R v Smith (1900)
Court case decided in the Colony of the Cape of Good Hope / From Wikipedia, the free encyclopedia
R v Smith[3] is a case decided by the Special Court created by the Indemnity and Special Tribunals Act, 1900 (No 6), sitting in the buildings[4] of the Supreme Court of the Colony of the Cape of Good Hope.[5] It relates to whether superior orders are an excuse[6] or justification.[7] It has been called a leading case.[8][9][10]
Regina v Smith | |
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Decided | 30 October 1900 |
Citation(s) | (1900) 17 SC 561; (1900) 10 CTR 773 |
Court membership | |
Judges sitting | Solomon J,[1] Lange J,[2] Maasdorp QC |
According to the Cape Times Law Reports, the ratio decidendi[11] of this case is as follows: The orders of a superior officer so long as they are neither obviously and decidedly illegal nor opposed to the well-established customs of the Army, must be completely and unhesitatingly obeyed by a soldier subordinate to such officer. But if such commands are obviously illegal, the inferior will be justified in questioning or even refusing to execute them. An officer or soldier acting under orders from his superior which are not necessarily nor manifestly illegal, will be justified in obeying such orders.[7]