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Issue of provocation should have been left to jury in murder trial
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Court of Appeal allows appeal of murder conviction where the trial judge refused to allow the partial defence of provocation be considered by the jury, on the grounds that: a) the state of the evidence at the conclusion of the trial was such that the judge should have left the issue of provocation to the jury; and b) it was for a jury to determine where the truth lies in relation to the claims of the appellant regarding physical and sexual activity and the claim involving untoward sexual activity on the part of the deceased.
Criminal law – appeal of murder conviction – whether the trial judge had erred in refusing to allow the partial defence of provocation be considered by the jury – whether the prosecution could prove the requisite intent for murder – Part V of the Criminal Procedure Act 2010 – the state of the evidence at the conclusion of the trial was such that the judge should have left the issue of provocation to the jury – conviction quashed – appeal allowed.
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