Serrano, R v

Serrano, R v

There was no evidence of specific provoking conduct resulting in a loss of self-control as required by law; the instinctive reaction of a boxer to a punch does not amount to legal provocation. The trial judge was correct not to leave provocation to the jury, and the conviction is not unsafe.

Source-derived case information.

Parties
Appellant: Raymond Samuel Serrano; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
01 December 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Murder, Provocation, Loss of Self Control, Jury Directions, Unsafe Conviction
Criminal Law Murder Provocation Loss of Self Control Jury Directions Unsafe Conviction

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Parties

Raymond Samuel Serrano

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in failing to direct the jury on provocation
  2. 2 Whether there was sufficient evidence of provocation to require a jury direction
  3. 3 Whether the conviction for murder is unsafe due to lack of provocation direction

Ratio Decidendi

There was no evidence of specific provoking conduct resulting in a loss of self-control as required by law; the instinctive reaction of a boxer to a punch does not amount to legal provocation. The trial judge was correct not to leave provocation to the jury, and the conviction is not unsafe.

Court Disposition

appeal dismissed

Orders

  • A copy of the approved transcript to be sent to the appellant via his solicitor.