R v James [2006] 1 All ER 759
Judgement for the case R v James
Table Of Contents
Conclusive decision in favour of the Jersey v Holley model.
James (J) went to his wife’s new house and in a row killed her, pleading provocation.
The judge directed the jury to consider “First of all, was the defendant provoked so as to lose his self-control? Secondly, would a reasonable man have done as the defendant did?”
Given that Holley occurred and supervened Smith while this trial was taking place, the CA dismissed the convicted J’s appeal and the HL refused leave to appeal.
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