The defendant was charged with a murder. The very manner of the killing suggested that he was at the time of the killing in a state of uncontrolled frenzy. However, Russell LJ said: ‘We take the law to be that wherever there is material which is capable of amounting to provocation, however tenuous it may be, the jury must be given the privilege of ruling upon it.’
Judges:
Russell LJ
Citations:
(1992) 95 Cr App R 326, [1994] 2 All ER 752
Jurisdiction:
England and Wales
Citing:
Cited – 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 Miao CACD 17-Nov-2003
The defendant appealed his conviction for murder. His main defence had been that there had been no intention to kill, but the judge had refused to leave to the jury the possibility of provocation.
Held: There was evidence of potentially . .
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 . .
Doubted – Miao, Regina v CACD 17-Nov-2003
The defendant appealed against his conviction for murder. He said that the judge should have left to the jury the issue of whether there had been provocation.
Held: The appeal failed: ‘It is for the judge to decide if there is evidence of . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 27 August 2022; Ref: scu.188248