Cheng, R. v [2024] EWCA Crim 1400 (25 October 2024)

Cheng, R. v [2024] EWCA Crim 1400 (25 October 2024)

There was no sufficient evidence that the appellant's acts in killing the deceased resulted from a loss of self-control. The circumstantial evidence advanced was speculative and did not meet the threshold to leave the partial defence of loss of control to the jury. The trial judge correctly exercised his gatekeeping function and did not err in law.

Citation
[2024] EWCA Crim 1400
Parties
Respondent: Rex; Appellant: Lea Rose Cheng
Jurisdiction
England and Wales
Judgment Date
25 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Murder, Loss of Control Defence, Self Defence, Diminished Responsibility, Jury Directions
Criminal Law Murder Loss of Control Defence Self Defence Diminished Responsibility Jury Directions

Case Brief

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Parties

Rex

Respondent

Lea Rose Cheng

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to leave the partial defence of loss of control to the jury under section 54(1) of the Coroners and Justice Act 2009.

Ratio Decidendi

There was no sufficient evidence that the appellant's acts in killing the deceased resulted from a loss of self-control. The circumstantial evidence advanced was speculative and did not meet the threshold to leave the partial defence of loss of control to the jury. The trial judge correctly exercised his gatekeeping function and did not err in law.

Court Disposition

appeal dismissed