Criminal Evidence: Evidencing Defences to Murder. R v Goodwin (Anthony Gerard) [2018] EWCA Crim 2287

Abstract

Abstract The defendant (Goodwin) (G) had bludgeoned the victim to death with a hammer. At trial he pleaded self-defence and in the alternative loss of control, the latter being a partial defence to murder. Section 54(1) of the Coroners and Justice Act 2009. The Court of Appeal held that the trial judge was right not to leave the partial defence to murder to the jury given the facts. The Court made observations in relation to how a trial judge should approach the partial defence including the fact that relevant and admissible evidence would be required for each of its elements.