ABSTRACT

Lord Goff of Chieveley: ... The circumstances in which the defendant killed the deceased are [as follows]: During the daytime on 7 June 1991 the deceased and one Donnellan had been taking the [defendant] to task over his glue-sniffing. At about 5 pm they were at his flat during an argument between the deceased and his girlfriend, also over his glue-sniffing of which she disapproved. She left. Later, the deceased and Donnellan went out a couple of times. The [defendant] was sniffing glue when they left and when they returned. By 10 pm, when they came back with some cider and beer, the [defendant] was ‘high’. He was unsteady and his speech was affected. The deceased resumed nagging him about his glue-sniffing. At about 2 am the deceased went out and brought some food. Whilst the other two ate, the [defendant] carried on glue-sniffing. The deceased chided him again and then head-butted him. The [defendant] picked up a hammer and hit the deceased on the head. A fight ensued. It was broken up by Donnellan, who got the [defendant] to go to his bedroom. However, the deceased would not stop. He said, ‘I am not having that, I am going to do him’. He went to the [defendant’s] bedroom and Donnellan heard crashing and banging. When he went in the [defendant] was holding the commando dagger and the deceased said, ‘The bastard has stabbed me’. Donnellan wrestled with the [defendant]. Meanwhile, the deceased had gone down to the next landing where he fell to the floor. He had been fatally stabbed.