The defendant had been convicted of murder in 1972. He now appealed on a reference by the Criminal Cases Review Commission questioning the failure of the judge to direct on provocation. He had killed a girl after they tried but failed to have intercourse.
Held: The defendant had failed to establish evidence to sufficient to support a possible defence of provocation. The appeal failed.
[2006] EWCA Crim 3182, [2007] Crim LR 569
Bailii
Homicide Act 1957 3
England and Wales
Citing:
Cited – Regina v Acott HL 12-Mar-1997
Provocation is not an issue in murder until evidence is given which takes the issues beyond a mere refuted cross examination. If there was ‘insufficient material for a jury to find that it is a reasonable possibility that there was specific . .
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 . .
Cited – Regina v Duffy CCA 1949
The court approved Devlin J’s direction to the jury on the defence of provocation to a charge of murder which had described provocation: ‘Provocation is some act or series of acts done or words spoken by the dead man to the accused which would cause . .
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 . .
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 – Confessor Valdez Franco v The Queen PC 14-Aug-2001
(Antigua and Barbuda) The appellant had been convicted of murder, with his defence of self-defence rejected by the jury. His defence was self-defence. No defence of provocation was advanced at trial and the trial judge gave no direction to the jury . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 13 December 2021; Ref: scu.270260