• Test now – did D genuinely rely on advice and was reliance reasonable
• R v Knight
o Argued that Howell case wrongly decided by Court of Appeal
• R v Hoare
o Argued Howell wrongly decided
• R v Beckles
o Court of Appeal endorsed ruling in Howell
• Quality of legal advice NOW does matter because of Howell
• Going to have to breach right to professional legal privilege to prove
objective sound reasoning
o R v Bowden (1999)
• If State denies D lawyer, s34 cannot be activated- better off
• R v Condron (1997)
• Condron v UK (2000)
• R v Betts & Hall (2001)
• R v Howell (2003)
• R v Knight (2003)
• R v Hoare (2004)
• R v Beckles (2005)
• R v Bresa 2005
12
• R v Knight
o Argued that Howell case wrongly decided by Court of Appeal
• R v Hoare
o Argued Howell wrongly decided
• R v Beckles
o Court of Appeal endorsed ruling in Howell
• Quality of legal advice NOW does matter because of Howell
• Going to have to breach right to professional legal privilege to prove
objective sound reasoning
o R v Bowden (1999)
• If State denies D lawyer, s34 cannot be activated- better off
• R v Condron (1997)
• Condron v UK (2000)
• R v Betts & Hall (2001)
• R v Howell (2003)
• R v Knight (2003)
• R v Hoare (2004)
• R v Beckles (2005)
• R v Bresa 2005
12
