Khatun v R.

Khatun v R.

The appeal was dismissed because the evidence established a deliberate, pre-planned murder, leaving no scope for provocation or manslaughter. The exclusion of expert evidence was justified as it was irrelevant to the assessment of the appellant's credibility. The sentence was not manifestly excessive given the aggravating features.

Parties
Appellant: Mahmuda Khatun; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
11 February 2010
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Murder, Intent, Provocation, Expert Evidence, Self Defence, Sentence Appeal
Criminal Law Murder Intent Provocation Expert Evidence Self Defence Sentence Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mahmuda Khatun

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 whether the trial judge erred in withdrawing the issue of intent for murder from the jury
  2. 2 whether the trial judge erred in refusing to leave provocation to the jury
  3. 3 whether the exclusion of expert evidence was wrong

Ratio Decidendi

The appeal was dismissed because the evidence established a deliberate, pre-planned murder, leaving no scope for provocation or manslaughter. The exclusion of expert evidence was justified as it was irrelevant to the assessment of the appellant's credibility. The sentence was not manifestly excessive given the aggravating features.

Court Disposition

appeal dismissed

Orders

  • conviction for murder upheld
  • minimum term of 17 years less 459 days on remand confirmed