(Trinidad and Tobago) The appellant had been convicted under the felony murder rule, where if a victim dies in the course of the defendant committing a felony, the defendant is guilty of murder.
Held: The distinction between felony and murder had been abolished in 1979, but no provision was made for the felon/murder rule. The abolition had not simply followed the English model, and express provision had been made applying the law of misdemeanours instead of the law of felony. The felony/murder rule must have fallen with the new law. The was insufficient evidence to sustain the conviction without that rule.
Judges:
Lord Mustill, Lord Slynn of Hadley, Lord Steyn, Lord Hoffmann, Sir Ralph Gibson
Citations:
[1996] UKPC 29, [1997] AC 53
Links:
Citing:
Cited – Regina v Vickers CCA 1957
The appellant, having broken into a dwelling-house to commit burglary, came upon the occupier whom he struck in a way which according to the medical evidence could have been inflicted with a moderate degree of violence. The victim died as a result. . .
Cited – Director of Public Prosecutions v Beard HL 1920
The accused raped a girl aged thirteen whilst he was drunk. He placed his hand over her mouth to stop her screaming, but without any intention of injuring her. He caused her death by suffocation, and was convicted of murder. It was argued on his . .
Cited – Rex v Betts and Ridley 1931
Betts and Ridley agreed to rob a man on thw way to the bank. Betts was to push him to the ground and snatch the bag, while Ridley waited nearby in a car. When snatching the bag, Betts struck the victim who later died. Betts and Ridley were both . .
Cited – Rex v Jarmain CCA 1946
The defendant, in robbing him, pointed his cocked pistol at the cashier. He claimed that he was thinking what to do but had no intention of pressing the trigger, but the gun went off and killed her.
Held: Pointing a loaded pistol at a person . .
Cited – Gransaul and Ferreira v The Queen PC 9-Apr-1979
(Trinidad and Tobago) The two appellants had been said to have been engaged in a common enterprise to rob a van. The first appellant pointed a pistol at the driver and, according to his account, it went off by accident.
Held: The appeals were . .
Cited – Regina v Perman CACD 1996
The court described restrictions on the acceptability of verdicts of manslaughter in substitution where murder had been charged. . .
Cited by:
Cited – Haroon Khan v The State PC 20-Nov-2003
PC (Trinidad and Tobago) The appellant had been convicted of felony murder. He was one of four engaged in a robbery, where the victim received fatal injuries.
Held: The felony murder rule had been . .
Cited – Foster and Another v The Queen PC 23-Jan-2007
(Barbados) The appellants had been convicted under the felony murder rule, before its abolition in Barbados in 1994. . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Crime
Updated: 01 June 2022; Ref: scu.159187