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Case Briefs

R v Hill

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FactsEdit

Hill was convicted of second degree murder for a fatal stabbing. He was sixteen when the incident occurred and testified that he had reacted to the victim's uninvited homosexual advances. He relied on the defences of provocation and self-defence. The Court of Appeal ordered a new trial because the trial judge failed to charge the jury that the objective "ordinary person" standard for the defence of provocation had to take account of the age and sex of the accused.

IssueEdit

  1. How is the objective test for the provocation defence to be formulated and to what extent are characteristics peculiar to the individual accused to be taken into account?

DecisionEdit

Appeal allowed.

ReasonsEdit

Wilson, in the dissent, noted this about the legal position of children:

If the legal system is to reflect accurately the view of children as being in the developmental stages en route to full functioning capacity as adults, the standard against which children’s actions are measured must be such as can logically culminate in the objective standard of the ordinary person upon their arrival at full adulthood.

RatioEdit

There must be a cut-off point where children become treated as "reasonable persons", and that they must approach this point incrementally.

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