Defence of partial provocation did not arise where murder arose from assaults and threats to kill accused

Court of Appeal dismisses appeal from murder conviction, where the accused shot a member of a motorcycle club after having been assaulted and received threats to his own life, on the grounds that: (a) the trial judge acted correctly in refusing to discharge the jury, and continuing with eleven jurors after one juror disclosed a tenuous connection with the motorcycle club; and (b) the evidence did not give rise to a defence of partial provocation, and the trial judge had been correct not to allow that defence to proceed to the jury.