R v Doughty [1986] 83 Cr App R 319
Court: Court of Appeal (Criminal Division)
Facts: D killed his two-week-old baby because the baby would not stop crying.
D was in charge of looking after his baby, D used his best efforts to keep the baby quiet to no avail. D then covered the baby's mouth to dampen the sound. He then stated that due to his excessive tiredness and the constant noise of the baby he lost his control and pressed down harder than he meant to at the time he was kneeling on the baby's head.
Held: Conviction for murder was quashed and reduced to manslaughter as provocation should have been left to the jury. Dās murder conviction was substituted for manslaughter and his life sentence reduced to 5 years. The baby's crying could amount to a provocative act within the meaning of s.3 of the Homicide Act 1957.
Key Judicial Statement: The court stated, "Even the crying of a baby can be provocation sufficient to be considered by a jury."