Barrington Moses, R v

Barrington Moses, R v

The direction given by the trial judge on provocation was correct both at the time and under current law, and there is no basis for overturning the conviction or finding a violation of the European Convention on Human Rights.

Parties
Appellant: Barrington Moses; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
28 June 2006
Procedural Posture
Criminal Appeal / Judgment on Reference by Criminal Cases Review Commission
Outcome
appeal dismissed
Legal Topics
Murder, Provocation, Diminished Responsibility, Misdirection, European Convention on Human Rights
Criminal Law Murder Provocation Diminished Responsibility Misdirection European Convention on Human Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Barrington Moses

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Reference by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on provocation
  2. 2 Whether subsequent developments in case law affect the correctness of the direction
  3. 3 Whether the application of the law violates articles 5, 6, or 7 of the European Convention on Human Rights

Ratio Decidendi

The direction given by the trial judge on provocation was correct both at the time and under current law, and there is no basis for overturning the conviction or finding a violation of the European Convention on Human Rights.

Court Disposition

appeal dismissed

Orders

  • certification of same questions as in James and Karimi for the House of Lords
  • representation order granted for petition for leave to appeal and, if granted, for the appeal