R v AZR
[2024] EWCA Crim 349
R v Shane James Henderson Myles
20 July 2023
[2023] EWCA Crim 943
Court of Appeal
Shane Myles was convicted of murder. He said he lost control and attacked the victim because his ex-girlfriend called the victim a bad name, making him worry about his child's safety. The judge didn't let the jury consider this "loss of control" defence. The Court of Appeal agreed with the judge because Myles' actions showed he wasn't really out of control, and the appeal was dismissed.
Key Facts
- •Shane Myles was convicted of murder on 10 August 2022.
- •The victim, Paul Wakefield, was found grievously injured in his flat with injuries consistent with a severe beating.
- •Myles and his co-accused, Kayleigh Halliday, were the only people present when Wakefield was attacked.
- •They left the flat together and were arrested later that night with Wakefield's bank card.
- •Both Myles and Halliday initially blamed each other for the attack.
- •Myles claimed in his defence that he lost control after Halliday called Wakefield a "nonce" and that he reacted violently due to concerns about the potential abuse of his son.
- •The trial judge ruled that there was insufficient evidence of loss of control to leave the defence to the jury.
Legal Principles
Loss of control as a partial defence to murder.
Section 54 of the Coroners and Justice Act 2009
Standard of review for a judge's decision on whether to leave a defence to the jury.
Clinton [2012] EWCA Crim 2
The requirements for the partial defence of loss of self-control including loss of self control, qualifying trigger, and reaction of a person with a normal degree of tolerance and self-restraint.
Goodwin [2018] EWCA Crim 2287 and section 54 of the Coroners and Justice Act 2009
Outcomes
Appeal dismissed.
The Court of Appeal held that the trial judge was correct in finding insufficient evidence of loss of control. The appellant's actions, including his deliberate switch from stamping to kicking and then ceasing the attack, were inconsistent with a loss of self-control. Furthermore, the lack of any prior reaction to similar comments from Halliday and the subsequent theft of Wakefield's credit card further indicated a deliberate and considered attack.