Homicide Defences (Case law) Flashcards
R v Forrest and Forrest - Proof of age
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
R v Cottle – Insanity
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 Clarke – Insanity
The decision as to an accused insanity is always for the jury and a verdict inconsistent with medical evidence is not necessarily unreasonable.
Where unchallenged medical evidence is supported by the surrounding facts, a jurys verdict must be founded on that evidence.
R v Codere - Nature and Quality
The nature and quality of the act means the physical character of the act.
The phrase does not involve any consideration of their moral perception nor his knowledge of the moral quality of the act.
R v Cottle - Automatism
Doing something without knowledge of it and without memory afterwards of having done it - a temporary eclipse of consciousness that leaves the person able to exercise bodily movements.
R v Joyce - compulsion
The court of appeal decided that the compulsion must be made by a person who is present when the offence is committed.
Police v Lavelle - entrapment
It is permissible for undercover officers to merely provide the opportunity for someone who is ready and willing to offence, as long as the officers did not initiate the persons interest or willingness to so offend.
