Miao, R. v

Miao, R. v

There was insufficient material for a jury to find as a reasonable possibility that the defendant lost his self-control as a result of provoking conduct; therefore, the judge was correct not to leave provocation to the jury.

Parties
Appellant: Hui Miao; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
17 November 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Murder, Provocation, Loss of Self Control, Intent
Criminal Law Murder Provocation Loss of Self Control Intent

Case Brief

Summary, issues, holding and outcome

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Parties

Hui Miao

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in not leaving the issue of provocation to the jury
  2. 2 Whether there was sufficient evidence of loss of self-control to justify a provocation direction

Ratio Decidendi

There was insufficient material for a jury to find as a reasonable possibility that the defendant lost his self-control as a result of provoking conduct; therefore, the judge was correct not to leave provocation to the jury.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence affirmed