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Director of Public Prosecutions v. Camplin | 2 All Eng.Rep. 168 (1978)
Under the provocation doctrine, a defendant’s criminal act may be partially mitigated if the act was committed under sufficient provocation. For example, a defendant’s murder charge may be reduced to manslaughter if the defendant was provoked. It’s a jury’s job to determine whether the provocation was adequate under the circumstances. In making this decision, the jury considers whether a hypothetical reasonable person in the defendant’s position would have responded as the defendant did. In Director of Public Prosecutions versus Camplin, the English House of Lords considered how to define reasonable person.
Mohammed Lal Khan, a middle-aged man, sodomized a 15-year-old boy named Camplin in Khan’s home and then ridiculed him. Camplin hit Khan with a heavy cooking pan, killing him.
Camplin was charged with murder. At trial, Camplin asked the court to reduce his charge to manslaughter, arguing that he was provoked by Khan’s words and actions. The trial judge instructed the jury to consider whether Khan’s conduct would have been sufficient to provoke a reasonable man, rather than a reasonable 15-year-old, to react as Camplin did. The jury rejected Camplin’s provocation defense, and Camplin was convicted of murder. The court of appeal vacated Camplin’s murder conviction, holding that the trial court’s reasonable-man instruction was erroneous. The House of Lords agreed to review the case.
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