R v Rossiter
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Criminal Division) |
| Date | 1992 |
| Year | 1992 |
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44 cases
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PP v Mas Swan bin Adnan
...is one of opinion not of law: whether a reasonable man might have reacted to that provocation as the accused did. In Reg. v. Rossiter [1994] 2 All E.R. 752, 758, Russell L.J. said: We take the law to be that wherever there is material which is capable of amounting to provocation, however te......
- R v Humphreys
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[2012] 3 SLR 527
...is one of opinion not of law: whether a reasonable man might have reacted to that provocation as the accused did. In Reg. v. Rossiter [1994] 2 All E.R. 752, 758, Russell L.J. said: We take the law to be that wherever there is material which is capable of amounting to provocation, however te......
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R v Thornton (No. 2)
... ... In those circumstances the trial judge considered he had a duty to leave provocation as an issue for the jury's consideration. He was clearly right to do so. ( See Hopper 11 Cr App R 136 ; Bullard 1957 AC 635 and most recently Rossiter 95 Cr App R 326 ) ... 22 The duty to leave provocation to the jury even when the defence has not relied on it and even when in some cases they may regard it as an embarrassment or distraction, creates problems for the judge. In the present case the judge's direction was as follows: ... 23 ... ...
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6 books & journal articles
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Descent into Murder: Provocation's Stricture—The Prognosis for Women Who Kill Men Who Abuse Them
...2 AC 580 at [22] 9 D. M. Kahan and M. C. Nussbaum, ‘Two Conceptions of Emotion in Criminal Law’ (1996) 96 Col LR 269. 10 R v Rossiter (1992) 95 Cr App R 326.11 Ibid. Russell LJ stated: ‘We take the law to be that wherever there is which is capable of amounting to provocation, however tenuou......
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Anger and Fear as Justifiable Preludes for Loss of Self-Control
...he thinks there is any evidence from which a jury could85 R v Smith (Rocky) [2009] EWCA Crim 2461.86 [1957] AC 635.87 (1992) 95 Cr App R 326.88 [2003] EWCA Crim 3486.Anger and Fear as Justifiable Preludes for Loss of reasonably conclude that there was loss of self-control. This will includ......
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Women Who Kill Abusive Men: The Limitations of Loss of Control, Provocation and Self-Defence in England and Wales and Canada
...Studies 266, 273.114. R v Wyatt unreported, 21, 22 November 1984, Manchester Crown Court, observed by the author (SE). R v Rossiter [1994] 2All ER 752, where a husband placed his thumbs in front of a wife’s throat, twisted a towel into a garrotte and beat her. Shedefended herself killing hi......
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Loss of Self-Control: Back to the Good Old Days
...705.35 Coroners and Justice Act 2009 s. 54(5).36 Coroners and Justice Act 2009, s. 54(6).37 Coroners and Justice Act 2009, s. 54(5).38 [1994] 2 All ER 752.39 Ibid. per Russell LJ.40 [1995] 2 Cr App R 31.41 [2005] EWCA Crim 499.Loss of Self-control: Back to the Good Old the contrary would ha......
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