AZR, R. v [2024] EWCA Crim 349 (26 March 2024)

AZR, R. v [2024] EWCA Crim 349 (26 March 2024)

There was no sufficient evidence that the appellant lost self-control or that there was a qualifying trigger (fear of serious violence from the victim) to require the trial judge to leave the defence of loss of control to the jury; the judge's refusal was correct.

Citation
[2024] EWCA Crim 349
Parties
Appellant: AZR; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
26 March 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Murder, Loss of Control Defence, Self Defence, Jury Directions
Criminal Law Murder Loss of Control Defence Self Defence Jury Directions

Case Brief

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Parties

AZR

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in failing to leave the partial defence of loss of control to the jury

Ratio Decidendi

There was no sufficient evidence that the appellant lost self-control or that there was a qualifying trigger (fear of serious violence from the victim) to require the trial judge to leave the defence of loss of control to the jury; the judge's refusal was correct.

Court Disposition

appeal dismissed