R v David Odunuga

R v David Odunuga

The trial judge was correct in refusing to leave manslaughter as an alternative verdict because there was no evidential basis for it; the wounds inflicted amounted to really serious bodily harm and the evidence did not support a lesser intent. The conviction for murder was safe.

Parties
Prosecution: Rex; Applicant: David Odunuga
Jurisdiction
England and Wales
Judgment Date
28 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, Appeal Procedure, Jury Directions
Criminal Law Murder Manslaughter Appeal Procedure Jury Directions

Case Brief

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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. 1 Whether the trial judge erred in refusing to leave manslaughter as an alternative verdict to the jury
  2. 2 Whether the conviction for murder was unsafe due to the absence of a manslaughter direction

Ratio Decidendi

The trial judge was correct in refusing to leave manslaughter as an alternative verdict because there was no evidential basis for it; the wounds inflicted amounted to really serious bodily harm and the evidence did not support 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.