References: [1986] 1 Ch 180
Ratio: The wife who had been subjected to years of abuse shot her violent husband dead in the course of an argument, when a loaded shotgun she had picked up and pointed at him as a threat to deter him from offering her further violence went off accidentally.
Held: The appeal against an order for relief failed. The 1982 Act could be used in this case to releive the wife of the severe consequences of the forfeiture rule.
Statutes: Forfeiture Act 1982 2
Jurisdiction: England and Wales
This case is cited by:
- Cited – Mack v Lockwood and Others ChD (Bailii, [2009] EWHC 1524 (Ch))
The claimant had been convicted of the manslaughter of his wife. He now applied for relief agsinst forfeiture of his share of her estate. He was elderly and had suffered some mental impairment after a stroke, which might have led him to misjudge his . . - Cited – D v L and Others ChD ([2003] WTLR 687, Bailii, [2003] EWHC 796 (Ch))
The claimant had been found guilty of the manslaughter by diminished responsibility of the deceased. He now sought disapplication of the 1982 Act.
Held: The application failed: ‘The reforms introduced by the Homicide Act 1957 were designed to . .
(This list may be incomplete)
Last Update: 19 June 2017
Ref: 428470
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