Court of Appeal dismisses appeal against conviction for murder, on the grounds, inter alia, that: (a) the evidence of certain words spoken by the appellant had been properly admitted as evidence of the fact that the words were said; (b) an expressed intention to kill which, ultimately, was consummated was highly relevant to whether or not, at the time of killing, the appellant had an intention to kill or cause serious injury or killed the deceased because of something said immediately before the killing causing a complete and total loss of self-control; and (c) the probative value of the evidence was not outweighed by its prejudicial effect.
Appeal against conviction for murder - pleaded guilty to manslaughter and sought to rely on partial defence of provocation - deceased was maternal uncle of appellant - deceased alleged by appellant's sister to have sexually abused her - denied by deceased - DPP did not bring prosecution - tensions in the family - number of incidents including a fight in a pub between the deceased's son and the partner of the appellant's sister - following this, the appellant phoned deceased and invited him and his son to a 'straightener' - following a further fight the appellant shot the deceased fatally - contention by appellant that deceased had made inflammatory remark about his sister - appellant then disposed of clothing and gun and went into hiding - whether trial judge erred in admitting hearsay evidence, including of threats made to the deceased by the appellant - whether trial judge erred in allowing opinion evidence - grounds abandoned: whether trial judge erred in failing to recharge the jury on specific requisitions raised on behalf of the appellant, in particular on the question of provocation and lies told by the appellant.