R v Newell (1980) 71 Cr App R 331

The appellant was an alcoholic and recovering from a drug overdose. He was in an emotional state because his girlfriend had recently left him. His friend made homosexual advances towards him and he hit him over the head with an ash tray killing him.

The Court of Appeal held that only characteristics which were sufficiently permanent and relating to the provocation could be taken into account. His emotional state and recovery from the overdose were not permanent characteristics. Whilst his alcoholism was sufficiently permanent it did not relate to the provocation. His conviction for murder was upheld.

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