Posted on December 12, 2008 by norman baird
“The Court of Criminal Appeal certified that their decision in dismissing the Appellant’s appeal involved two points of law of general public importance. The first was ” whether, his plea of insanity having been rejected by ” the jury, it was open to the accused to rely upon a defence of automatism “. This raises [...]
Filed under: Automatism, Case link, Defences, Insanity | Leave a Comment »
Posted on December 12, 2008 by norman baird
“What are the relevant characteristics of the accused to which the jury should have regard in considering the second objective test in duress. This question has given rise to considerable difficulty in recent cases. It seems clear that age and sex are, and physical health or disability may be, relevant characteristics. But beyond that it [...]
Filed under: Defences, Duress, Sexual offences | Leave a Comment »
Posted on December 11, 2008 by norman baird
“On 28 March 1985 the appellant was convicted of murder and sentenced to death. On 10 October 1985 the Court of Appeal of Jamaica dismissed his appeal against conviction, and gave leave to appeal, certifying the following question as being of exceptional public importance:
‘1.(a) Must the test to be applied for [...]
Filed under: Case link, Mistake, Self-defence | Leave a Comment »
Posted on December 11, 2008 by norman baird
“Section 1(1) of the Indecency with Children Act 1960 makes it a criminal offence to commit an act of gross indecency with or towards a child under the age of fourteen, or to incite a child under that age to such an act. The question raised by the appeal concerns the mental [...]
Filed under: Case link, Strict liability | Leave a Comment »
Posted on December 11, 2008 by norman baird
“This is a reference to the Court by the Attorney General under section 36 of the Criminal Justice Act 1972. The point of law upon which the Court is asked to give its opinion is as follows: “Where two persons fight (otherwise than in the course of sport) in a public place can it be [...]
Filed under: Case link, Consent, Defences | Leave a Comment »