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Trial judge charged jury correctly on necessary mens rea for murder and provocation
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Court of Appeal dismisses appeal against conviction for murder, on the grounds that the trial judge’s charge on the necessary mens rea and on provocation was careful and focused and, in all respects, entirely appropriate.
Appeal against conviction for murder - appellant had pleaded not guilty to murder but guilty to manslaughter - appellant's case was that he had had unprotected consensual sex with the victim and some time later she had come to him to ask for money for an abortion - victim had not in fact been pregnant and appellant alleged that she wanted to money to defray her debts - alleged by appellant that on day of her death the victim became angry and aggressive and threatened to inform his wife - appellant hit victim multiple times with hammer - whether trial judge adequately charged jury in relation to partial defence of provocation and required mens rea for murder.
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