In the Court of Appeal (Criminal Division)
R -v- Hart
Mrs April Hart suffered from an incurable degenerative disease from 2001 until her death in January 2005. Mrs Hart’s husband, Mr Phil Hart, cared for her at their home as her disease progressed. Although Mrs Hart received pain medication, she experienced constant pain and suffering towards the final stages of her life.
During the night of January 5th 2005, Mr Hart was awoken by Mrs Hart’s screams. Mr Hart administered his wife’s sleeping medication as prescribed, but Mrs Hart remained awake and in great pain for a further 2 hours until she finally fell asleep at 3am. Mr Hart stayed at her bedside until the early morning, when, despairing of the situation, he smothered his wife to death with a pillow while she slept.
Mr Hart was charged with murder. During the trial, psychiatric evidence was adduced that showed Mr Hart suffered from ‘Long-term Carer Syndrome’, the symptoms of which included depression, anxiety and mood swings.
Despite his plea of diminished responsibility, the jury found Mr Hart guilty of murder. At the trial, Mr Hart’s counsel asked the judge, Scruton J, to put the defence of provocation to the jury. Scruton J refused on the basis that:
i) not all conduct that causes loss of self-control may be regarded as provocation. Mrs Hart’s lawful and reasonable behaviour did not constitute conduct amounting to provocation;
ii) there was a cooling-off period of some hours between the provocation and the response.
Mr Hart now appeals to the Court of Appeal on the following grounds:
1) Scruton J erred in withholding the defence of provocation from the jury:
a) Conduct need not be wrongful or unreasonable to constitute provocation within the meaning of section 3 of the Homicide Act 1957;
b) A lapse in time between the provoking act and the response does not necessarily negate a loss of self-control.
2) When determining the standard of self-control under the second limb of the defence of provocation, it should be open to the jury to take into account evidence of Mr Hart’s psychiatric condition.
