The law to be applied when a defence of provocation was raised was to be found in the majority decision of the Privy Council in Attorney-General for Jersey v Holley (2005) UKPC 23, (2005) 2 AC 580 and not the majority decision of the House of Lords in R v Smith (Morgan James) (2001) 1 AC 146.

[2006] EWCA Crim 14

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