References: [1970] 2 QB 626
Coram: Geoffrey Lane J
Ratio: The defendant had used a shotgun to threaten a man and the gun had accidentally gone off and killed him. The issue was whether the defendant could recover in respect of his liability under a policy of insurance.
Held: The rule of public policy that a criminal should forfeit any interest in a benefit arising from his act only applies where the offender is guilty of violence: ‘However to confine the operation of public policy to cases where there was an actual intent to kill would be to exclude many cases of actual murder: that is to say those cases where the killing was done with intent to do grievous bodily harm, but not to kill. It would further include some cases of manslaughter, for example, manslaughter where the killing was done intentionally but under the stress of provocation, or killing in pursuance of a suicide pact. The logical test, in my judgment, is whether the person seeking the indemnity was guilty of deliberate, intentional and unlawful violence or threats of violence. If he was, and death resulted therefrom, then, however unintended the final death of the victim may have been, the court should not entertain a claim for indemnity.’
Jurisdiction: England and Wales
This case is cited by:
- Appeal from – Gray v Barr CA ([1971] 2 QB 554)
A husband had accidentally shot and killed his wife’s lover after threatening him with a shotgun.
Held: The court confirmed the decision at first instance. He was not liable to be indemnified by his insurers for the losses claimed against him . . - Cited – Dunbar (As Administrator of Tony Dunbar Deceased) v Plant CA (Gazette 24-Sep-97, Bailii, [1997] EWCA Civ 2167, [1997] 4 All ER 289, [1998] Ch 412, [1997] 3 WLR 1261, [1998] 1 FLR 157, [1998] Fam Law 139, [1997] 3 FCR 669)
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant.
Held: The appeal was . . - Cited – Re H deceased CA ([1991] FLR 441)
The Plaintiff had stabbed his wife to death when under the illusion, induced by a reaction to an anti-depressant drug, that she had just committed an act of infidelity. At his trial, a plea to guilty of manslaughter by reason of diminished . . - 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: 23 July 2017
Ref: 185186
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