R v Moxam     1

“ one has to note with some sympathy the dilemma of the trial judge who has to navigate between the Scylla of leaving provocation when he should not and the Charybdis of not leaving it when he should In the latter case, a conviction for murder may be quashed while in the former a conviction for manslaughter may also be quashed, for by wrongly leaving the issue of provocation to the jury, the judge may have deprived the appellant of the chance of a complete acquittal, for example