Principle Archive

It is an accepted principle of law that where the cause of death is obvious, medical evidence ceases to be of any practical or legal necessity…

Whatever the line of defence adopted by counsel at the trial of a prisoner, it is for the judge to put such questions as appear to…

The expression 'an act done in the prosecution of an unlawful purpose' in section 316(c) of the Criminal Code must mean an act done in furtherance…

Where the act which a person is engaged in performing is unlawful, then if at the same time it is a dangerous act, that is, an…

One of the elements of murder as provided for in s.316(a) or (b) of the Criminal Code is that the act done must be with the…

The provisions of section 24 of the Criminal Code contain two situations of quite different bases. The first arm relates to an act or omission occurring…

A person is not criminally responsible for an act or omission which occurs independently of the exercise of his will. This is a situation where the…

The learned trial Judge warned himself on the evidence of the blood relations. He said: 'The court is not unaware of the caution with which evidence…

The learned trial Judge carefully considered and evaluated the prosecution's evidence and came to the right conclusion that the prosecution had proved its case beyond reasonable…

I have no doubt that the appellant intended to kill the deceased when he went straight for his neck and fatally attacked it.

There was no evidence of self-defence, provocation or accident with which the appellant could avail himself. The two courts below considered those defences and rejected them.…

The defences of provocation, mistake or accident were fully considered by the trial court and the Court of Appeal and were found to be not available…