R v Martindale

JurisdictionEngland & Wales
Date1966
Year1966
CourtCourts-Martial Appeal Court
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7 cases
  • DPP v MacEoin
    • Ireland
    • Court of Criminal Appeal
    • 17 April 1978
    ...provocation may be established notwithstanding the fact that the accused intended to kill or cause serious injury. R. v. MartindaleWLR [1966] 1 W.L.R. 1564 approved. 2. That, accordingly, the trial of the accused had been unsatisfactory and that there should be a new trial. Semble: In consi......
  • Bholanauth v The State
    • Guyana
    • Court of Appeal (Guyana)
    • 28 May 1986
    ...an intention to kill and that the principles were correctly stated in that case as well as in the earlier case of Perera. [See also R. v. Martindale [1966] 3 All E.R. 305.] 21 I do not wish it to be thought that I am attempting to expound any new doctrines on excusable homicide perpetrated ......
  • Jacobs v The Queen
    • St Vincent
    • Court of Appeal (Saint Vincent)
    • 6 March 2003
    ...far!” “What I am doing is wrong:” I cannot discern what direction the learned trial judge gave the jury on the law of provocation. See R v. Martindale [1966] 3 All E.R. 305. 45 In my view the learned trial judge gave little or no legal direction on provocation and moreover, the way he dealt......
  • R v Ruth Ellis
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 8 December 2003
    ...Cases stated the law in these terms at the time and continued to do so until its 35 th edition published in 1962 (see R v Martindale [1966] 1 WLR 1564 at p 1567). 73 The question that we have to address is not whether the Crown's view may have been wrong but whether the judge's ruling was i......
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2 books & journal articles
  • Injustice Perpetuated? The Contribution of the Court of Appeal
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 72-1, February 2008
    • 1 February 2008
    ...always ameliorate a 31 Holmes v DPP [1946] AC 588, disapproved in Attorney-General for Ceylon v Perera [1953] AC 200; R v Martindale (1966) 50 Cr App R 273. 32 Of course, there is a problem where an unmeritorious applicant takes the benefit a transient statement of law: such was the case of......
  • North of the Border
    • United Kingdom
    • Sage Police Journal: Theory, Practice and Principles No. 40-2, February 1967
    • 1 February 1967
    ...be published three times a yearand, by a pleasing arrangement, willbe supplied free for the year 1967.ThecaseofR. v. Martindale [1966]3 All E.R. 305, illustrates the desira-bility of keeping up to date with the83 ...

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