Source: All England Reporter
Publisher Citation: [2004] All ER (D) 469 (Jul)
Neutral Citation: [2004] EWCA Crim 1914
Court: Court of Appeal, Criminal Division
Judge:

Keene LJ, Moses and Mitting JJ

Representation Michael Mansfield QC and Joel Bennathan (assigned by the Registrar of Criminal Appeals) for the defendant.
  Leighton Davies QC and Trevor Davies (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 27 July 2004

Catchwords

Criminal law - Murder - Defence - Provocation - Lies told by accused during investigation - Direction to jury - Safety of conviction.

The Case

The defendant's conviction for murder was safe despite the judge having failed to give the jury a direction on the relevance of lies to the issue of provocation, which had not been put forward by the defendant but had been left by the judge to the jury, since it would not have affected the jury's verdict in any event.

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