Daniel (Appellant) v The State (Respondent)

Daniel (Appellant) v The State (Respondent)

There was no evidence of loss of self-control to support provocation; there is no rule of law absolutely excluding self-induced provocation, but provocation does not apply to felony/murder cases. The mandatory death penalty is unconstitutional in this case.

Citation
[2014] UKPC 3
Parties
Appellant: Richard Anthony Daniel; Respondent: The State
Jurisdiction
United Kingdom
Judgment Date
13 February 2014
Procedural Posture
Criminal Appeal / Appeal From Court of Appeal to Privy Council
Outcome
Appeal against conviction dismissed; appeal against sentence allowed.
Legal Topics
Murder, Provocation, Felony/murder Rule, Mandatory Death Penalty, Jury Directions, Partial Defences, Loss of Control
Criminal Law Constitutional Law Murder Provocation Felony/murder Rule Mandatory Death Penalty Jury Directions Partial Defences +1 more

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Parties

Richard Anthony Daniel

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Court of Appeal to Privy Council

Legal Issues

  1. 1 Whether provocation should have been left to the jury as a partial defence to murder
  2. 2 Whether self-induced provocation is excluded as a matter of law
  3. 3 Whether provocation applies to felony/murder cases under Trinidad and Tobago law

Ratio Decidendi

There was no evidence of loss of self-control to support provocation; there is no rule of law absolutely excluding self-induced provocation, but provocation does not apply to felony/murder cases. The mandatory death penalty is unconstitutional in this case.

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed.

Orders

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