R v Shane James Henderson Myles

R v Shane James Henderson Myles

There was no sufficient evidence of loss of self-control; the appellant’s actions were deliberate and considered, inconsistent with the statutory defence. The judge’s refusal to leave the partial defence to the jury was correct.

Source-derived case information.

Parties
Appellant: Shane James Henderson Myles; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Murder, Loss of Self Control, Partial Defences, Appeal Procedure
Criminal Law Murder Loss of Self Control Partial Defences Appeal Procedure

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Parties

Shane James Henderson Myles

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether there was sufficient evidence to leave the defence of loss of self-control to the jury
  2. 2 Whether the trial judge erred in refusing to leave the partial defence under section 54 of the Coroners and Justice Act 2009

Ratio Decidendi

There was no sufficient evidence of loss of self-control; the appellant’s actions were deliberate and considered, inconsistent with the statutory defence. The judge’s refusal to leave the partial defence to the jury was correct.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • no retrial ordered