R v Howe

JurisdictionAustralia Federal only
Neutral Citation[1958] HCA 38,1958-0815 HCA A
Date1958
CourtHigh Court
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25 cases
  • People (Attorney General) v Dwyer
    • Ireland
    • Supreme Court
    • 1 Enero 1974
  • R v Clegg
    • United Kingdom
    • House of Lords
    • 19 Enero 1995
    ...stating the law as they believed it to be. 24 There does not appear to have been any development in the law until The Queen v. Howe (1958) 100 C.L.R. 448 decided by the High Court of Australia in 1958. There was an extensive citation of all the authorities in this corner of the law going ba......
  • Da Costa v R
    • Australia
    • High Court
    • Invalid date
  • The State v Lewis
    • Guyana
    • Court of Appeal (Guyana)
    • 30 Enero 1976
    ... ... 375 , per Wooding, C.J., at p. 376 and Palmer v. R. , (1971) 16 W.I.R. 499 per Lord Morris, at P. 376.] And once this is so, then the issue must he left to the jury and the prisoner would be entitled to an acquittal, unless, in the words of Dixon, C.J. in The Queen v. Howe , (1958) 100 C.L.R. 448 , at p. 459, the prosecution satisfies the jury beyond reasonable doubt “that the factual constituents by which such a plea is made out of some of them did not exist.” “In weighing the probative value of the evidence to decide if there was, at ... ...
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4 books & journal articles
  • Excessive self-defence and criminal liability
    • South Africa
    • South African Criminal Law Journal No. , May 2019
    • 24 Mayo 2019
    ...confirmed the doctrine of excessive defence, refusing to follow the decision of the Privy Council in Palmer.36 29 [1957] ALR 648. 30 (1958) 100 CLR 448. See also Bufalo [1958] VR 363; Haley (1959) 76 WNNSW 550; Enright [1961] VR 663; Turner [1962] VR 30; McNamara [1963] VR 32; Tikos (No 1) ......
  • The Paradox of Disallowing Duress as a Defence to Murder
    • United Kingdom
    • Journal of Criminal Law, The No. 78-1, February 2014
    • 1 Febrero 2014
    ...of excessive self-defence or excessive-force-manslaughter: R v Bozikis [1981] VR 587; Da Costa v The Queen (1968) 118 CLR 186; R v Howe (1958) 100 CLR 448, but see Zecevic v Director of Public Prosecutions (1987) 71 ALR 641, a case in which the High Court abolished the doctrine under Austra......
  • The Use of Lethal Force by Military Forces on Law Enforcement Operations — is There a ‘Lawful Authority’?
    • United Kingdom
    • Federal Law Review No. 37-3, September 2009
    • 1 Septiembre 2009
    ...which analysed and drew upon each other — both with approval and in dissent — including (Australia) R v McKay [1957] VR 560; R v Howe (1958) 100 CLR 448; Viro v R (1978) 141 CLR 88; Zecevic v Director of Public Prosecutions (Victoria) (1987) 162 CLR 645; (UK) Palmer v The Queen [1971] AC 81......
  • Excessive Force in Self-Defence after R v Clegg
    • United Kingdom
    • Journal of Criminal Law, The No. 61-4, November 1997
    • 1 Noviembre 1997
    ...at pp 675--676; see also Viro v R (1978) 141 CLR 88, 153, perJacobs J.21 The People (Attorney General) v Dwyer [1972J IR 416, 429.22 (1958) 100 CLR 448, 465. Stanley Yeo has suggested that these dicta might provide thefuture role for malice aforethought: 'while it may no longer serve a usef......

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