R v Smith

Facts

During the South African War a soldier shot and killed a local man on his officer's order.

Issue

Was obedience to superior orders a defence to murder?

Held

The soldier was acquitted. The order was not so plainly illegal that he must have known it was unlawful.

Principle

Solomon J: a soldier who honestly believes he is doing his duty in obeying an order is protected unless the order is so manifestly illegal that he must or ought to have known it was unlawful.

Why it matters

A classic statement on superior orders, now narrowed by international law.

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