Barnard, R v

Barnard, R v

There was no evidential basis for directing the jury on manslaughter; the applicant's account could not explain the injuries, which were caused by manual strangulation, and the alternative verdict was not obviously raised by the evidence.

Parties
Prosecution: Regina; Applicant: Keeley Theresa Barnard
Jurisdiction
England and Wales
Judgment Date
19 March 2019
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
renewed application refused
Legal Topics
Murder, Manslaughter, Jury Directions, Alternative Verdicts
Criminal Law Murder Manslaughter Jury Directions Alternative Verdicts

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Parties

Regina

Prosecution

Keeley Theresa Barnard

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred by not leaving an alternative verdict of manslaughter to the jury

Ratio Decidendi

There was no evidential basis for directing the jury on manslaughter; the applicant's account could not explain the injuries, which were caused by manual strangulation, and the alternative verdict was not obviously raised by the evidence.

Court Disposition

renewed application refused