Weller, R v

Weller, R v

The judge's directions did not exclude the appellant's jealousy and possessiveness from the jury's consideration. The directions, taken as a whole, allowed the jury to consider all relevant characteristics, and there was no misdirection that rendered the conviction unsafe.

Parties
Prosecution: Regina; Appellant: David Weller
Jurisdiction
England and Wales
Judgment Date
26 March 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Murder, Manslaughter, Provocation, Jury Directions
Criminal Law Murder Manslaughter Provocation Jury Directions

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

David Weller

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge's directions to the jury on provocation were adequate and in line with the House of Lords decision in R v Smith (Morgan) [2001]

Ratio Decidendi

The judge's directions did not exclude the appellant's jealousy and possessiveness from the jury's consideration. The directions, taken as a whole, allowed the jury to consider all relevant characteristics, and there was no misdirection that rendered the conviction unsafe.

Court Disposition

appeal dismissed