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 – Excessive use of violence by defendant – Effect – Murder or manslaughter – Miscarriage of justice – Absence – Direction to jury – Special leave rescinded.
Dixon CJ, McTiernan, Fullagar, Taylor and Menzies JJ
(1958) 100 CLR 448, 32 ALJR 212,  ALR 753,  HCA 38
Cited – 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. . .
Cited – Regina 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 . .
Not Followed – Palmer v The Queen PC 23-Nov-1970
It is a defence in criminal law to a charge of assault if the defendant had an honest belief that he was going to be attacked and reacted with proportionate force: ‘If there has been an attack so that defence is reasonably necessary, it should be . .
Not Followed – Regina v McInnes CACD 1971
Edmund Davies LJ said: ‘But where self-defence fails on the ground that force used went clearly beyond that which was reasonable in the light of the circumstances as they reasonably appeared to the accused, is it the law that the inevitable result . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 May 2022; Ref: scu.539751