Regina v Errol Garvey: CACD 30 Jan 2002

The appellant appealed a conviction for manslaughter and his sentence. There was a history of conflict between the appellant and the victim, and both had met up carrying knives. Witnesses said the appellant was the attacker. He claimed the judge had given a misdirection as to self-defence.
Held: An assertion as to a misdirection must specify the precise fault alleged. This did not happen here. The case involved a defendant arming himself with two knives, and setting off looking for a fight in anger. The sentence of nine years was not excessive.

Lord Justice Henry Mr Justice Holman And Mr Justice Grigson
[2002] EWCA Crim 2
Bailii
Homicide Act, 1957 3
England and Wales
Citing:
CitedRex v Jack Fielding 1938
The defendant appealed alleging a misdirection of the jury by the judge.
Held: du Parcq J said: ‘it is most unsatisfactory that grounds of appeal should be drawn with such vagueness as we find in the present case . . It has been said many . .
CitedAttorney-General’s Reference No 3 of 1996 CACD 1997
. .

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Crime

Updated: 23 December 2021; Ref: scu.167990