Court of Appeal dismisses appeal of murder conviction where there was a question as to whether the appropriate verdict was one of murder or one of manslaughter, on the grounds that the trial judge adequately instructed the jury in respect of the subjective nature of provocation, the lies told by the accused in interview, the mental element of murder, the presumption that the accused intended the natural and probable consequences of his actions, and in relation to the expert evidence of the pathologist.
Criminal law – murder conviction appeal – whether the appropriate verdict was one of murder or one of manslaughter – whether the trial judge erred in law in failing to instruct the jury adequately or at all in relation to the subjective nature of provocation – lies told by the appellant – the mental element of murder – the effect of s. 4(2) of the Act of 1964 – instructions in relation to the expert evidence of the pathologist – judge left the jury in no doubt that the test was subjective and that their interest was in the situation of the accused on trial – relationship between provocation and mens rea properly explained to the jury – Lucas warning – specific directions on the difference between harm and serious harm – trial judge’s treatment of the standard of malice issue was quite adequate – presumption that the accused intended the natural and probable consequences of his actions – expert evidence – appeal dismissed.