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Search Results for: Homicide Act 1957 83
Regina v Dhillon: CACD 27 Nov 1996
The defendant appealed against his conviction for murder saying that the defence of provocation had not been left to the jury. The trial judge had thought that there should be a provocation direction, but neither prosecuting nor defence counsel thought it was necessary, so the judge did not give the direction. Held: The judge had … Continue reading Regina v Dhillon: CACD 27 Nov 1996
Chadwick v Collinson and Others: ChD 24 Sep 2014
The deceased and the claimant lived together for about 10 years in an apparently stable and loving relationship. They had a son together. They also co-owned a house (by way of joint tenancy) in which they lived. In April 2013 the claimant was referred by his GP for a mental health assessment after describing feelings … Continue reading Chadwick v Collinson and Others: ChD 24 Sep 2014
Her Majestys Attorney General for Jersey v Holley: PC 15 Jun 2005
(Jersey) The defendant appealed his conviction for murder, claiming a misdirection on the law of provocation. A chronic alcoholic, he had admitted killing his girlfriend with an axe. Nine law lords convened to seek to reconcile conflicting decisions of the House as to provocation. Held: The defence of provocation has two ingredients. The first, subjective … Continue reading Her Majestys Attorney General for Jersey v Holley: PC 15 Jun 2005
Mohammed, Regina v: CACD 13 Jul 2005
The court granted permission to appeal against a conviction for murder on grounds that related to the judge’s summing up in respect of provocation: ‘Although Holley is a decision of the Privy Council and Morgan Smith a decision of the House of Lords, neither side has suggested that the law of England and Wales is … Continue reading Mohammed, Regina v: CACD 13 Jul 2005
Regina v Coutts: HL 19 Jul 2006
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006
Reynolds, Regina v: CACD 8 Jul 2004
Appeal against conviction of murder on a reference by the Criminal Cases Review Commission under section 69 of the Criminal Appeal Act 1995 on the basis that medical evidence now available indicates that he suffered from Asperger’s Syndrome which may have substantially diminished his responsibility for the killing of the victim within the meaning of … Continue reading Reynolds, Regina v: CACD 8 Jul 2004
Regina v Ramchurn: CACD 2 Feb 2010
The defendant had planned and executed the killing of his wife’s lover, a cousin, having given him a home. He threatened that he would kill him, and prepared to do so, trying to get keys to gain access to the victim’s home, and when that failed arranging a meeting to carry out his plan, equipping … Continue reading Regina v Ramchurn: CACD 2 Feb 2010
Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
Farnell, Regina (on Application By) v Criminal Cases Review Commission: Admn 15 Apr 2003
The appellant sought judicial review of the respondents refusal to refer his case back to the Court of Appeal. Held: The Commission had misunderstood the way in which the Court of Appeal worked, by anticipating that it would reconsider the evidence. In this case, the defendant and the court had not allowed as a serious … Continue reading Farnell, Regina (on Application By) v Criminal Cases Review Commission: Admn 15 Apr 2003
Regina v Pearce: CACD 11 Dec 2001
The defendant appealed against his conviction for murder. He said that the court had not allowed his alcoholism as a characteristic for the purposes of testing the defence of provocation, and that the evidence of his long standing partner should be treated as equivalent to that of a wife, making her evidence admissible but not … Continue reading Regina v Pearce: CACD 11 Dec 2001
Regina v Doughty: CACD 6 Apr 1978
The defendant appealed his conviction for murder. He had smothered his baby son with a cushion, trying to quieten his crying. He complained that the judge had not left to the jury his defence that he was subject to a loss of self control through the extreme tiredness of having to care for his wife … Continue reading Regina v Doughty: CACD 6 Apr 1978
Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018
Upon the allegedly negligent release of the claimant from mental health care, she had, while in the midst of a serious psychotic episode, derived from the schizophrenia, killed her mother and been convicted of manslaughter. She now sought damages in negligence. The defendant relied upon a defence of illegality. Held: All the heads of claim … Continue reading Henderson v Dorset Healthcare University NHS Foundation Trust: CA 3 Aug 2018
Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
Regina v Smith (Morgan James): HL 27 Jul 2000
The defendant had sought to rely upon the defence of provocation. He had suffered serious clinical depression. Held: When directing a jury on the law of provocation, it was no longer appropriate to direct the jury to disregard any particular characteristics of the defendant when asking whether the provocation was such as to make a … Continue reading Regina v Smith (Morgan James): HL 27 Jul 2000
In Re K (Deceased): CA 1986
The wife who had been subjected to years of abuse shot her violent husband dead in the course of an argument, when a loaded shotgun she had picked up and pointed at him as a threat to deter him from offering her further violence went off . .