Law Weblog

R v Miah [2003] CA provocation again, confirming (Morgan) Smith

Wednesday 31 December 2003 at 6:44 pm | In News | Post Comment

[Provocation – the two tests to be applied] 
D stabbed another youth to death during an incident involving two groups of students on the first day of term outside Southgate College in 1999. There was punching and kicking also CS gas and a knife used.  One group was Somalian the other Indian.
The judge’s summing up took six days to deliver.  

Held: It is clear from the speech of Lord Hoffmann in Smith (Morgan) [2001] that it is for the jury to decide, on all the facts, whether  1) the defendant lost his self–control and  2) whether that was, objectively, justified.

In the case of Miah there were three characteristics that were, possibly, relevant. They were that he was young; a man and that he was short (only 5 feet or 5 feet 2 inches).

Guilty murder
Comment: The age of D is not stated in the case report.
Whole case here