Ashworth J said: ‘As has already been said, the issue of manslaughter was not raised at the trial, but there is ample authority for the view that notwithstanding the fact that a particular issue is not raised by the defence, it is incumbent upon the judge trying the case, if the evidence justifies it, to leave that issue to the jury.’
Judges:
Ashworth J
Citations:
[1961] 1 WLR 1372, [1961] 3 All ER 463, (1961) 45 Cr App Rep 348
Jurisdiction:
England and Wales
Citing:
Approved – Bullard v The Queen PC 1957
The question was whether there was evidence on which the jury could have found a verdict of manslaughter on grounds of provocation rather than the verdict of murder which had been returned.
Held: There is naturally a tendency for an appellate . .
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 17 May 2022; Ref: scu.243338