Case link: Provocation – Hill [2008] EWCA Crim 76

“The CCRC referred his case to this court because, following the decision of the House of Lords in Morgan Smith [2001] 1 AC 146, and given a new assertion that the appellant had been the victim of childhood sexual abuse, there was doubt that the issue of provocation had properly been before the jury…”
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Case link: Provocation – objective test – Attorney General for Jersey v Holley BAILII: [2005] UKPC 23

“This appeal from the Court of Appeal of Jersey calls for examination of the law relating to provocation as a defence or, more precisely, as a partial defence to a charge of murder. Jersey law on this subject is the same as English law. In July 2000 the House of Lords considered the ingredients of [...]

Case link: Manslaughter – gross negligence – Andrews v DPP – BAILII: [1937] UKHL 1 ; [1937] AC 576

“My Lords, of all crimes manslaughter appears to afford most difficulties of definition, for it concerns homicide in so many and so varying conditions. From the early days when any homicide involved penalty the law has gradually evolved ” through ” successive differentiations and integrations” until it recognises
murder on the one hand, based mainly though [...]

Case link: Murder – mens rea – Clarke [2006] EWCA Crim 3427

“The judge’s direction was wrong in a number of respects… It was wrong to refer to an act which sober and reasonable people would inevitably realise must subject the victim to at least the risk of some harm, although not necessarily serious harm. That direction was repeated on a number of occasions. It has no [...]

Case link: Infanticide – Gore [2007] EWCA Crim 2789

“At the heart of this reference is the CCRC’s submission that a woman can only be convicted of infanticide under section 1(1) of the Infanticide Act 1938 if all the ingredients of murder are proved, in particular if the mens rea for murder is proved, namely an intention to kill or to cause really serious [...]