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.
Judges:
Lord Widgery CJ
Citations:
(1976) 63 Crim App R 39
Jurisdiction:
England and Wales
Cited by:
Considered – Regina v Burgess and McLean CACD 1995
Section 3 of the 1957 Act spells out the function of the judge and jury at the trial. The section is dealing with the trial, not the appeal. . .
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 . .
Considered – Regina v Cox CACD 12-Apr-1995
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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 27 October 2022; Ref: scu.228494