Case Analysis

Case Analysis

Introduction

In this paper, we will discuss the case analysis of James and Karimi [2006] EWCA Crim 14. Firstly, we will discuss the background of the case in light of the key facts and legal grounds. Furthermore, we will summaries the facts and legal arguments of the cases. In addition, we will analyze the decision of court of Appeal and jury in light of precedent laws and statues. Furthermore, we will discuss the difference between juridical precedents and traditional approach of the court if law for this case.

Background of the Case

James

In the year 1979, James murdered his wife. He punched, stabbed and suffocated her. James had been separated from his wife five months back and his wife formed a relationship with another person. The court of law and prosecution received four psychiatric reports and those reports indicated that they were ready for the acceptance of verdict of manslaughter on the basis of diminished responsibilities. It was not the wish of James to use that defence and he pleaded that he was not guilty of killing, but guilty for manslaughter on the basis of provocation. During the trial, the law on provocations was specified in Rv Camplin i.e. only specific factors like aging could be considered into account (Beirne & James, 2011). Therefore, the reports of psychiatrists were not presented before the jury. The defendant put forward the applications to review commission of Criminal cases for referrals to Court f Appeal, subsequent to the decision in Smith Morgan, allowed the mental traits to be considered into account. This case was referred to court of appeal by Criminal cases review Commission, prior to the hearing of appeals, when the decision of Privy Council was announced for Jersey Vs Holley.

Karimi

Karimi belonged to communist society. He was a freedom fighter in Kurdistan, who came to England along with his wife. The wife of Karimi formed a relationship with one of his friend, Kabadi. Kabadi was also a freedom-fighter. Kabadi attacked and abused Karimi with an insulting term for having no honour. As retaliation, Karimi, disarmed Kabadi and killed him with that knife in a frantic attack. A direction was given by the judge on Holley and the jury was convicted. It was appealed by the defendant that this conviction was misdiscretion on these grounds and the judge should have made use of directions in the Rv Smith (Morgan) (Beirne & James, 2011).

The "state of anger", consisting of a psychological state characterized by an irrepressible emotional impulse, which results in the loss of powers of self-control, generating a strong disturbance characterized by aggressive impulses. This led to the "'unjust action," not only constituted by conduct anti-juridical in the strict sense, but also by failure of social norms or customs governing the ordinary civil cohabitation. However, we can observe a causal link between the injury and the psychological reaction, regardless of the proportionality between them Therefore, now, the Board notes that it is undisputed fact that the crime in question was to ...