[2001] UKPC 41

St Christopher and Nevis had not enacted s.3 Homicide Act 1957 and the prevailing common law allowed a judge to withdraw from a jury the element of the defence of provocation requiring that a reasonable man would have acted in the same way as the accused. For the Privy Council to interpret the common law in St Christopher in a way consistent to s.3 of the Act would be nothing short of judicial legislation.

PC (UK) (Lord Bingham of Cornhill, Lord Mackay, Lord Hoffmann, Lord Clyde, Lord Scott)

02/10/2001