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The Privy Council held that misdirections on evidence, intention, and premeditation in a Mauritian murder trial amounted to a serious irregularity.
The Privy Council quashed murder and armed robbery convictions, finding faulty joint-enterprise directions and restoring robbery as a substitute conviction.
The Privy Council quashed Roger Watson’s 50-year manslaughter sentence, holding he should have been heard on sentence and given reasons, and remitted the case.
The Privy Council allowed Anderson’s appeal against a murder conviction, holding that the diminished responsibility evidence was mishandled and the conviction unsafe.
The Privy Council held that cross-examination of the main prosecution witness was wrongly restricted, allowing McGillvery’s appeal but dismissing Clarke’s and Martin’s.
The Privy Council held that foresight alone is not enough for secondary liability for murder; intention to assist or encourage is required.
DA010502012 [2015] UKAITUR DA010502012 (21 October 2015)
Upper Tribunal set aside a First-tier Tribunal deportation decision, finding legal error in its reliance on hearsay evidence and its assessment of manslaughter facts.
The Privy Council quashed Robinson’s murder conviction, holding the jury had been misled on diminished responsibility and substituting manslaughter.
The Privy Council held that the trial judge’s provocation direction was correct, new evidence about scissors added nothing material, and the murder conviction was restored.
The Privy Council dismissed Phillip Tillett’s appeal from Belize, holding that counsel’s handling of key witness evidence did not undermine the conviction and that the confession issue caused no unfairness.
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