9 Flashcards
R v Desmond - killing in pursuit of an unlawful object
Not only must the object be unlawful, but also the accused must know that his act is likely to cause death. It must be showing that his knowledge accompanied the act causing death.
R v Murphy - intent must be established
When proving an attempt to commit an offence it must be shown that the accused intention was to commit the substantive offence. For example, in a case of attempted murder it is necessary for the crown to Establishment anctual intent to kill.
R v harpur - Several acts together may constitute in attempt
The court may have regard to the conduct being viewed cumulatively up to the point when they conduct in question stops..The defendants conduct may be considered in its entirety. Considering how much remains to be done as always relevant though not determinative
R v cottle - burden of proof
As 2 Degree of proof, It is sufficient if the plea is established to the satisfaction of the jury on a preponderance of probabilities Without necessarily excluding all reasonable doubt
R v Clark
The decision as to an accused insanity is always for the jury and a verdict and consistent with medical evidence is not necessarily unreasonable. But we are unchallenged medical evidence is supported by the surrounding fix injuries verdict must be founded on that evidence which in this case shows that the accused did not and had been unable to know that his act was morally wrong
R v Joyce - compulsion
The court of appeal decided that the compulsion must be made by person who is present when the offences committed
R v Codere - Nature and quality of the act
The nature and quality of the act means the physical character of the act.
The phrase does not involve any consideration of the accused moral perception nor his knowledge of the moral quality of the act.
Thus a person who is deluded that he cuts a woman’s throat believing that he is cutting a loaf of bread would not know the nature and quality of his act
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution and proof of the victims age
