Is the age of the accused relevant to the standard of self-control of the ordinary person?

Canada (Federal), Canada

The following excerpt is from R. v. Hill, [1986] 1 SCR 313, 1986 CanLII 58 (SCC):

87. In my opinion the age of the accused is relevant in a case such as this to the standard of self‑control of the ordinary person rather than to the gravity of the provocation. With respect, this appears to me to have been the view of Lord Diplock in Director of Public Prosecutions v. Camplin, [1978] A.C. 705. I think this appears clearly from Lord Diplock's use of the words "power of self‑control" and "standard of self‑control" in association with the age of the accused on pp. 717‑18, and particularly from what he said on p. 718 should be the judge's direction to the jury: "He should then explain to them that the reasonable man referred to in the question is a person having the power of self‑control to be expected of an ordinary person of the sex and age of the accused, but in other respects sharing such of the accused's characteristics as they think would affect the gravity of the provocation to him...". I am content, with great respect, to accept the rationale or justification suggested by Lord Diplock for regarding the youth of an accused as relevant to the standard of self‑control of the ordinary person.

Other Questions


What is the standard of damages for personal injury damages in personal injury cases? (MultiRegion, United States of America)
What is the standard for alleging that a person has committed a crime against another person on a motion of appeal? (MultiRegion, United States of America)
What is the standard standard of care provided by a lawyer in a personal injury case? (MultiRegion, United States of America)
Is statistical evidence relevant, relevant and probative when it reveals a disparity in treatment toward members of a racial minority in the course of certain discriminatory decisions by the employer? (Canada (Federal), Canada)
What is the proper standard of review for a decision in a personal injury case? (Canada (Federal), Canada)
What is the standard of review of a decision in a personal injury case? (Canada (Federal), Canada)
What is the test for the right of a single person to cast their ballot at the same time as a second person? (MultiRegion, United States of America)
What is the test for whether a person who has been found unfit to stand trial for murder by reason of reason is considered to be a "dangerous person" under s. 19(1)(a)(ii) of the Mental Health Act? (Canada (Federal), Canada)
When a prison officer is accused of excessive force, what is the standard of inquiry? (MultiRegion, United States of America)
Does the period of time spent in state custody of an accused be taken into account when the accused has been held in federal custody? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.