Chivers, R. v

Chivers, R. v

The judge's directions on provocation, prior convictions, and section 34 were not materially defective so as to render the conviction unsafe; there was no justification to adjourn for further evidence on diminished responsibility.

Parties
Respondent: Regina; Appellant: John Austin Chivers
Jurisdiction
England and Wales
Judgment Date
12 April 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Murder, Self Defence, Provocation, Manslaughter, Admissibility of Prior Convictions, Section 34 Criminal Justice and Public Order Act 1994, Diminished Responsibility
Criminal Law Murder Self Defence Provocation Manslaughter Admissibility of Prior Convictions Section 34 Criminal Justice and Public Order Act 1994 Diminished Responsibility

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Parties

Regina

Respondent

John Austin Chivers

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge properly directed the jury on provocation
  2. 2 Whether the trial judge's direction regarding prior convictions for dishonesty was appropriate
  3. 3 Whether the section 34 direction regarding adverse inferences from police interviews was correct

Ratio Decidendi

The judge's directions on provocation, prior convictions, and section 34 were not materially defective so as to render the conviction unsafe; there was no justification to adjourn for further evidence on diminished responsibility.

Court Disposition

appeal dismissed