[2009] UKPC 42
In wrongly deciding not to leave the question of provocation to the jury to determine, a judge had accepted part of the offender's evidence concerning self control, which had usurped the jury's task of determining the credibility and reliability of the offender's evidence and of drawing the appropriate inferences from all the evidence.
PC (Trin) (Lord Phillips, Lord Saville, Lord Rodger, Lord Walker, Lord Mance)
04/11/2009