R v Martin [2017] EWCA Crim 1907

Court: Court of Appeal (Criminal Division)

Facts: D, a mother of two, killed her abusive partner with a single stab wound during a confrontation.

Held: Conviction upheld. The court examined whether the risk of death or serious injury was foreseeable and whether D's actions met the standard for gross negligence. The Court of Appeal stated that the ‘statutory defence of loss of control is significantly different from and more restrictive than the previous and superseded defence of provocation.

Key Judicial Statement: Lord Thomas stated, "The concept of gross negligence involves a high degree of culpability, more than mere inadvertence or carelessness."