Farnell, R v

Farnell, R v

The conviction for murder was unsafe due to defective jury directions on provocation and failure to direct the jury to consider the reasonable man test in light of the appellant's mental condition. The verdict might reasonably have been different had the correct directions been given.

Parties
Prosecutor: Regina; Appellant: Nicholas Farnell
Jurisdiction
England and Wales
Judgment Date
12 April 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
conviction for murder quashed; substituted with manslaughter by reason of provocation; sentence reduced
Legal Topics
Murder, Manslaughter, Provocation, Diminished Responsibility, Jury Directions, Appeal, Criminal Cases Review Commission
Criminal Law Murder Manslaughter Provocation Diminished Responsibility Jury Directions Appeal Criminal Cases Review Commission

Case Brief

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Parties

Regina

Prosecutor

Nicholas Farnell

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge's direction on provocation complied with section 3 of the Homicide Act 1967
  2. 2 Whether the jury should have been directed to consider the reasonable man test in light of the appellant's mental condition
  3. 3 Whether the conviction for murder was safe given the defects in the summing-up

Ratio Decidendi

The conviction for murder was unsafe due to defective jury directions on provocation and failure to direct the jury to consider the reasonable man test in light of the appellant's mental condition. The verdict might reasonably have been different had the correct directions been given.

Court Disposition

conviction for murder quashed; substituted with manslaughter by reason of provocation; sentence reduced

Orders

  • Conviction for murder quashed
  • Verdict of manslaughter by reason of provocation substituted