Practice and Procedure

R v NEIL BROOK (2012)

PUBLISHED February 14, 2012

[2012] EWCA Crim 136

There was no proper basis on which a judge could conclude that an offender convicted of manslaughter by reason of provocation was dangerous, as the effect of the jury's verdict was that his loss of control was reasonable. In relying on a pre-sentence report inconsistent with that verdict, the judge effectively went behind the jury's verdict.

CA (Crim Div) (Laws LJ, Owen J, Haddon-Cave J)