Palmer v The Queen; Irving v The Queen

JurisdictionUK Non-devolved
Judgment Date1971
Date1971
Year1971
CourtPrivy Council
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250 cases
  • R v Steven Grant
    • Jamaica
    • Court of Appeal (Jamaica)
    • 12 July 2004
    ...judge taking this into consideration sought to structure these directions along lines similar to those adumbrated by Lord Morris in Palmer v The Queen [1971] 12 J.L.R. 311 at 322 B–G in delivering the advice of Her Majesty's Board of the Privy Council. In the instant case there is no compla......
  • R v Clegg
    • United Kingdom
    • House of Lords
    • 19 January 1995
    ...to manslaughter." 25 Twelve years later the same point came before the Privy Council on appeal from the Supreme Court of Jamaica: see Palmer v. The Queen [1971] A.C. 814. Lord Morris of Borth-y-Gest, giving the opinion of the Privy Council, declined to follow Howe's case, preferring the dec......
  • Che Gregory Spencer Appellant v DPP Respondent [ECSC]
    • St Kitts & Nevis
    • Court of Appeal (Saint Kitts and Nevis)
    • 10 February 2014
    ...judge's discretion how he approaches his summation. Accordingly, this ground of appeal is dismissed. Sigismund Palmer et al v The Queen [1971] AC 814 applied; Baptiste v The State (1983) 34 WIR 253 applied; Fabien LaRoche v The State Republic of Trinidad and Tobago, Court of Appeal No. 32......
  • McCarthy v Chief Constable of Merseyside Police
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 13 December 2016
    ...was continued against Mr McCarthy as a result of the distraction and lack of intent. But the words of Lord Morris of Borth-y-Gest in Palmer v The Queen [1971] AC 814 at page 827 nonetheless resonate: "…it will be recognised that a person defending himself cannot weigh to a nicety the exact ......
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27 books & journal articles
  • Recognising the Role of the Emotion of Fear in Offences and Defences
    • United Kingdom
    • Journal of Criminal Law, The No. 83-6, December 2019
    • 1 December 2019
    ...to Murder with the Offence of Coercive or Controlling Behaviour’(2019) 83(1) JCL 71–86.18. Criminal Law Act 1967 s 3. See also Palmer v R [1971] AC 814 approved in R v McInnes 55 Cr App R 551.19. Criminal Justice and Immigration Act 2008 s 76(6), ‘The degree of force used by D is not to be ......
  • Defenceless Castles
    • United Kingdom
    • Journal of Criminal Law, The No. 80-6, December 2016
    • 1 December 2016
    ...Justice and Immigration Act 2008, s. 76.6. Explanatory Notes to the Criminal Justice and Immigration Act 2008, para. 532.7. Palmer v R [1971] AC 814 (PC); approved in R v Mclnnes [1971] 1 WLR 1600 (CA).8. R v Keane; R v McGrath [2010] EWCA Crim 2514, [2011] Crim LR 393 [6] (Hughes LJ).9. R ......
  • Court of Appeal
    • United Kingdom
    • Journal of Criminal Law, The No. 71-2, April 2007
    • 1 April 2007
    ...left to the jury, the prosecutionmust rebut it beyond reasonable doubt (Chan Kau v R[1955] AC 206; Rv Lobell [1957] 1 QB 547; Palmer v R[1971] AC 814; R v Abraham[1973]3 All ER 694). Lord Griff‌iths explained why this burden was on theprosecution in Beckford v R[1988] AC 130 at 144:It is be......
  • The Development of the High Court's Willingness to Overrule Common Law Precedent
    • United Kingdom
    • Federal Law Review No. 45-2, June 2017
    • 1 June 2017
    ...doctrine: McHugh, above n 1, 47. 98 (1983) 153 CLR 52. 99 (1999) 201 CLR 49. 100 (2009) 239 CLR 175. 101 (1978) 141 CLR 88 (‘Viro’). 102 [1971] AC 814. This was an appeal to the Privy Council from Jamaica. Prior to 1975 when the appeal from the High Court to the Privy Council was removed, t......
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