Christian, R. v

Christian, R. v

The trial judge was entitled to conclude that the defence of loss of control was not available based on the evidence, particularly the extreme and protracted nature of the applicant's actions. The judge's approach to the admissibility of previous convictions and the directions regarding the pathological evidence were proper. The grounds of appeal were not arguable.

Parties
Prosecution: Regina; Applicant: Foster Reginald Christian
Jurisdiction
England and Wales
Judgment Date
25 January 2018
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
Application for leave to appeal against conviction refused
Legal Topics
Murder, Self Defence, Loss of Control, Admissibility of Bad Character Evidence
Criminal Law Murder Self Defence Loss of Control Admissibility of Bad Character Evidence

Case Brief

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Parties

Regina

Prosecution

Foster Reginald Christian

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to leave the partial defence of loss of control to the jury
  2. 2 Whether the trial judge erred in admitting evidence of previous convictions for violence
  3. 3 Whether the judge's directions regarding the trajectory of wounds and the applicant's account were proper

Ratio Decidendi

The trial judge was entitled to conclude that the defence of loss of control was not available based on the evidence, particularly the extreme and protracted nature of the applicant's actions. The judge's approach to the admissibility of previous convictions and the directions regarding the pathological evidence were proper. The grounds of appeal were not arguable.

Court Disposition

Application for leave to appeal against conviction refused