Odunuga, R. v [2025] EWCA Crim 532 (01 April 2025)
The judge was entitled to rule that manslaughter was not an alternative verdict realistically available to the jury on the evidence, as the wounds inflicted amounted to really serious bodily harm and there was no evidential basis for a lesser intent. The conviction for murder was safe.
- Citation
- [2025] EWCA Crim 532
- Parties
- Prosecution: Rex; Applicant: David Odunuga
- Jurisdiction
- England and Wales
- Judgment Date
- 01 April 2025
- Procedural Posture
- Criminal Appeal / Application for Extension of Time to Renew Application for Leave to Appeal Against Conviction
- Outcome
- application refused
- Legal Topics
- Murder, Manslaughter, Leave to Appeal, Jury Directions, Alternative Verdicts
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
David Odunuga
Applicant
Procedural Posture
Criminal Appeal / Application for Extension of Time to Renew Application for Leave to Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in refusing to leave an alternative verdict of manslaughter to the jury
- 2 Whether the conviction for murder was unsafe due to the absence of a manslaughter direction
Ratio Decidendi
The judge was entitled to rule that manslaughter was not an alternative verdict realistically available to the jury on the evidence, as the wounds inflicted amounted to really serious bodily harm and there was no evidential basis for a lesser intent. The conviction for murder was safe.
Court Disposition
application refused
Orders
- Application for extension of time to renew application for leave to appeal against conviction is refused.
Full Case Text
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