Director of Public Prosecutions v Nelson

Criminal law – Murder. The Court of Appeal of the Eastern Caribbean Supreme Court allowed the respondent's appeal against his conviction for murder on the basis of an erroneous provocation direction and substituted a conviction for manslaughter. The Director of Public Prosecutions appealed and the respondent cross-appealed. The Privy Council held that the judge had not fallen into the error supposed by the Court of Appeal, and the conviction for murder and sentence were restored. The respondent's cross-appeal was dismissed, as the Court of Appeal had correctly held that fresh evidence could not affect the safety of the conviction and the respondent had been aware of the inference that scissors had been planted on the deceased.

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