R v Howe

JurisdictionAustralia Federal only
CourtHigh Court
Neutral Citation[1958] HCA 38,1958-0815 HCA A
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23 cases
  • People (Attorney General) v Dwyer
    • Ireland
    • Supreme Court
    • 1 January 1974
    ......5, sub-s. 1, of the Courts of Justice Act, 1928. The Court of Criminal Appeal refused to certify that their decision involved a point of law of exceptional public importance: see s. 29 of the Courts of Justice Act, 1924. However, on the 9th November, 1970, the Attorney General issued his certificate to that effect pursuant to s. 29 of the Act of 1924 and the appellant was thus enabled to appeal to the Supreme Court from the judgment and order of the Court of Criminal Appeal. The facts appear in the judgment of Butler ......
  • R v Clegg
    • United Kingdom
    • House of Lords
    • 19 January 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
    • 30 January 1976
    ......I want to talk to you, come here.” The deceased did not comply. Camacho remonstrated with the appellant for discourtesy and asked him to leave. The appellant replied, “Don't worry with that,” or other words to that effect. However, the deceased left the company and had a conversation with the appellant some distance off. No witness heard what was said. Sgt. Joseph also spoke of this incident. He did not see the appellant enter the building, but he said that the appellant “grabbed” the deceased and “pulled him ......
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2 books & journal articles
  • The Paradox of Disallowing Duress as a Defence to Murder
    • United Kingdom
    • Journal of Criminal Law, The Nbr. 78-1, February 2014
    • 1 February 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 Nbr. 37-3, September 2009
    • 1 September 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......

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