I disagree, Giok. If revenge ever becomes a valid reason for killing someone, we're all in deep trouble. Barras and his friend were running away, and he still shot them. Yes it was dark, but this was at point-blank range, and if you can see clearly enough to hit someone full on, you can see clearly enough to know where they're going.

But previous provocation *can* be a mitigating factor, which is why Martin's sentence was lowered and the initial sentence was clearly wrong.

As for this case, if you claim diminished responsibility on the grounds of mental illness, you're laying yourself open to the possibility of permanent imprisonment for as long as doctors still think you're affected, as eanjay says. Sadly the system isn't as well-organised as it could be on this though, but this is happening more frequently.

And the difference between murder and manslaughter is premeditation. If you can't show premeditation, it's manslaughter. If the CPS couldn't show (to a jury's satisfaction) that he planned in advance to do it, manslaughter is the alternative.

Graham.