Judicial Review and the Criminal Cases Review Commission: R (on the Application of Farnell) v Criminal Cases Review Commission [2003] EWHC Admin 835

The applicant was convicted of murder in March 1996. The deceased and his wife had had a young puppy whose constant barking irritated the applicant. Following a row in which many insults were exchanged, the applicant had killed the deceased with a crowbar. His defence at trial was one of diminished responsibility under s. 2 of the Homicide Act1957, and medical evidence in this regard was presented to the court. In the absence of any submissions by the defence, the judge decided that there was evidence of provocation and left this issue for the jury to determine, directing the jury that they should consider, inter alia, whether a reasonable man of the same age and sex of the applicant would have reacted in the same way that he did. Leave to appeal against conviction on unrelated grounds was refused by a single judge in June1996.