Read the full judgment text of CACC 000421/1992 on BabelCite. This Court of Appeal judgment was delivered on 25 May 1993 before Macdougall JA, Nazareth JA, Sears J.
Criminal law – murder – provocation – burden of proof – self-induced provocation – good character direction – Berrada direction – duty of prosecuting counsel – conviction quashed – retrial ordered. When the issue of provocation is raised, the judge must give a clear direction that the prosecution must disprove provocation beyond reasonable doubt. Even if the provoking conduct appears self-induced, a direction on provocation must still be given (R. v. Johnson followed, Edwards v. R. not followed). A direction on good character must always be given, but the second limb (propensity) is only required where relevant to the crime. Prosecuting counsel has a duty to remind the judge of non-directions and correct misdirections. In this case, the judge misdirected on the burden of proof for provocation and omitted any good character direction; the conviction was quashed and a retrial ordered.
Legal issues: Burden of proof on provocation · Self-induced provocation direction · Good character direction (Berrada direction)
Outcome: Conviction quashed; retrial ordered.