Karimi, R v

Karimi, R v

The conviction for murder was unsafe due to material misdirection in the judge's summing-up on provocation, specifically the failure to direct the jury to consider psychiatric evidence relevant to the defendant's loss of self-control and special characteristics, as required by current law.

Parties
Appellant: Jamal Karimi; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
10 February 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction, Post Reference by Criminal Cases Review Commission
Outcome
appeal allowed, conviction quashed, retrial ordered
Legal Topics
Murder, Manslaughter, Provocation, Diminished Responsibility, Psychiatric Evidence, Misdirection, Retrial
Criminal Law Murder Manslaughter Provocation Diminished Responsibility Psychiatric Evidence Misdirection Retrial

Case Brief

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Parties

Jamal Karimi

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction, Post Reference by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the judge's summing-up on provocation was defective under current law
  2. 2 Whether fresh psychiatric evidence should be admitted
  3. 3 Whether the conviction for murder was safe given the psychiatric evidence and jury directions

Ratio Decidendi

The conviction for murder was unsafe due to material misdirection in the judge's summing-up on provocation, specifically the failure to direct the jury to consider psychiatric evidence relevant to the defendant's loss of self-control and special characteristics, as required by current law.

Court Disposition

appeal allowed, conviction quashed, retrial ordered

Orders

  • conviction quashed
  • retrial ordered