R v Gurpinar [2015] EWCA Crim 178

Court: Court of Appeal (Criminal Division)

Facts: D stabbed another man during a fight. D claimed loss of control, but no substantial evidence supported this defence.

Held: The judge was not required to leave the defence of loss of control to the jury if there was insufficient evidence to raise the issue. However, the judge, assisted by the advocates, has to consider whether, based on all evidence, the defence arises – regardless of whether it was raised by the defendant and taking into account the weight and quality of the evidence.

Key Judicial Statement: Lord Thomas emphasized, "The judge must ensure there is sufficient evidence to raise the issue of loss of control before leaving it to the jury."