Read the full judgment text of CACC 000174/1995 on BabelCite. This Court of Appeal judgment was delivered on 13 February 1997 before Power, Ag. C.J., Mortimer JA, Mayo JA.
Criminal law – murder – defence of provocation – adequacy of trial judge's direction – reasonable man test – characteristics of accused – direction to consider such characteristics as affect gravity of provocation – R. v. Camplin applied – corrective direction curing any deficiency in original direction – Criminal Procedure Ordinance s.83K(1)(a) – appeal against conviction – incompetence of trial counsel – advice not to give evidence – wholly exceptional circumstances – flagrant incompetence test – R. v. Clinton – Sankar v. State of Trinidad and Tobago – R. v. Wellings – decision made on proper instructions and after advice – cooling-off period undermining provocation – 30 minutes between insult and attack – applicant signed written note not to give evidence – Court of Appeal dismissed application for leave to appeal against conviction.
Legal issues: Adequacy of trial judge's provocation direction · Alleged incompetence of trial counsel in advising applicant not to give evidence
Outcome: Application for leave to appeal against conviction dismissed.