Kimber, R v [2000] EWCA Crim 71 (19th December, 2000)

Kimber, R v [2000] EWCA Crim 71 (19th December, 2000)

The summing-up to the jury of the medical evidence on provocation was not adequate in light of the recent House of Lords decision in R v Smith (Morgan), necessitating the quashing of the conviction and ordering of a retrial.

Citation
[2000] EWCA Crim 71
Parties
Appellant: Kimber; Respondent: The Crown
Jurisdiction
England and Wales
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed, retrial ordered
Legal Topics
Murder, Provocation, Jury Directions, Retrial
Criminal Law Murder Provocation Jury Directions Retrial

Case Brief

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Parties

Kimber

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the summing-up of medical evidence on provocation was adequate in light of recent case law
  2. 2 Whether the conviction for murder should be quashed and a retrial ordered

Ratio Decidendi

The summing-up to the jury of the medical evidence on provocation was not adequate in light of the recent House of Lords decision in R v Smith (Morgan), necessitating the quashing of the conviction and ordering of a retrial.

Court Disposition

conviction quashed, retrial ordered

Orders

  • Conviction for murder quashed
  • Retrial ordered