The decision in Smith (Morgan) does not prevent use of the expression ‘the reasonable man’ in the judge’s summing-up, in Weller, when considering how a jury should be directed on provocation, the court plainly regarded the relevant question as being ‘whether the defendant should reasonably have controlled himself’. The judge had also correctly identified the reasoning stages in finding a co-defendant guilty of murder as a secondary party following Gamble.
Judges:
Lord Justice Pill, Mrs Justice Hallett Dbe and Mr Justice Davis
Citations:
[2002] EWCA Crim 749, 2000/06760/Z4
Links:
Jurisdiction:
England and Wales
Citing:
Cited – 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 . .
Cited – Chan Wing-Siu v The Queen PC 21-Jun-1984
The appellant and co-accused were charged with murder. They said they had gone to meet the deceased to collect a debt, but had been attacked with a knife by the deceased. Two of the three had knives and knew of the other knife.
Held: All were . .
Cited – Regina v Gamble 1989
Four members of the Ulster Volunteer Force had combined to inflict punishment on an allegedly delinquent member of the organisation. The punishment was to consist of knee-capping (the firing of a bullet or bullets into a knee or other joint, so as . .
Cited – Regina v Powell and Davies 1998
. .
Cited by:
Cited – Weller, Regina v CACD 26-Mar-2003
The defendant appealed against his conviction for murder, saying that provocation should have been found. The issue was whether or not, in the course of his summing-up, the trial judge should have left, and if so whether he had left, to the jury the . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 20 November 2022; Ref: scu.169827