R v La Roche CA200/04

The appeal was against the conviction of Mr La Roche for the murder of Mrs Margaret Bennellick. The appeal was based on the claim that the trial judge should have left the partial defence of provocation to the jury. The Court of Appeal held that the appeal must fail as Mr La Roche had not raised a credible narrative of provocation. In particular, there was no evidence that Mr La Roche had lost the power of self-control at the time of the killing. Further, there was no evidence of provocation at all emanating from Mrs Bennellick in any proximity to the attack. Finally, the Court of Appeal rejected the submission that the Family Court process itself could provide a basis for provocation. The appeal was dismissed.