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Court of Appeal allows appeal, quashes conviction and orders the appellant to be re-tried for the offence of murder, on the basis that the judge made an error in what he told the jury about the defence of provocation.
Criminal law – appeal against murder conviction – provocation – whether judge’s instruction on the law in respect of provocation was incorrect – whether judge made a significant error of fact in regard to police questioning of him in his charge – whether the charge as a whole was unbalanced – whether mens rea was conflated with the issue of provocation – judge told the jury that provocation prevented a person from forming the necessary murderous intention which is incorrect – Section 3(1) of the Criminal Procedure Act 1993 – Criminal Law (Jurisdiction) Act 1976 – allow appeal, quash conviction and order re-trial.
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