Gittins & Anor, R. v

Gittins & Anor, R. v

There was arguably evidence of provoking conduct and loss of self-control that went beyond the fanciful or speculative, so the issue of provocation should have been left to the jury. Leave to appeal is granted for Gittins, and Ellison's appeal is adjourned to be heard together.

Parties
Prosecutor: Regina; Applicant: Marvin Gittins; Appellant: Jermaine Andrew Ellison
Jurisdiction
England and Wales
Judgment Date
21 January 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Sentence Appeal
Outcome
leave to appeal granted for Gittins; Ellison's appeal adjourned
Legal Topics
Murder, Manslaughter, Provocation, Self Defence, Appeal Procedure
Criminal Law Murder Manslaughter Provocation Self Defence Appeal Procedure

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Parties

Regina

Prosecutor

Marvin Gittins

Applicant

Jermaine Andrew Ellison

Appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Sentence Appeal

Legal Issues

  1. 1 Whether the issue of provocation should have been left to the jury despite self-defence being the primary defence
  2. 2 Whether there was sufficient evidence of provoking conduct and loss of self-control to warrant jury consideration

Ratio Decidendi

There was arguably evidence of provoking conduct and loss of self-control that went beyond the fanciful or speculative, so the issue of provocation should have been left to the jury. Leave to appeal is granted for Gittins, and Ellison's appeal is adjourned to be heard together.

Court Disposition

leave to appeal granted for Gittins; Ellison's appeal adjourned

Orders

  • Gittins granted leave to appeal against conviction
  • Gittins granted legal assistance for appeal