Nelson [2019] EWCA Crim 30

The appellant was convicted of murder and pleaded guilty to s20 wounding. He had a confrontation with the deceased where he (the applicant) was punched to the head, he went to home, retrieved two knives and returned. At this point the deceased produced a knife, the applicant rushed at him stabbing him once, fatally. The deceased’s sister intervened, and he aimed a forceful blow at her causing a superficial wound.

The CCTV was clear and the applicant had returned to his home to arm himself, there had to be a 25 year starting point, aggravated by the assault on the deceased’s sister when she tried to protect him.

The single ground on the application to appeal was that the judge failed to attach significant weight to the agreed provocation, falling short of loss of control. It was not agreed by the Crown that there had been significant provocation, rather that it was a deliberate act of revenge. The defence of loss of control had been left to the jury and rejected.

The judge did reduce the minimum term as a consequence of the limited provocation that he found, had he not done so the minimum term would have exceeded 25 years. The minimum term set of 23 years could not be said to be manifestly excessive. The renewed application was refused.