McCann, R v

McCann, R v

The trial judge was correct in not directing the jury on self-defence as it did not arise on the evidence, and the Watson direction was properly given without exerting undue pressure; the safety of the verdict was not threatened.

Parties
Respondent: Regina; Appellant: Tony McCann
Jurisdiction
England and Wales
Judgment Date
06 April 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Murder, Jury Directions, Self Defence, Diminished Responsibility, Watson Direction
Criminal Law Murder Jury Directions Self Defence Diminished Responsibility Watson Direction

Case Brief

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Parties

Regina

Respondent

Tony McCann

Appellant

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 self-defence
  2. 2 Whether the Watson direction given to the jury was appropriate and exerted undue pressure

Ratio Decidendi

The trial judge was correct in not directing the jury on self-defence as it did not arise on the evidence, and the Watson direction was properly given without exerting undue pressure; the safety of the verdict was not threatened.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • sentence of life imprisonment with a minimum term of 21 years less 629 days on remand confirmed