Thornton, R. v [1995] EWCA Crim 6 (13 December 1995)

Thornton, R. v [1995] EWCA Crim 6 (13 December 1995)

Fresh medical evidence and clarification of the law regarding relevant characteristics for provocation cast doubt on the safety of the jury's verdict; the jury was not properly directed to consider the appellant's personality disorder and battered woman syndrome as relevant characteristics. The conviction is unsafe and must be quashed.

Citation
[1995] EWCA Crim 6
Parties
Appellant: Sara Thornton; Deceased: Malcolm Thornton; Referrer: Secretary of State; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
13 December 1995
Procedural Posture
Criminal Appeal / Post Conviction, Referred Under Section 17 Criminal Appeal Act 1968
Outcome
conviction quashed, retrial ordered
Legal Topics
Murder, Manslaughter, Provocation, Diminished Responsibility, Battered Woman Syndrome, Fresh Evidence, Jury Directions
Criminal Law Murder Manslaughter Provocation Diminished Responsibility Battered Woman Syndrome Fresh Evidence 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 3 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sara Thornton

Appellant

Malcolm Thornton

Deceased

Secretary of State

Referrer

Crown

Respondent

Procedural Posture

Criminal Appeal / Post Conviction, Referred Under Section 17 Criminal Appeal Act 1968

Legal Issues

  1. 1 Whether the appellant's conviction for murder is safe given fresh medical evidence and developments in the law of provocation
  2. 2 Whether the jury was properly directed on the relevance of the appellant's characteristics to the defence of provocation
  3. 3 Whether a retrial is appropriate

Ratio Decidendi

Fresh medical evidence and clarification of the law regarding relevant characteristics for provocation cast doubt on the safety of the jury's verdict; the jury was not properly directed to consider the appellant's personality disorder and battered woman syndrome as relevant characteristics. The conviction is unsafe and must be quashed.

Court Disposition

conviction quashed, retrial ordered

Orders

  • Conviction quashed
  • Retrial ordered at Birmingham Crown Court within two months