Early v HM Advocate [2009] ScotHC HCJAC_87 (27 November 2009)

The trial judge's directions, though not perfectly expressed, conveyed the correct legal test for provocation and did not amount to misdirection or a miscarriage of justice.

Citation: [2009] ScotHC HCJAC_87
Parties: Appellant: Adele Early; Respondent: The Lord Advocate
Jurisdiction: Scotland
Judgment Date: 27 November 2009
Procedural Posture: Appeal Against Conviction / Judgment on Appeal
Outcome: appeal refused
Legal Topics: Murder, Provocation, Culpable Homicide, Jury Directions, Misdirection

Criminal Law Murder Provocation Culpable Homicide Jury Directions Misdirection

Case Brief

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Parties

Adele Early

Appellant

The Lord Advocate

Respondent

Procedural Posture

Appeal Against Conviction / Judgment on Appeal

Legal Issues

1 Whether the trial judge's directions on provocation were inadequate and confusing
2 Whether the jury should have been directed to return a verdict of culpable homicide if provocation was established
3 Whether the judge failed to direct the jury on evidence supporting provocation

Ratio Decidendi

The trial judge's directions, though not perfectly expressed, conveyed the correct legal test for provocation and did not amount to misdirection or a miscarriage of justice.

Court Disposition

appeal refused