Donnelly v HM Advocate

Criminal law and procedure – Murder – Provocation – Judge's charge. High Court of Justiciary: Refusing appeals against conviction and sentence by an appellant who was convicted of murder by repeatedly striking the deceased with a knife, and who contended that the trial judge, in addition to addressing the potential for provocation to arise should the jury conclude that the appellant had been assaulted by the deceased, should have directed the jury that provocation could also arise in relation to acts of the deceased towards a third party, the court concluded that this was not a case in which any plea of third party provocation, assuming its availability, could ever have succeeded, and the punishment part of 20 years which the trial judge imposed on the appellant could not be said to be excessive.

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