R v Rossiter
| Jurisdiction | England & Wales |
| Year | 1992 |
| Date | 1992 |
| Court | Court of Appeal (Criminal Division) |
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38 cases
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R v Van Dongen (Anthony Gerrard); R v Van Dongen (Mitchell)
...of the judge and jury at the trial. The section is dealing with the trial, not the appeal. 49 We were also referred in this context to R v Rossiter (1992) 95 Cr. App. R. 326 at 333 and to the passage there cited in the speech of Lord Tucker in Bullard v R. [1957] A.C. 635 at 642 where he ......
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R v Thornton (No. 2)
...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 22The 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......
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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......
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R v Cambridge
...question, which is one of opinion, not of law: whether a reasonable man might have reacted to that provocation as the accused did." 16 In Rossiter (1992) 95 Cr App R 326, Russell LJ said: "We take the law to be that wherever there is material which is capable of amounting to provocation, ho......
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5 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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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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Court of Appeal
...provocation to the jury as long as there was evidence of it, nomatter how trivial it may have been. This was confirmed in R v Rossiter[1994] 2 All ER 752, where Russell LJ referred to the jury being allowedto rule on provocation if there is any material capable of amounting toit, ‘however ......
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