R v Browne
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1973 |
| Date | 01 January 1973 |
| Court | Court of Criminal Appeal (Northern Ireland) |
Defence - Self-defence -Provocation - Shooting of policeman - Whether trial judge wrong in withdrawing defences of self-defence and provocation from consideration by the jury.
An accused was convicted of capital murder, attempted murder, and using a firearm to resist arrest. He appealed on the grounds (i) that the trial judge erred in failing to leave the defences of self-defence and provocation to the jury, and (ii) that it was a question of fact for the jury to decide (a) whether the accused had acted in defence of his own life and (b) whether there was provocation in the particular circumstances. Held (i) that it is a matter for the trial judge to decide, as a matter of law, whether, on the evidence presented, it would be open for the jury to acquit the accused on the ground that he might reasonably have been acting in...
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R. v. Abbaya (F.E.), 2000 ABPC 202
...passage in Smith and Hogan's Criminal Law , 6th Ed. (1988), at p. 244, states what I think are the applicable principles: 'In Browne [[1973] N.I. 96 at p. 107 (C.C.A.), discussed 24 N.I.L.Q. 527] Lowry, L.C.J., said, with regard to self-defence: "The need to act must not have been created b......
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R. v. Khill,
...2011 SCC 53, [2011] 3 S.C.R. 471; R. v. Sylvester, 2020 ABQB 27; R. v. Merasty, 2014 SKQB 268, 454 Sask. R. 49; R. v. Browne, [1973] N.I. 96; R. v. Ameralik, 2021 NUCJ 3, 69 C.R. (7th) 161; R. v. Rabut, 2015 ABPC 114; R. v. Knott, 2014 MBQB 72, 304 Man. R. (2d) 226; R. v. Vaz, 2019 QCC......
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...of cases to which I will turn as briefly as I may. The first case is the decision of the Court of Criminal Appeal of Northern Ireland in R v Browne [1973] NILR 96 in which the judgment of the court was delivered by Lowry LCJ, in particular at p.107. In subpara.(3) he said: “Where a police o......
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R. v. Moghrabi (P.F.), (2002) 323 A.R. 129 (PC)
...in Smith and Hogan's Criminal Law , 6th ed. (1988), at p. 244, states what I think are the applicable principles: "In Browne [[1973] N.I. 96 at p. 107 (C.C.A.), discussed 24 N.I.L.Q. 527] Lowry, L.C.J., said, with regard to self-defence: 'The need to act must not have been created by c......
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Private Defence and Public Defence in the Criminal Law and in the Law of Tort—A Comparison
...is unavailable where the defendant deliberately provokes an attack withthe intention of killing, purportedly in self-defence: R v Browne [1973] NI 96.The Journal of Criminal reasonable self-defence. There the defendant should not resist the forceunless he has a reasonable apprehension that ......
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Anglo-African Perspectives on Self-Defence
...attack on D. Surely D should be denied the right of self-defence if he or she foresaw the likelihood of V's reaction.4949In R v Browne [1973] NI 96 at 107, Lowry LCJ said that ‘[t]he need to act [in self-defence] must not have been created by conduct of the accused in the immediate context ......