Martin and Another v Republic of Sri Lanka – sllr 2009 volume 2 page 196

In the case between Martin and another (the accused-appellants) and the Republic of Sri Lanka, the court addressed issues concerning alleged misdirection and non-direction by the trial judge to the jury, specifically in relation to the explanation of culpable homicide not amounting to murder and the proper handling of the plea of grave and sudden provocation. The court held that, although the summing-up to the jury contained misdirections regarding the explanation of legal principles and the treatment of provocation as a factual matter, these errors did not result in a miscarriage of justice in light of compelling evidence presented at trial. The principle reaffirmed is that misdirections in summings-up do not automatically vitiate a conviction where no miscarriage of justice is found. Rel