Clinton, R. v

Clinton, R. v

Sexual infidelity, standing alone, cannot amount to a qualifying trigger for the loss of control defence to murder under section 55(6)(c) of the Coroners and Justice Act 2009. However, where sexual infidelity is integral to and forms part of the context of other qualifying triggers, it may be considered as part of the overall circumstances. The trial judge must leave the loss of control defence to the jury if there is sufficient evidence of a qualifying trigger, evaluated in context. Directions to the jury must reflect the statutory requirements, and the burden of proof remains on the prosecution.

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
Appeal allowed in Clinton; new trial ordered. Appeals dismissed in Parker and Evans.
Legal Topics
Homicide, Loss of Control Defence, Partial Defences to Murder, Sexual Infidelity, Diminished Responsibility
Criminal Law Homicide Loss of Control Defence Partial Defences to Murder Sexual Infidelity Diminished Responsibility

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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 Interpretation and application of sections 54 and 55 of the Coroners and Justice Act 2009 regarding the loss of control defence to murder
  2. 2 Whether sexual infidelity can be considered as a qualifying trigger for loss of control
  3. 3 Proper directions to the jury on the loss of control defence

Ratio Decidendi

Sexual infidelity, standing alone, cannot amount to a qualifying trigger for the loss of control defence to murder under section 55(6)(c) of the Coroners and Justice Act 2009. However, where sexual infidelity is integral to and forms part of the context of other qualifying triggers, it may be considered as part of the overall circumstances. The trial judge must leave the loss of control defence to the jury if there is sufficient evidence of a qualifying trigger, evaluated in context. Directions to the jury must reflect the statutory requirements, and the burden of proof remains on the prosecution.

Court Disposition

Appeal allowed in Clinton; new trial ordered. Appeals dismissed in Parker and Evans.

Orders

  • New trial ordered for Jon-Jacques Clinton.
  • Convictions and sentences upheld for Stephen Parker and Dewi Evans.