Exercise 006 | Law

Exercise 006

Self-Defence: The Queen v. Howe (1958) 100 CLR 448

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Easy questions

  1. How would you cite the case?
  2. In which court was the case heard? Could there be an appeal from this decision?
  3. What type of decision was it - appellate, civil, criminal, first instance?
  4. Who were the judges?
  5. Was the decision unanimous?
  6. What does it mean to say that 'the appellant is the Crown'?
  7. Is this an official report of the case?
  8. What facts gave rise to the case?
  9. Who was the appellant?
  10. Who was the respondent?
  11. What was the hearing from which this case was appealed?
  12. In what court was the previous hearing?
  13. What do the following terms mean (using your legal dictionary)?
    1. rescind
    2. self-defence
    3. provocation
    4. murder
    5. manslaughter

More difficult questions

  1. What were the legal issues involved?
  2. Why did the High Court grant special leave for the appeal?
  3. What were the issues on which the Crown disagreed with the judges of the Supreme Court?
  4. What did Dixon CJ consider to have been the issues to which the High Court should limit itself in this appeal?
  5. What was the jury's responsibility regarding self-defence?
  6. What was the judges' direction to the jury in the previous case regarding self-defence?

Complex questions

  1. What was Dixon CJ's opinion on the question of excessive force and self-defence? What case law did he make use of to this end?
  2. What was Dixon CJ's reasoning in relation to the requirement to retreat in instances of self-defence? What use did he make of case law and literature?
  3. Did Dixon CJ apply precedent in this case? In questioning the basis of the law of homicide in relation to self-defence, did Dixon CJ reaffirm the law or suggest change?
  4. What problem/s did Taylor J have with Dixon CJ's formulation of self-defence in relation to excessive force?
  5. What formulation did Taylor J prefer?
  6. What was Menzies J's opinion regarding the requirement of retreat in self-defence?
  7. In what way did Menzies J's reasoning differ from that of Dixon CJ?
  8. What was the current state of the law regarding self-defence?