During a criminal trial for second-degree murder and accessory after the fact, the court ruled on whether the partial defence of provocation should be put to the jury and whether directed verdicts of acquittal should be entered for the accessory charges.
The court found an air of reality to the provocation defence, noting evidence that the deceased may have fired first.
The court dismissed the application for a directed verdict on accessory after the fact to a firearms offence, but granted a directed verdict of acquittal for accessory after the fact to murder, as the victim was not yet dead when the assistance was provided.
