HMA v Hill [1941] ScotHC HCJ_1 (16 April 1941)

HMA v Hill [1941] ScotHC HCJ_1 (16 April 1941)

If the jury finds that the accused killed in the heat of sudden indignation upon first discovering adultery, the verdict may be culpable homicide; if the killing was after reflection and from revenge, the verdict must be murder.

Citation
[1941] ScotHC HCJ_1
Parties
Prosecutor: H. M. Advocate; Accused: Hill
Jurisdiction
Scotland
Judgment Date
16 April 1941
Procedural Posture
Criminal / Jury Instructions / Summing Up
Outcome
jury directed on possible verdicts of murder or culpable homicide based on findings of fact
Legal Topics
Murder, Culpable Homicide, Provocation, Adultery, Heat of Passion
Criminal Law Murder Culpable Homicide Provocation Adultery Heat of Passion

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Parties

H. M. Advocate

Prosecutor

Hill

Accused

Procedural Posture

Criminal / Jury Instructions / Summing Up

Legal Issues

  1. 1 Whether the accused's actions constituted murder or culpable homicide in light of provocation by discovery of adultery.

Ratio Decidendi

If the jury finds that the accused killed in the heat of sudden indignation upon first discovering adultery, the verdict may be culpable homicide; if the killing was after reflection and from revenge, the verdict must be murder.

Court Disposition

jury directed on possible verdicts of murder or culpable homicide based on findings of fact