A trial judge is not obliged to direct the jury on manslaughter merely because defence counsel requests it in the absence of the jury, where no reasonable view of the facts supports a manslaughter verdict. The absence of a body does not, without more, require a manslaughter direction. A jury question seeking clarification of the definition of murderous intent does not amount to a question about the power to return a manslaughter verdict and does not trigger the obligation to direct on manslaughter.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
1 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.