting, will amount to sufficient provo-
cation ;
2 nor will a slight assault, such as a slap in the face
with an open hand, or where a woman flung a ring in her
lover's face. 8 But a trifling assault or battery, if accom-
panied by words of gross insult, may amount to sufficient
provocation ; for example, where a woman spat in a man's
face, using at the same time insulting words of the grossest
description. 4
The mode of resentment must bear a reasonable
proportion to the provocation received by the prisoner. Much
depends, for instance, upon the instrument which caused the
death ; if it were a deadly weapon, the provocation must be
great indeed to reduce the offence to manslaughter ; but if
the prisoner employed a weapon or other means not likely to
produce death, a less serious degree of provocation will be
sufficient. 5
1 R. v. Lcsbini, [1914] 3 K. B. 1116 ; and see R. v. Welsh (1869), 11 Cox, 336, 338,
and R. v. Alexander (1913), 23 Cox, 604.
a R. v. Welsh, suprd ; see R. v. Jones (1908), 72 J. P. 215, and R. v. Phillis (1916),
32 Times L. R. 414.
' R. v. Palmer, [1913] 2 K. B. 29.
' B. v. Smith (1866), 4 F. S F. 1066 ; B. v. Sherwood (1844), 1 C. & K. 566.
« B. v. Eagle (1862), 2 F. S J. 827.
If