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Bratty V A-G For Northern Ireland
''Bratty v Attorney-General for Northern Ireland'' 963AC 386, 9613 All ER 523, 961UKHL 3 is a House of Lords decision relating to non-insane automatism. The court decided that medical evidence is needed to prove that the defendant was not aware of what they were doing, and if this is available, the burden of proof lies with the prosecution to prove that intention was present. Facts In March 1961, twenty-year-old George Bratty had given a lift in his car to Josephine Fitzsimmons, who was later found dead under a hedge near Hillsborough, County Down, Northern Ireland, having been strangled. Bratty was later interviewed by police and asked to explain scratches on his neck. He made a statement in which he said, ''inter alia'' and then Trial Bratty's trial was heard at the Downpatrick Assizes, and his defence team proposed alternative verdicts, namely *That Bratty was not guilty on the basis that he was in a state of automatism and not "master of his own actions", the only cause su ...
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David Maxwell Fyfe, 1st Earl Of Kilmuir
David Patrick Maxwell Fyfe, 1st Earl of Kilmuir, (29 May 1900 – 27 January 1967), known as Sir David Maxwell Fyfe from 1942 to 1954 and as Viscount Kilmuir from 1954 to 1962, was a British Conservative politician, lawyer and judge who combined a legal career with political ambitions that took him to the offices of Solicitor General, Attorney General, Home Secretary and Lord High Chancellor of Great Britain. One of the prosecuting counsels at the Nuremberg Trials, he subsequently played a role in drafting the European Convention on Human Rights. As Home Secretary from 1951 to 1954 he greatly increased the number of prosecutions of homosexuals and declined to commute Derek Bentley's death sentence for the murder of a police officer. His political ambitions were ultimately dashed in Harold Macmillan's cabinet reshuffle of July 1962. Early life Born in Edinburgh, the only son of William Thomson Fyfe, headmaster of Aberdeen Grammar School, by his second wife Isabella Campbe ...
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Downpatrick
Downpatrick () is a town in County Down, Northern Ireland. It is on the Lecale peninsula, about south of Belfast. In the Middle Ages, it was the capital of the Dál Fiatach, the main ruling dynasty of Ulaid. Down Cathedral, Its cathedral is said to be the burial place of Saint Patrick. Today, it is the county town of Down and the joint headquarters of Newry, Mourne and Down District Council. Downpatrick had a population of 11,545 according to the United Kingdom Census 2021, 2021 Census. History Pre-history An early Bronze Age site was excavated in the Meadowlands area of Downpatrick, revealing two Roundhouse (dwelling), roundhouses, one was four metres across and the other was over seven metres across. Archaeological excavations in the 1950s found what was thought to be a Bronze Age hillfort on Cathedral Hill, but further work in the 1980s revealed that this was a much later Rampart (fortification), rampart surrounding an early Christian monastery. Early history Downpatrick ...
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Lord Denning Cases
This is a partial list of legal cases involving Lord Denning, who during his career delivered around 2000 reported judgments. After serving as a barrister, Lord Denning served as a judge for nearly 40 years, from 1944 to 1982. He often played a decisive role in developing the law and was influential around the Commonwealth and common law world. Counsel *'' L'Estrange v F Graucob Ltd'' 9342 KB 394, establishes the doctrine of incorporation by signature *'' Regal (Hastings) Ltd v Gulliver ''942UKHL 1; 1942 1 All ER 378; 9672 AC 134, trustees cannot make profit from office even when the opportunity is not available to their beneficiaries High Court *'' Fletcher v Fletcher'' 9451 All ER 582, 61 TLR 354, Denning approves the divorce of a husband who deserted wife by withdrawing sexual intercourse and joining a religious community. *'' Central London Property Trust Ltd v High Trees House Ltd'' 947KB 130, Denning resurrects the lost doctrine of promissory estoppel while only a judg ...
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1961 In British Law
Events January * January 1 – Monetary reform in the Soviet Union, 1961, Monetary reform in the Soviet Union. * January 3 ** United States President Dwight D. Eisenhower announces that the United States has severed diplomatic and consular relations with Cuba (Cuba–United States relations are restored in 2015). ** Aero Flight 311 (Koivulahti air disaster): Douglas DC-3C OH-LCC of Finnish airline Finnair, Aero crashes near Kvevlax (Koivulahti), on approach to Vaasa Airport in Finland, killing all 25 on board, due to pilot error: an investigation finds that the Captain (civil aviation), captain and First officer (civil aviation), first officer were both exhausted for lack of sleep, and had consumed excessive amounts of alcohol at the time of the crash. It remains the deadliest air disaster to occur in the country. * January 5 ** Italian sculptor Alfredo Fioravanti enters the U.S. Consulate in Rome, and confesses that he was part of the team that forged the Etruscan terra ...
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Criminal Law Of Northern Ireland
The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Before 1921, Northern Ireland was part of the same legal system as the rest of Ireland. For the purposes of private international law, the United Kingdom is divided into three distinct legal jurisdictions: England and Wales; Northern Ireland and Scotland. Northern Ireland is a common law jurisdiction. Although its common law is similar to that in England and Wales, and partially derives from the same sources, there are some important differences in law and procedure. Northern Irish law has its roots in Irish common law before the partition of Ireland in 1921 and the Acts of Union in 1801. Following the formation of the Irish Free State (which later became the Republic of Ireland), Northern Ireland became its own devolved legal jurisdiction within the United Kingdom. History of th ...
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M'Naghten Rules
The M'Naghten rule(s) (pronounced, and sometimes spelled, McNaughton) is a legal test (law), test defining the Insanity defense, defence of insanity that was formulated by the House of Lords in 1843. It is the established standard in UK criminal law. Versions have been adopted in some US states, currently or formerly, and other jurisdictions, either as case law or by statute. Its original wording is a proposed jury instruction: The rule was created in reaction to the acquittal in 1843 of Daniel M'Naghten on the charge of murdering Edward Drummond. M'Naghten had shot Drummond after mistakenly identifying him as the British Prime Minister Robert Peel, who was the intended target. The acquittal of M'Naghten on the basis of insanity, a hitherto unheard-of defence ''per se'' in modern form, caused a public uproar, with protests from the establishment and the press, even prompting Queen Victoria to write to Robert Peel calling for a "wider interpretation of the verdict". The House o ...
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Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary For voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This ...
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Epilepsy
Epilepsy is a group of Non-communicable disease, non-communicable Neurological disorder, neurological disorders characterized by a tendency for recurrent, unprovoked Seizure, seizures. A seizure is a sudden burst of abnormal electrical activity in the brain that can cause a variety of symptoms, ranging from brief lapses of awareness or muscle jerks to prolonged convulsions. These episodes can result in physical injuries, either directly, such as broken bones, or through causing accidents. The diagnosis of epilepsy typically requires at least two unprovoked seizures occurring more than 24 hours apart. In some cases, however, it may be diagnosed after a single unprovoked seizure if clinical evidence suggests a high risk of recurrence. Isolated seizures that occur without recurrence risk or are provoked by identifiable causes are not considered indicative of epilepsy. The underlying cause is often unknown, but epilepsy can result from brain injury, stroke, infections, Brain tumor, ...
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Complex Partial Seizure
Focal seizures are seizures that originate within brain networks limited to one hemisphere of the brain. In most cases, each seizure type has a consistent site of onset and characteristic patterns of spread, although some individuals experience more than one type of focal seizure arising from distinct networks. Seizure activity may remain localized or propagate to the opposite hemisphere. Symptoms will vary according to where the seizure occurs. When seizures occur in the frontal lobe, the patient may experience a wave-like sensation in the head. When seizures occur in the temporal lobe, a feeling of déjà vu may be experienced. When seizures are localized to the parietal lobe, a numbness or tingling may occur. With seizures occurring in the occipital lobe, visual disturbances or hallucinations have been reported.
, E ...
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Assizes
The assizes (), or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes exercised both Civil law (common law), civil and English criminal law, criminal jurisdiction, though most of their work was on the criminal side. The assizes heard the most serious cases, most notably those subject to capital punishment or, later, life imprisonment. Other serious cases were dealt with by the quarter sessions (local county courts held four times per year), while the more minor offences were dealt with summarily by justice of the peace, justices of the peace in petty sessions (also known as magistrates' court (England and Wales), magistrates' courts). The word ''assize'' refers to the sittings or sessions (Old French ''assises'') of the judges, known as "justices of assize", who were judges who travelled across the seven circu ...
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Hillsborough, County Down
Royal Hillsborough (Irish: ''Cromghlinn'', meaning 'Crooked Glen'Patrick McKay, ''A Dictionary of Ulster Place-Names'', p. 81. The Institute of Irish Studies, The Queen's University of Belfast, Belfast, 1999.), more commonly known simply as Hillsborough, is a village and civil parish in County Down, Northern Ireland, from the city of Belfast. It is within the Lisburn and Castlereagh District Council area. The village is noted for its Georgian architecture. It is home to Hillsborough Castle, the British royal family's official residence in Northern Ireland, and residence of the British Secretary of State for Northern Ireland. History Before 1661, the townland was known as ''Crumlin'' or ''Cromlin'' (). By 1661, during the Plantation of Ulster, the townland and the settlement within it had been renamed ''Hillsborough''. It was named after English army officer Sir Moses Hill, and his son Arthur Hill, who built Hillsborough Fort in 1650 to command the road from Dublin to C ...
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Lord Chancellor
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ranking Great Officers of State (United Kingdom), Great Officer of State in Scotland and England, nominally outranking the Prime Minister of the United Kingdom, prime minister. The lord chancellor is appointed and dismissed by the British monarchy, sovereign on the advice of the prime minister. Prior to the Acts of Union 1707, union of England and Scotland into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England (including Wales) and the Kingdom of Scotland. Likewise, the Lordship of Ireland and its successor states (the Kingdom of Ireland and History of Ireland (1801–1923), United Kingdom of Great Britain and Ireland) maintained the office of Lord Chancellor of Ireland, lord chancellor of Ireland u ...
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