Source: All England Reporter
Publisher Citation: [2005] All ER (D) 175 (Nov)
Neutral Citation: [2005] UKPC 43
Court: Privy Council
Judge:

Lord Steyn, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton and Lord Walker of Gestingthorpe

Judgment Dates: 14 November 2005

Catchwords

Criminal law - Murder - Capital murder - Murder in course or furtherance of burglary or housebreaking - Whether offence of which defendant convicted capital murder - Offences Against the Person Act (Jamaica) 1864, s 2(1)(d).

The Case

The duality of purpose which was a necessary element for capital murder as defined in s2(1)(d) of the Offences against the Person Act (Jamaica) 1864, as substituted by s2 of the Offences against the Person Act 1992 was absent in the instant case. The defendant broke in to the house for the sole purpose of killing the victim. There was no evidence that he had any other criminal intention.

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