(Saint Vincent and the Grenadines) The defendant was convicted of having killed his wife. He had killed his children but faced no charge on that issue. He complained of the admission of evidence showing that he had killed the children. In his evidence he said his wife had killed them. His defence was of diminished responsibility, but the judge withdrew that defence from the jury, leaving only provocation.
Held: The expert medical evidence obtained since the trial was of sufficient standard to be apparently credible, and the matter was remitted for it to be considered. It had not been wrong to charge only one capital murder.
Judges:
Lord Browne-Wilkinson, Lord Steyn, Lord Hoffmann, Lord Hobhouse of Woodborough, Lord Millett
Citations:
[1998] UKPC 45
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Thornton (SE) (No 2) CACD 6-Jun-1996
Battered woman syndrome may be part of provocation if it causes a loss of control. The history of the relationship between the appellant and the deceased could properly be taken into account in deciding whether the final provocation was enough to . .
Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – Regina v Thornton (Sara) CACD 13-Dec-1995
Battered women’s syndrome may be a relevant characteristic in a murder trial to be taken account of when judging context of provocation. . .
Cited – Culmer v The Queen PC 29-Jul-1997
(Bahamas) Section 325 prevailed as the leading provision in the Code relating to the defence of provocation in The Bahamas. . .
Cited – Logan v The Queen PC 8-Mar-1996
(Belize) The Privy Council may hear an appeal against the death sentence after a mercy plea had been rejected under the Belize criminal Code. . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Crime
Updated: 01 December 2022; Ref: scu.159326