Martin, R. v

Martin, R. v

No sufficient evidence was adduced to raise the issue of loss of control; the trial judge was correct not to leave it to the jury. The minimum term of 27 years was excessive and should be reduced to 24 years less time spent on remand.

Parties
Prosecution: Regina; Appellant: Jovan Martin
Jurisdiction
England and Wales
Judgment Date
13 September 2017
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal against conviction dismissed; appeal against sentence allowed in part.
Legal Topics
Murder, Loss of Control, Self Defence, Sentencing
Criminal Law Murder Loss of Control Self Defence Sentencing

Case Brief

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Parties

Regina

Prosecution

Jovan Martin

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in not leaving the issue of loss of control to the jury
  2. 2 Whether the sentence imposed was excessive

Ratio Decidendi

No sufficient evidence was adduced to raise the issue of loss of control; the trial judge was correct not to leave it to the jury. The minimum term of 27 years was excessive and should be reduced to 24 years less time spent on remand.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed in part.

Orders

  • Minimum term of 27 years quashed and substituted with 24 years less time spent on remand.
  • Concurrent sentences on other matters to stand.