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Court of Criminal Appeal refuses to: a) set aside murder conviction; and b) certify a point of law of exceptional public importance to the Supreme Court, holding that although the trial judge’s direction to the jury could have been better worded, the charge as a whole was not deficient and could not now be raised as it was not objected to at trial.
Criminal law – appellant, having been convicted of murder, and having unsuccessfully appealed, now seeks number of alternative reliefs – whether points of law arise which should be certified for consideration of Supreme Court pursuant to s.29 of Criminal Justice Act 1924 – whether judgment of this court addressed important point in the appeal, namely, whether trial judge should have charged the jury specifically that a person may have the intention to commit a serious injury yet still be in position to avail of defence of provocation – counsel for defence observed in the requisitions that the judge had dealt with the matter “fairly” at trial – whether defence could raise point not taken at trial on appeal – no breach of natural justice or fair procedures in the appeal hearing – no jurisdiction to set aside or amend the court’s earlier judgment – court not required to address every issue raised – although judge’s direction to jury in some aspects could have been better worded, charge as a whole was not deficient – no point of law of exceptional public importance which it is desirable to clarify in the public interest.
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