Reg v Govinda (1876)

BNS · Culpable Homicide & Murder

Facts.

The accused knocked down his wife and struck her; she died of the injuries. The question was whether it was murder or culpable homicide.

Issue.

How is culpable homicide distinguished from murder?

Held.

Melvill J’s classic analysis: the difference lies in the degree of probability of death intended or known. On the facts — injury likely but not sufficient in the ordinary course of nature to cause death — it was culpable homicide, not murder.



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