R v George Henry Knights
There was no evidence to support a loss of control defence, and the trial judge was correct not to direct the jury on this issue. The sentencing judge was entitled to conclude the murder was committed for gain and to impose a minimum term of 23 years, which was not manifestly excessive.
- Parties
- Applicant: George Henry Knights; Respondent: Rex
- Jurisdiction
- England and Wales
- Judgment Date
- 27 June 2024
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
- Outcome
- Leave to appeal against conviction and sentence refused.
- Legal Topics
- Murder, Loss of Control Defence, Self Defence, Sentencing, Minimum Term
Case Brief
Summary, issues, holding and outcome
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Parties
George Henry Knights
Applicant
Rex
Respondent
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the partial defence of loss of control should have been left to the jury
- 2 Whether the conviction for murder is unsafe
- 3 Whether the minimum term imposed was manifestly excessive
Ratio Decidendi
There was no evidence to support a loss of control defence, and the trial judge was correct not to direct the jury on this issue. The sentencing judge was entitled to conclude the murder was committed for gain and to impose a minimum term of 23 years, which was not manifestly excessive.
Court Disposition
Leave to appeal against conviction and sentence refused.
Orders
- Application for extension of time refused.
- Minimum term of 23 years upheld.
Full Case Text
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