R v Muir (Henzel)

JurisdictionJamaica
CourtCourt of Appeal (Jamaica)
Year1995
Date1995

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11 cases
  • Delano Smith Appellant v R Respondent [ECSC]
    • Anguilla
    • Court of Appeal (Anguilla)
    • 22 March 2010
    ...as an alternative verdict, there was no error of law on the part of the learned judge. Mancini v DPP [1992] AC 1 applied and R v Muir [1995] 48 WIR 262 followed. 3. It was open to the jury to find from the evidence that it was the appellant who had stabbed the deceased. The inference conte......
  • Garnett Edwards v R
    • Jamaica
    • Court of Appeal (Jamaica)
    • 30 June 2011
    ...and reasonable inferences which can be drawn from the proved facts. Counsel relied on the following cases for these statements of the law: ( R v Muir (1995) 48 WIR 262, R v Porrit [1961] 3 All ER 463, R v Bonnick (1977) 66 Cr App R 266, Hyman v DPP [1974] 2 All ER 41 ). 49 Counsel submitted......
  • R v Hugh Anderson
    • Jamaica
    • Court of Appeal (Jamaica)
    • 20 December 2001
    ...consideration of the jury any defence that fairly arises on the evidence irrespective of whether or not the accused is relying on it. In R. v. Muir [1995] 48 WIR 262, Patterson, J.A. (relying on R. v Bonnick [1977] 66 Cr. App. R 266 ) at page 265, said: "It is undoubtedly the duty of a ju......
  • R v Gordon (Everton) and Holder (Paul)
    • Jamaica
    • Court of Appeal (Jamaica)
    • 12 June 2003
    ...a duty to leave for the consideration of the jury every issue fairly arising on the evidence although the defence is not relying on it: ( R v Muir (1995) 48 W.I.R. 262 following R V Bonnick [1978] 66 Cr. App. R. 266 ). If therefore there is insufficient evidence of provoking conduct to cau......
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