Court of Criminal Appeal allows appeal and quashes conviction for unlawful killing, finding that there was sufficient evidence for the defence of self-defence and provocation to go to the jury, and whether the amount of force used is objectively reasonable is quintessentially a matter of fact for a jury, albeit that the judge would have been entitled to make clear to the jury how limited that evidence was and the weight of contrary evidence.
Criminal law – charge to jury – self-defence – provocation – charge of unlawful killing/murder – jury was addressed on the question of provocation but not on the question of self-defence – whether an issue has been raised sufficient for it to go to a jury – whether the amount of force used is objectively reasonable is quintessentially a matter of fact for a jury – there was a sufficient case to go to the jury, albeit that the judge would have been entitled to make clear to the jury how limited that evidence was and the weight of contrary evidence – conviction quashed.