References: [1970] UKPC 31, [1971] 1 All ER 1077, [1971] AC 814, [1971] 2 WLR 831, (1971) 55 Cr App R 223
Links: Bailii
Coram: Lord Morris of Borth-y-Gest, Lord Donovan, Lord Avonside
Ratio: Jamaica – The defendant appealed against his conviction for murder, arguing self defenec.
Held: After setting out the elements of the defence of self-defence, Lord Morris of Borth-y-Gest said: ‘if the prosecution have shown that what was done was not done in self-defence then that issue is eliminated from the case. If the jury consider that the accused acted in self-defence or if the jury are in doubt as to this then they will acquit. The defence of self-defence either succeeds so as to result in an acquittal or it is disproved in which case as a defence it is rejected.’
This case cites:
- Not Followed – The Queen v Howe ((1958) 100 CLR 448, 32 ALJR 212, [1958] ALR 753, [1958] HCA 38)
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 – . . - Preferred – John De Freitas v The Queen ([1960] 2 WIR 523)
(West Indian Federal Supreme Court) If the prosecution have shown that the defendant’s actions were not done in self defence, then that issue is eliminated from the case. . .
(This list may be incomplete)
This case is cited by:
- Cited – Regina v Clegg HL (Gazette 22-Feb-95, Independent 01-Feb-95, Times 25-Jan-95, Bailii, [1995] UKHL 1, [1995] 1 All ER 334, [1995] 1 AC 482)
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 . .
(This list may be incomplete)
Jurisdiction: Commonwealth
Last Update: 30-May-17
Ref: 444511