2013, No. 10
Crimes
49
(b) it did in fact deprive the defendant of the power of
self-control and cause him or her to kill the
deceased; and
(c) the retaliation was reasonably proportionate to the act
of provocation.
(3) Despite subsection (2)(a) nothing done will be
provocation unless the defendant:
(a) feared serious violence from the person killed against
the defendant or another identifiable person; or
(b) the thing done constituted circumstances of a grave
nature.
(4) The fact alone of a statement from any person as to
the sexual infidelity of the person killed despite the provisions of
subsection (2)(a) is not to be evidence of provocation, but
otherwise whether there is any evidence of provocation is a
matter of law.
(5) Any statement or word alone is not provocation that can
reduce murder to manslaughter.
102. Manslaughter - Except as provided in section 110,
culpable homicide not amounting to murder is manslaughter.
103. Punishment of murder - A person who commits
murder shall upon conviction be sentenced to imprisonment for
life.
104. Attempt to murder - A person who attempts to commit
murder is liable to imprisonment for life.
105. Counselling or attempting to procure murder - A
person is liable to imprisonment for life who incites, counsels, or
attempts to procure any person to murder any other person in
Samoa, when that murder is not in fact committed.
106. Conspiracy to murder-(1) A person is liable to
imprisonment for life who conspires or agrees with any person to
murder any other person, whether the murder is to take place in
Samoa or another country.