El-Faisal, R v
The trial judge's directions, though not specifically tailored to the battlefield/self-defence argument, were not erroneous or unfair. The jury was adequately apprised of the appellant's defence and rejected it, finding the exhortations were general and constituted unlawful solicitation to murder. The conviction is safe.
- Parties
- Respondent: R; Appellant: El-Faisal
- Jurisdiction
- England and Wales
- Judgment Date
- 04 March 2004
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Conviction
- Outcome
- Appeal dismissed
- Legal Topics
- Soliciting to Murder, Self Defence, Jury Directions, Incitement, Public Order Offences
Case Brief
Summary, issues, holding and outcome
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Parties
R
Respondent
El-Faisal
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge gave adequate directions to the jury regarding the unlawfulness of the killing solicited under the doctrine of self-defence
- 2 Whether the appellant's exhortations were limited to lawful acts of self-defence or constituted unlawful solicitation to murder
Ratio Decidendi
The trial judge's directions, though not specifically tailored to the battlefield/self-defence argument, were not erroneous or unfair. The jury was adequately apprised of the appellant's defence and rejected it, finding the exhortations were general and constituted unlawful solicitation to murder. The conviction is safe.
Court Disposition
Appeal dismissed
Orders
- Conviction upheld
- No change to sentence
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