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Article: Law Report: Case Summaries
- Article from:
- The Independent (London, England)
- Article date:
- February 28, 1994
CopyrightCopyright 1994 The Independent - London. Provided by ProQuest LLC. (Hide copyright information)
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The following notes of judgments were prepared by the reporters
of the All England Law Reports.
Crime
R v Cambridge; CA (Crim Div) (Lord Taylor of Gosforth LCJ, Auld,
Mitchell JJ); 14 Feb 1994.
At a trial for murder, even when the defence of provocation is
not raised and was contrary to defence contentions, it was for the
judge to decided whether there was evidence to go before the jury
that the defendant was or might have been provoked to lose his
self- control.
Once the judge had concluded that there was evidence from which
a reasonable jury might properly conclude that the defendant was,
in fact, provoked to lose his self-control, or that he might have
been, then, pursuant to s3 of the ...