Clinton, R. v [2012] EWCA Crim 2 (17 January 2012)

Clinton, R. v [2012] EWCA Crim 2 (17 January 2012)

Sexual infidelity, while excluded as a standalone qualifying trigger for the loss of control defence, is not subject to a blanket exclusion and may be considered as part of the context where it is integral to other qualifying triggers; trial judges must ensure that the statutory requirements are properly applied and that the jury is directed accordingly.

Citation
[2012] EWCA Crim 2
Parties
Respondent: R; Appellant: Jon-Jacques Clinton; Appellant: Stephen Parker; Appellant: Dewi Evans
Jurisdiction
England and Wales
Judgment Date
17 January 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction for Murder
Outcome
Appeals allowed in part; new trials ordered where appropriate; guidance given on the correct application of the loss of control defence.
Legal Topics
Homicide, Loss of Control Defence, Partial Defences to Murder, Sexual Infidelity, Statutory Interpretation
Criminal Law Homicide Loss of Control Defence Partial Defences to Murder Sexual Infidelity Statutory Interpretation

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Parties

R

Respondent

Jon-Jacques Clinton

Appellant

Stephen Parker

Appellant

Dewi Evans

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction for Murder

Legal Issues

  1. 1 Whether sexual infidelity is wholly excluded as a qualifying trigger for the loss of control defence under sections 54 and 55 of the Coroners and Justice Act 2009
  2. 2 Whether the trial judges correctly applied the law in leaving or withdrawing the loss of control defence from the jury

Ratio Decidendi

Sexual infidelity, while excluded as a standalone qualifying trigger for the loss of control defence, is not subject to a blanket exclusion and may be considered as part of the context where it is integral to other qualifying triggers; trial judges must ensure that the statutory requirements are properly applied and that the jury is directed accordingly.

Court Disposition

Appeals allowed in part; new trials ordered where appropriate; guidance given on the correct application of the loss of control defence.

Orders

  • Conviction of Clinton quashed and retrial ordered.
  • Guidance issued to trial judges on the application of sections 54 and 55 of the Coroners and Justice Act 2009.