[2010] EWCA Crim 3339

A judge was right not to leave the defence of provocation to the jury in a murder trial, concerning a stabbing during an ongoing group altercation, where there was insufficient evidence of provocative conduct that might have caused a loss of self-control, there was no evidence of actual loss of self-control, and the nature and quality of the accused's attack on the victim was incapable of justifying an inference of loss of self-control.

CA (Crim Div) (Elias LJ, Dobbs J, Judge Morris QC)

09/11/2010