The rule against an offender benefitting from his crime applies not just in cases involving a conviction for murder.
Held: The court rejected a suggestion that a distinction should be drawn between cases of murder and manslaughter. Lord Cozens-Hardy MR failed entirely to appreciate the supposed distinction: ‘it was a case of felony and I see no reason to draw a distinction between murder and manslaughter in a case like this’. Hamilton LJ said that the principle could only be expressed in a wide form: ‘it is that a man shall not slay his benefactor and thereby take his bounty; and I cannot understand why a distinction should be drawn between the rule of public policy where the criminality consists in murder and the rule where the criminality consists in manslaughter . . the distinction seems to me either to rely unduly on legal classification or else to encourage what, I am sure, be very noxious – a sentimental speculation as to the motives and degree of moral guilt of a person who has been justly convicted and sent to prison.’
Judges:
Lord Cozens-Hardy MR, Hamilton L
Citations:
[1914] P 1
Jurisdiction:
England and Wales
Cited by:
Cited – Dunbar (As Administrator of Tony Dunbar Deceased) v Plant CA 23-Jul-1997
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant.
Held: The appeal was . .
Cited – Chadwick v Collinson and Others ChD 24-Sep-2014
The deceased and the claimant lived together for about 10 years in an apparently stable and loving relationship. They had a son together. They also co-owned a house (by way of joint tenancy) in which they lived. In April 2013 the claimant was . .
Cited – D v L and Others ChD 16-Apr-2003
The claimant had been found guilty of the manslaughter by diminished responsibility of the deceased. He now sought disapplication of the 1982 Act.
Held: The application failed: ‘The reforms introduced by the Homicide Act 1957 were designed to . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Crime
Updated: 06 May 2022; Ref: scu.199528
