PC (Grenada) The defendant appealed against his conviction for murder. He claimed a misdirection on provocation.
Held: The judge’s direction had been over elaborate, and gave too much weight to the old law. The appeal was to be allowed.
Judges:
Lord Slynn of Hadley, Lord Steyn, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton
Citations:
[2001] UKPC 31, [2001] 5 LRC 247
Links:
Citing:
Cited – Woolmington v Director of Public Prosecutions HL 23-May-1935
Golden Thread of British Justice – Proof of Intent
The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired a shotgun to . .
Cited – Stafford and others v The State (Note) PC 30-Jul-1998
PC (Trinidad and Tobago) Where the matter at issue is the exercise of a discretion by a trial judge. ‘It has been said many times that it is not the function of the Judicial Committee to act as a second Court of . .
Cited – Stirland v Director of Public Prosecutions HL 1944
The House considered what was the appropriate test for allowing a conviction to stand despite the finding of an irregularity in the trial.
Held: The House must be satisfied that there was ‘a situation a reasonable jury, after being properly . .
Cited – Bull v the Queen PC 23-Mar-1998
(Belize) Judges in Belize should sum up the defence of provocation in a murder case in the terms of section 118, ignoring the ballast of the old law. . .
Cited – Vasquez v The Queen; O’Neil v The Queen PC 26-Oct-1994
(Belize) The burden of proof on provocation in a murder case remained with the prosecution despite the constitution. The Belize Criminal Code imposed no more than an evidential burden on the accused: ‘In their Lordships’ view section 116(a) of the . .
Cited – Culmer v The Queen PC 29-Jul-1997
(Bahamas) Section 325 prevailed as the leading provision in the Code relating to the defence of provocation in The Bahamas. . .
Cited by:
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Lists of cited by and citing cases may be incomplete.
Crime, Commonwealth
Updated: 01 June 2022; Ref: scu.159471