Van Dongen & Anor, R v

Van Dongen & Anor, R v

Although the trial judge should have directed the jury on provocation, given the evidence of loss of self-control and specific conduct by the victim, the overwhelming evidence and the logic of the jury's verdicts rule out any possibility of a miscarriage of justice. No reasonable jury could have concluded that the...

Source-derived case information.

Parties
Respondent: R; Appellant: Anthony Gerrard van Dongen; Appellant: Mitchell van Dongen
Jurisdiction
England and Wales
Judgment Date
05 July 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction (murder)
Outcome
Appeal dismissed; convictions upheld
Legal Topics
Murder, Provocation, Self Defence, Jury Directions, Appeal Procedure
Criminal Law Murder Provocation Self Defence Jury Directions Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

R

Respondent

Anthony Gerrard van Dongen

Appellant

Mitchell van Dongen

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction (murder)

Legal Issues

  1. 1 Whether the trial judge erred in failing to direct the jury on provocation despite a request by defence counsel
  2. 2 Whether the convictions for murder are safe given the absence of a provocation direction
  3. 3 Whether the judge's answer to a jury question on intent was overcomplicated and confusing

Ratio Decidendi

Although the trial judge should have directed the jury on provocation, given the evidence of loss of self-control and specific conduct by the victim, the overwhelming evidence and the logic of the jury's verdicts rule out any possibility of a miscarriage of justice. No reasonable jury could have concluded that the provocative conduct was enough to make a reasonable man do as Mitchell van Dongen did. The convictions for murder are therefore safe.

Court Disposition

Appeal dismissed; convictions upheld

Orders

  • Appeals against conviction dismissed
  • Questions of sentence to be considered separately