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R v Mohammed [2005] EWCA Crim 1880 Court of Appeal

The appellant, a devout Muslim, stabbed his daughter 19 times after finding her in her bedroom with a young man. At his trial he raised the defence of provocation based on his devout religious beliefs surrounding sex before marriage. The defendant was also suffering from depression following the death of his wife. The prosecution brought considerable evidence from the deceased's siblings to show that he was a man of a violent disposition to demonstrate that the defendant lost his temper rather than lost his self-control. The defendant denied being violent. The jury rejected the defence of provocation and convicted him of murder. The defendant appealed. Before the appeal was heard, the decision in A-G for Jersey v Holley was announced.

Held:

The appeal was dismissed. The judge had adequately directed the jury on the wider test under Smith (Morgan). The Court of Appeal accepted that the current law was as stated in Holley and counsel did not object to this. The conviction for murder was safe as it would be most unlikely that a jury would not convict of murder under the narrower test set out in Holley.
 
Back to lecture outline on the defence of provocation