Farnell, R. (on application by) v Criminal Cases Review Commission

Farnell, R. (on application by) v Criminal Cases Review Commission

The Commission misdirected itself as to the nature of the appellate exercise by failing to recognise the shortcomings in the trial judge's directions on provocation and by not giving adequate weight to the jury's statutory role. The Commission's predictive assessment of the Court of Appeal's approach was flawed, requiring the decision not to refer to be quashed and reconsidered.

Parties
Claimant: Nicholas Farnell; Defendant: Criminal Cases Review Commission
Jurisdiction
England and Wales
Judgment Date
15 April 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review allowed; Commission's decision quashed.
Legal Topics
Provocation, Diminished Responsibility, Unsafe Conviction, Fresh Evidence, Appellate Review, Jury Directions
Criminal Law Judicial Review Provocation Diminished Responsibility Unsafe Conviction Fresh Evidence Appellate Review Jury Directions

Case Brief

Summary, issues, holding and outcome

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Parties

Nicholas Farnell

Claimant

Criminal Cases Review Commission

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Commission misdirected itself regarding the appellate test for unsafe conviction in provocation cases
  2. 2 Whether the Commission failed to recognise the relevance of fresh psychiatric evidence to provocation
  3. 3 Whether the trial judge's directions on provocation were defective

Ratio Decidendi

The Commission misdirected itself as to the nature of the appellate exercise by failing to recognise the shortcomings in the trial judge's directions on provocation and by not giving adequate weight to the jury's statutory role. The Commission's predictive assessment of the Court of Appeal's approach was flawed, requiring the decision not to refer to be quashed and reconsidered.

Court Disposition

Application for judicial review allowed; Commission's decision quashed.

Orders

  • Commission's decision of 2 July 2002 not to refer Mr Farnell's application to the Court of Appeal quashed.
  • Case remitted to the Commission for reconsideration in accordance with the court's judgment.