Rex v Cook: 1640

The intent to resist unlawful apprehension is treated as a state of mind constituting ‘that lighter degree of malice which is necessary to the crime of manslaughter’ rather than murder.


(1640) Cro Car 537

Cited by:

CitedThe Queen v Howe 1958
High Court of Australia – Criminal Law – Murder – Conviction – Quashed on appeal to Supreme Court – New trial ordered – Appeal to High Court by Crown – Special leave – Questions of law affecting law of homicide – Importance – Self-defence – . .
MentionedRegina v Clegg HL 25-Jan-1995
The defendant was a soldier on patrol in Northern Ireland. He was convicted of the murder of the passenger and attempted murder of the driver of a stolen car. He said he had fired in self defence. The Court of Appeal had rejected his appeal saying . .
Lists of cited by and citing cases may be incomplete.


Updated: 04 May 2022; Ref: scu.539752