Nutt, R. v [2023] EWCA Crim 1575 (05 October 2023)

Nutt, R. v [2023] EWCA Crim 1575 (05 October 2023)

There was insufficient evidence that intoxication could have affected the applicant's intent to kill or cause serious harm; therefore, the judge was not required to give a full intoxication direction. The conviction is safe.

Citation
[2023] EWCA Crim 1575
Parties
Prosecution: Rex; Applicant/defendant: Thomas Michael Nutt
Jurisdiction
England and Wales
Judgment Date
05 October 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
leave to appeal refused
Legal Topics
Murder, Intoxication, Jury Directions, Appeals, Mens Rea
Criminal Law Murder Intoxication Jury Directions Appeals Mens Rea

Case Brief

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Parties

Rex

Prosecution

Thomas Michael Nutt

Applicant/defendant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in failing to give a full intoxication direction to the jury in a murder trial where some evidence of alcohol consumption existed.
  2. 2 Whether the conviction for murder is unsafe due to the alleged misdirection regarding intoxication and intent.

Ratio Decidendi

There was insufficient evidence that intoxication could have affected the applicant's intent to kill or cause serious harm; therefore, the judge was not required to give a full intoxication direction. The conviction is safe.

Court Disposition

leave to appeal refused