Attorney General for Jersey v Holley [2005] 3 WLR 29

defendant

Attorney General for Jersey v Holley [2005] 3 WLR 29 is a Criminal Law case concerning Homocide Offences.

Facts:

The defendant and the deceased were both alcoholics and he had a history of violence towards her for which he had spent time in prison. When he was released from prison, his partner said that she wanted to terminate the relationship. However, they continued living together. She told him that she had sex with another man. As a result of which he killed her with an axe. Before she dies, the deceased said to H, who was holding the axe, “You haven’t got the guts” and H struck and killed her. 

Issue:

The main issue in Attorney General for Jersey v Holley [2005] 3 WLR 29:

He raised the defence of provocation but the jury convicted him of murder. The appeal reached the privy council.

Held: 

The appeal was allowed, manslaughter conviction was substituted.

Under the old law of provocation,  it was held that all of the defendant’s characteristics could be considered but this was overruled by the Privy Council in Holley, holding that only sex and age could be taken into account.

References:

[2005] UKPC 23, [2005] 2 A.C. 580, [2005] 3 W.L.R. 29, [2005] 3 All E.R. 371
[2005] 6 WLUK 279, [2005] 2 Cr. App. R. 36, [2005] Crim. L.R. 966, (2005) 155 N.L.J. 1009, (2005) 149 S.J.L.B. 774, Times, June 21, 2005, Independent, June 22, 2005, [2005] C.L.Y. 807, Judgment
 
Read our notes on Homicide Offences and other cases for more information.
 

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