The Waterloo Dummy Case
| Published date | 01 April 1954 |
| DOI | 10.1177/0032258X5402700205 |
| Date | 01 April 1954 |
| Author | Keith Simpson |
| Subject Matter | Article |
THE
WATERLOO
DUMMY
CASE
110
rective training
had
given rise
and
associated himself with
the
view
already expressed in England by
the
Lord
Chief-Justice
that
the
matter
would require to be clarified in
amending
legislation.
The
Waterloo
Dummy
Case
R. v. Donoghue
By
KEITH
SIMPSON,
M.D.
WILF U L
stabbing
is such avicious kind
of
assault
that,
unless
plainly self defensive, it can never be regarded leniently. A
knife plunged into
almost
any
part
of
the
body
is so likely to
penetrate
to some vital
spot
that
such an act must
constitute
either an
attempt
at, or actual infliction of, grievous bodily
harm:
if death were to
follow it would seem
unimportant
whether the intention to kill were
there
or
not-it
would constitute wilful
murder.
But this is only
true
so long as
the
victim
of
the
assault is a
human
being,
or
is believed to be one.
What
is the position if the object
of
a
vicious assault is honestly believed
at
the time to be something inani-
mate--a
doll
or
astuffed effigy
or
stage wax
model?
The
situation
is a novel
one
and
capable
of
some
skilful
handling
by wily defending
counsel,
and
it would be as well to consider the case, for it can
happen
to exist: R. v. Donoghue was such a case,
and
it is recorded here in
order
to illustrate this
and
several
other
interesting facets
of
murder
by stabbing.
THE
FEATURES
OF
MURDER
BY
STABBING
Of
23
murders
by
stabbing
which Ihave seen between J934
and
1954 all except 5involved alarge number
of
wounds, e.g. R. v. Vassiere
(CCC)
43, R. v. Hamerton
(CCC)
24, R. v.
Smith
(CCC)
34,
R. v. Gordon (Kingston Ass.) 16,
and
in six others 8
or
10, often set
close
together
over some vital
part
like the neck
or
chest, sometimes
front
and
back. Signs
of
astruggle
are
usually present unless some
other
disabling
wound
is also present.
Where
the
victim is
.caught
unawares as with a ship's
cook
stabbed
in
the
back as he
stood
in
his galley,
or
as in U.S.A.F. v. Smith (court martial) where the
porter
at
Charlie
Brown's
in
Poplar
was
stabbed
once
by a knife
that
crashed
through
a
door
panel, only one
stab
wound
may be found.
The presence
of
'protectire' cuts on
the
palms
or
grasping surfaces
-Jess
commonly
the
hacks-of
the fingers or over the
backs
of
the
forearms or wrists is a
sound
indication
that
other
wounds
to
the
body
were homicidal.
The
depth
of
a
stab
wound gives some indication both
of
the force
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