R v McCarthy

JurisdictionNew Zealand
CourtCourt of Appeal
Year1992
Date1992

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6 cases
  • Holley v AG
    • United Kingdom
    • Privy Council
    • June 15, 2005
    ...no reference to his only arguable distinguishing characteristic of chronic alcoholism. In the later New Zealand case of R v McCarthy [1992] 2 NZLR 550, 558, the Court of Appeal (in a judgment given by Cooke P) was of opinion that this second point made by North J was unsound and had unduly......
  • R v Smith (Morgan James)
    • United Kingdom
    • House of Lords
    • July 27, 2000
    ... ... which came to be further considered in Reg. v. McCarthy [1992] 2 N.Z.L.R. 550 ... The passage in North J's judgment in McGregor which was quoted by Cooke J. in McCarthyonly begins with what I have referred to as the further point. His criticism is of the necessity to find that the provocation must be "directed at" a particular characteristic. This ... ...
  • R v Smith (Morgan James)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • July 29, 1998
    ... ... 35 R v McGregor (1962) NZLR 1069 ... 36 R v McCarthy (1992) 2 NZLR 550 ... 37 R v Raven (1982) Crim LR 51 (a decision of the Recorder of London) ... 38 ... ...
  • R v Morhall
    • United Kingdom
    • House of Lords
    • July 20, 1995
    ...regarded with caution, having regard to the reservations expressed with regard to that judgment by the Court of Appeal of New Zealand in Reg. v. McCarthy [1992] 2 N.Z.L.R. 550, 557-558. per Cooke P. delivering the judgment of the court, part of which is quoted by Professor Smith in his comm......
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2 books & journal articles
  • Recognising Acute Intoxication as Diminished Responsibility? A Comparative Analysis
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 76-1, February 2012
    • February 1, 2012
    ...(Sentencing Act 2002, s. 9(3)).106 Sentencing Act 2002, s. 102.107 See, Brookbanks, above n. 23. See also R v McCarthy [1992] 2 NZLR 550, (1992)8 CRNZ 58, CA; R v Ashton [1989] 2 NZLR 166, (1989) 4 CRNZ 241, CA.108 New Zealand Law Reform Committee, Report on Culpable Homicide (1976) 3.109 N......
  • Innocent Victims and Vulnerable Offenders: Defending Impaired Adults Who Kill Children
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 83-5, October 2019
    • October 1, 2019
    ...test that it imposed. See the line of cases beginning with R v McGregor [1962]NZLR 1069 (CA) and including R v McCarthy [1992] 2 NZLR 550, (1992) 8 CRNZ 58 (CA), R v Campbell [1997] 1 NZLR16, (1996) 14 CRNZ 117 (CA), R v Rongonui [2000] 2 NZLR 385 (CA) and R v Makoare [2001] 1 NZLR 318, (20......