R v Cousins

JurisdictionEngland & Wales
JudgeMR. JUSTICE MILMO,LORD JUSTICE EVELEIGH
Judgment Date09 February 1982
Judgment citation (vLex)[1982] EWCA Crim J0209-13
CourtCourt of Appeal (Criminal Division)
Docket NumberNo. 5232/A/81
Date09 February 1982

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5 cases
  • R v Hunt (Richard)
    • United Kingdom
    • House of Lords
    • 4 December 1986
    ...to negative the defence. They are Regina v. Burke (1978) 67 Cr. App. R. 220, R. v. McPherson [1973] R.T.R. 157, Regina v. Cousins [1982] Q.B. 526. In none of these cases was Regina v. Edwards [1975] Q.B. 27 either cited in argument or referred to in the judgment. In each case the Court o......
  • Attorney General's Reference (No. 2 of 1983)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 3 February 1984
    ...if the approach to self-defence found in R. v. Fegan as anticipatory justification was good law. In aid of this argument he also invoked R. v. Cousins (1982) Q.B. 526, in which this Court held that the trial Judge had erred in failing to leave to the jury the question whether the defendant ......
  • R. v. Hunt, (1986) 79 N.R. 220 (HL)
    • Canada
    • 4 December 1986
    ...R. v. Burke (1978), 67 Cr. App. R. 220, refd to. [para. 37]. R. v. MacPherson, [1973] R.T.R. 157, refd to. [para. 37]. R. v. Cousins, [1982] Q.B. 526, refd to. [para. R. v. Davies (1913), 8 Cr. App. R. 211, refd to. [para. 57]. R. v. Schama and Abramovitch (1914), 11 Cr. App. R. 45, refd to......
  • R. v. C.M.C., (1991) 102 N.S.R.(2d) 39 (CA)
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • 28 March 1991
    ...(C.C.A.), refd to. [para. 23]. Kenlin and Another v. Gardiner and Another, [1966] 3 All E.R. 931, refd to. [para. 31]. R. v. Cousins, [1982] 2 All E.R. 115, refd to. [para. R. v. Yebes (1987), 78 N.R. 351; 36 C.C.C.(3d) 417 (S.C.C.), refd to. [para. 38]. R. v. Paschal (1986), 74 N.S.R.(2d) ......
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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 May 2019
    ...covering not only defence of oneself but also defence of others. See, eg, Rose (1884) 15 Cox CC 540; Duffy [1967] 1 QB 63. 4 See Cousins [1982] QB 526, [1982] 2 All ER 115; Devlin v Armstrong [1971] NI 13. However, it has been argued that, in cases involving putative or mistaken self-defenc......
  • Atmosphere and Context: Use of Force in the Execution of Duty and Retaliatory Force: Pegram v DPP [2019] EWHC 2673 (Admin)
    • United Kingdom
    • Journal of Criminal Law, The No. 84-1, February 2020
    • 1 February 2020
    ...(prevention of crime), and not by the common law defenceof self-defence. While the two defences are largely interchangeable (R v Cousins [1982] QB 526), it iscertainly debatable whether it was appropriate for his Lordship to speak about an ‘unlawful act’ asopposed to a mere unjustified inte......
  • Officer Safety: Is Enough Being Done to Protect Our Officers?
    • United Kingdom
    • Police Journal: Theory, Practice and Principles No. 72-1, January 1999
    • 1 January 1999
    ...of actual force might be, a further authority onthis point would be welcome.36. McInnes (1971)55 Cr. App. R 551; Clegg [1995]lAC482.37. [1982] QB 526..38. A child under the age of 10 cannot incur criminal responsibility: s.50, Children andYoung Persons Act 1933 as amended by s.16 of the Chi......
  • Police Use of Lethal Force: A Different Test?
    • United Kingdom
    • Police Journal: Theory, Practice and Principles No. 71-1, January 1998
    • 1 January 1998
    ...P is under 10 years of age, or insane. Allen (1995)Textbook on Criminal Law, 3rd edn, p.165.6. [1971] 3 All ER 302.7. See also Cousins [1982] QB 526.8. Allen (1995) Textbook on Criminal Law, 3rd edn, p.169 - from the test laid down byLord Diplock in Attorney-General for Northern Ireland's R......

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