Lesso v Regina
Lesso v Regina (Criminal Appeal No. 144 of 1952) [1952] EACA 249 (1 January 1952)
The Court held that the doctrine of provocation under sections 201 and 202 of the Penal Code does not extend to wrongful acts done solely to property. The appellant, having pursued and killed the deceased after the attempted burglary had ceased, could not rely on provocation or defence of property to mitigate the offence. The right to use force in effecting an arrest or defending property is limited to what is reasonable and necessary in the circumstances. The trial judge's finding that the appellant's dominant intention was to kill in retaliation, rather than to effect an arrest, was support…
Source excerpt
- Homicide
- Provocation
- Defence Of Property
- Arrest By Private Person
- Use Of Force
- Manslaughter Vs Murder