R v Brown and Morley
| Jurisdiction | Australia Federal only |
| Date | 1968 |
| Year | 1968 |
| Court | Federal Court |
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8 cases
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R v Gotts
...dissenting judgment of Bray C.J. (who held that duress was a defence to a charge of second degree murder) in R. v. Brown and Morley [1968] S.A.S.R. 467, 499: "I can only repeat that in my view the trend of the later cases, general reasoning and the express authority of the Privy Council in ......
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R v Howe; R v Bannister; R v Burke; R v Clarkson
...duress to the actual killer. This view had the unanimous support of the Supreme Court of South Australia in Reg. v. Brown and Merely [1968] S.A.S.R. 467, when the majority denied the defence of duress to an aider and abettor to murder and Bray C.J., who dissented on this issue, nevertheless......
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DPP for Northern Ireland v Lynch
...and abettors was specially considered. 45A recent case of much interest is that of R. v. Brown and Morley in South Australia in 1968 ( (1968) S.A.S.R. 467). Morley killed a lady and the case against Brown was that he was a principal in the second degree since though he was not present in th......
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R v Howe; R v Bannister; R v Burke; R v Clarkson
...does so." 34Lord Wilberforce at page 20 of the same report cited from a dissenting judgment of Chief Justice Bray in Brown and Morley (1968) S.A.S.R. 467, a case from the Supreme Court of South Australia, of aiding and abetting murder as follows: "The reasoning generally used to support the......
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2 books & journal articles
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The Paradox of Disallowing Duress as a Defence to Murder
...is identical to that espoused in Howe and later reaffirmed by the House of Lords in R v Hasan [2005] UKHL 22. In R v Brown and Morley [1968] SASR 467, the Supreme Court of South Australia held that duress is not available as a defence to murder, and this is true irrespective of whether one......
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Recent Judicial Decisions
...as a defence save possibly in treasonand"murder as principal". Reference was also made to an Aus-tralian case R. v. Brown &Morley [1968] S.A.S.R. 467, in which,although duress was held not applicable to an accused who tookpart in planning akilling and who was not actually present in theroom......