Quarterly Summary
| DOI | 10.1177/002201836402800314 |
| Published date | 01 July 1964 |
| Date | 01 July 1964 |
| Subject Matter | Article |
Quarterly Summary
(Extended reports
of
some
of
the
cases
here summarised will be
given in our next issue.-Editor)
KILLING
UNDER PROVOCATION
Parker v. The Queen
On
atrial for
murder
in Australia
the}
udicial Committee
of the Privy Council held
that
the issue of provocation ought
not to have been withdrawn from the jury.
Under
Australian
legislation grossly insulting words, as well as acts, may amount
to provocation sufficient to reduce acrime from
murder
to
manslaughter
but
the killing
must
be "without intent to take
life".
This
latter requirement is
not
part of the common law.
On
the facts of the case a
jury
might have found
that
there
was only an intent to cause grievous bodily
harm;
at the trial
the appellant's evidence was to the effect that he had no
intention of killing the deceased. (r
ath
May, 1964.)
SPEED
LIMIT
AND
"POLICE
PURPOSES"
Aitken v. Yarwood
Aconstable was proceeding by motor vehicle to give
evidence at a magistrates' court when the vehicle broke down;
he found asubstitute vehicle which he drove at a speed in
excess of the legal limit in order to get to court on time.
The
justices dismissed the information on the ground
that
the
vehicle was being used
"for
police purposes" within s, 25 of
the Road Traffic Act, 1960.
The
Divisional
Court
thought
that
the justices' opinion was too widely expressed although it
did
not
falsify their conclusion.
Lord
Parker, C.}., said that
he did
not
wish to lay down any general criteria as to when a
vehicle would be used for police purposes. On the findings of
the justices it was an inevitable conclusion
that
the use of the
vehicle at that time was an integral
part
of a police purpose to
be achieved, namely, to give evidence at the magistrates'
court.
It
did
not
mean that any police officer travelling by car
to court was using the car
"for
police purposes" within the
section.
(rst
May, 1964.)
216
To continue reading
Request your trial