R v Muir (Henzel)
| Jurisdiction | Jamaica |
| Date | 1995 |
| Year | 1995 |
| Court | Court of Appeal (Jamaica) |
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10 cases
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Delano Smith Appellant v R Respondent [ECSC]
...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......
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Garnett Edwards v R
...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......
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R v Hugh Anderson
...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......
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R v Gordon (Everton) and Holder (Paul)
...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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1 books & journal articles
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The plea of accident in the criminal law
...20 Mills v. Smith [1963] 2 All E.R. 1078,atp. 1079 per Paull,J. 21 (Unrep.) No. 141 of 1989 (31.1.91), cited with approval in Muir (1995) 48 W.I.R. 262, at p. 268. 22 Fenton v. Thorhy & Co. [1903] A.C. 443, 453 per Lord Lindley. 23 Fenwickv. Schmalz (1869) L.R. 3 C.P. 313, 316,per Willes, J......