In 1955, the deceased defendant was convicted of murder, and later hanged. The court considerd a post mortem appeal by the CRCC and her family. It was suggested that she should have been found guilty of manslaughter having been provoked by the victim.
Held: There was no dispute that Mrs Ellis had taken the gun and shot the deceased. The judge rules there was no evidence sufficient for a reasonable jury to conclude that she was provoked to a loss of self control. The court had to apply the substantive law of murder as applicable at the time, disregarding later changes. One of the changes to which he expressly referred was the provision of the defence of diminished responsibility. That was not applicable at the time, and the decision was correct.
Judges:
Mr Justice Silber Lord Justice Kay Mr Justice Leveson
Citations:
[2003] EWCA Crim 3556
Links:
Jurisdiction:
England and Wales
Citing:
Quoted – Holmes v Director of Public Prosecutions HL 1946
Viscount Simon LC said: ‘as society advances, it ought to call for a higher measure of self-control in a defendant. And with regard to the defence of provocation to a charge of murder: ‘Consequently, where the provocation inspires an actual . .
Cited – Lee Chun-Chuen v The Queen PC 1963
Their Lordships explained the meaning of the words of Viscount Salmon in Holmes: ‘It is plain that Viscount Simon must have meant the word ‘actual’ to have a limiting effect and that he had in mind some particular category of intention. He cannot . .
Cited – Holmes v Director of Public Prosecutions HL 1946
Viscount Simon LC said: ‘as society advances, it ought to call for a higher measure of self-control in a defendant. And with regard to the defence of provocation to a charge of murder: ‘Consequently, where the provocation inspires an actual . .
Cited – Attorney General for Ceylon v Kumarasinhege PC 1953
The Board discussed the reduction to manslaughter of a charge of murder where provocation was alleged: ‘But as the Court of Criminal Appeal set out in their judgment what they conceived to be the English law relating to manslaughter their Lordships . .
Cited – Connelly v Director of Public Prosecutions HL 1964
Plea of Autrefois Acquit is Narrow in Scope
The defendant had been tried for and acquitted of murder. The prosecution then sought to have him tried for robbery out of the same alleged facts. The House considered his plea of autrefois convict.
Held: The majority identified a narrow . .
Followed – Regina v Derek William Bentley (Deceased) CACD 30-Jul-1998
The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. . .
Cited – Regina (Director of Public Prosecutions) v Camplin HL 1978
The court considered the direction to be given as to the existence of provocation so as to reduce a charge of murder to one of manslaughter. The reasonable man in the definition should be one with the defendant’s mental condition. ‘The judge should . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 03 August 2022; Ref: scu.188639
