The proviso may be applied by the Court of Appeal despite the Judge’s failure to leave the issue of provocation with the jury. As a matter of law, the court in an appropriate case might apply the proviso to section 2(1) of the Criminal Appeal Act 1968, where there had been a misdirection by a failure of the judge to leave the issue of provocation to the jury.
Citations:
Ind Summary 01-May-1995, Gazette 12-Apr-1995, [1995] 2 Cr App R 513
Statutes:
Criminal Appeals Act 1968 2(1)
Jurisdiction:
England and Wales
Citing:
Considered – Regina v Whitfield CACD 1976
The court declined to apply the proviso to allow conviction of the defendant where the judge had given a msidirection, saying that to do so would be to determine the issue otherwise than by verdict of the jury. . .
Cited by:
Cited – Van Dongen and Another, Regina v CACD 5-Jul-2005
The defendant brothers appealed convictions for murder. They had pleaded self defence. The injuries on the deceased suggested a substantial number of wounds were inflicted when he was in a curled up defensive post.
Held: The provocation . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 27 October 2022; Ref: scu.86460
