Richard Anthony Daniel v The State

Richard Anthony Daniel v The State

There was no evidence of loss of self-control fit to go to the jury; provocation did not arise. There is no rule of law barring 'self-induced' provocation, but it is a matter for the jury. Provocation is not available as a partial defence to murder under the felony/murder rule. The judge must decide if provocation arises on the evidence before leaving it to the jury.

Parties
Appellant: Richard Anthony Daniel; Respondent: The State
Jurisdiction
England and Wales
Judgment Date
13 February 2014
Procedural Posture
Criminal Appeal / Appeal From Court of Appeal of Trinidad and Tobago to Privy Council
Outcome
Appeal against conviction dismissed; appeal against sentence allowed
Legal Topics
Murder, Provocation, Felony/murder Rule, Sentencing, Jury Directions
Criminal Law Murder Provocation Felony/murder Rule Sentencing Jury Directions

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 4 Authorities cited 41 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Richard Anthony Daniel

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Court of Appeal of Trinidad and Tobago to Privy Council

Legal Issues

  1. 1 Whether provocation should have been left to the jury in a murder trial where the accused was convicted under the felony/murder rule
  2. 2 Whether 'self-induced' provocation is a bar to the defence of provocation
  3. 3 Whether provocation is available as a partial defence to murder under the felony/murder rule in Trinidad and Tobago

Ratio Decidendi

There was no evidence of loss of self-control fit to go to the jury; provocation did not arise. There is no rule of law barring 'self-induced' provocation, but it is a matter for the jury. Provocation is not available as a partial defence to murder under the felony/murder rule. The judge must decide if provocation arises on the evidence before leaving it to the jury.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed

Orders

  • Sentence of death quashed
  • Case remitted to the Court of Appeal for imposition of appropriate sentence