Mohammed, R. v

Mohammed, R. v

The evidence of past violence was properly admitted to rebut the applicant's claim of being peaceable; the judge's directions reflected the law as understood at the time, and the conviction would have been safe even under the stricter current law of provocation. No procedural or evidential error rendered the conviction unsafe.

Parties
Respondent: Regina; Applicant: Faqir Mohammed
Jurisdiction
England and Wales
Judgment Date
13 July 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction, Post Trial
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Murder, Manslaughter, Provocation, Admissibility of Evidence, Jury Directions
Criminal Law Murder Manslaughter Provocation Admissibility of Evidence Jury Directions

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Faqir Mohammed

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Conviction, Post Trial

Legal Issues

  1. 1 Whether inadmissible and prejudicial evidence of past violence rendered the conviction unsafe
  2. 2 Whether the judge erred in failing to direct the jury not to allow evidence of past violence to prejudice them
  3. 3 Whether the judge erred in refusing to discharge the jury after witness letters

Ratio Decidendi

The evidence of past violence was properly admitted to rebut the applicant's claim of being peaceable; the judge's directions reflected the law as understood at the time, and the conviction would have been safe even under the stricter current law of provocation. No procedural or evidential error rendered the conviction unsafe.

Court Disposition

Appeal dismissed; conviction upheld.