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R v Weller

[2003] Crim LR

Case summary last updated at 11/01/2020 16:30 by the Oxbridge Notes in-house law team.

Judgement for the case R v Weller

 Two partners had fallen out and split up. She returned to get her belongings and as a row occurred he grabbed her throat and strangled her. He pleaded provocation. The judge directed that loss of self control as a result of a provocation was not itself an excuse for murder: It had to be the case that society expected a man in the defendant’s position to react in the way he did if he was to be guilty merely of manslaughter. When asked later for guidance, she missed out the point about “what society expects of a man in that position” and the jury convicted. CA dismissed the appeal, saying that although the judge failed to direct the jury that the defendant’s predisposition towards jealousy and obsessiveness, the conviction was still safe since there was no chance that the jury would not have taken such characteristics into account. 

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