Wednesday, April 4, 2012

Director of Public Prosecutions v. Camplin case brief

Director of Public Prosecutions v. Camplin
House of Lords (1978)

FACTS

-A man committed sodomy on a fifteen year old boy.  After the sodomy took place, the man laughed about it.  The boy lost control and killed the man with a cooking implement.


PROCEDURAL HISTORY
-Jury found the boy guilty of murder.
-The court of appeal, substituted the murder for a conviction based of what a similar person of 15 years of age would have done.


Issue: Was the provocation was enough to make a reasonable person do as he did either by reference to a reasonable adult or by reference to a reasonable boy of 15?


Holding:  The reasonable standard of a 15 year old boy applies in this case.


ANALYSIS
-It is alright to take age into account when formulating the reasonable man standard, since 15 year old people tend not to have a completely well reasoned head upon their shoulders.
-The court should have allowed age in as a factor for the jury to consider regarding what someone else of his age bracket would have done in a similar situation.
-Appeal is dismissed.

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