Ibrams, R. v [1981] EWCA Crim 3 (27 July 1981)

Ibrams, R. v [1981] EWCA Crim 3 (27 July 1981)

There was no evidence of a sudden and temporary loss of self-control at the time of the killing; the killing was the result of a planned and deliberate act, not an impulsive reaction to provocation. Therefore, the trial judge was correct in not leaving the defence of provocation to the jury.

Source-derived case information.

Citation
[1981] EWCA Crim 3
Parties
Appellant: James David Ibrams; Appellant: Ian David Gregory; Respondent: The Crown; Co Defendant: Laura Andronik; Deceased: John Monk
Jurisdiction
England and Wales
Judgment Date
27 July 1981
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Murder, Provocation, Loss of Self Control, Manslaughter, Appeal Procedure
Criminal Law Murder Provocation Loss of Self Control Manslaughter Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

James David Ibrams

Appellant

Ian David Gregory

Appellant

The Crown

Respondent

Laura Andronik

Co Defendant

John Monk

Deceased

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in ruling there was no evidence of loss of self-control to leave to the jury under s.3 of the Homicide Act 1957
  2. 2 Whether gross impairment of judgment due to fear can amount to loss of self-control for the defence of provocation

Ratio Decidendi

There was no evidence of a sudden and temporary loss of self-control at the time of the killing; the killing was the result of a planned and deliberate act, not an impulsive reaction to provocation. Therefore, the trial judge was correct in not leaving the defence of provocation to the jury.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed