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R V Lipman
''R v Lipman'' 9701 QB 152 is an English criminal law precedent that self-induced (voluntary) intoxication, however extreme, is no defence to manslaughter, provided a loss of control is foreseen by becoming intoxicated. The defendant in voluntarily taking dangerous drugs was found to have taken a dangerous risk which ordinary individuals would foresee, with his lack of intention to carry out dangerous acts not thereafter being relevant to a conviction of manslaughter. Facts The defendant and the victim, who were both alleged to be addicted to drugs, both took a quantity of LSD late on 16 September 1967. On the morning of the 18th he booked out of his hotel and left the country, before the victim was found the next day with haemorrhaging of the brain, and evidence of asphyxiation. 9701 QB 152, at 155 The defendant was returned by extradition, then attested that he and the victim had experienced hallucinations from taking LSD. By his account, he imagined he had been attacked by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, Judiciary, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual Evidence (law), evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a Discretionary review, discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manslaughter In English Law
In the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the ''mens rea'' (Latin for "guilty mind") or by reason of a partial defence. In England and Wales, a common practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option (see alternative verdict). The jury then decides whether the defendant is guilty or not guilty of either murder or manslaughter. On conviction for manslaughter, sentencing is at the judge's discretion, whereas a sentence of life imprisonment is mandatory on conviction for murder. Manslaughter may be either ''voluntary'' or ''involuntary'', depending on whether the accused has the required ''mens rea'' for murder. Voluntary manslaughter '' Voluntary manslaughter'' occurs when the defendant kills with ''mens rea'' (an intention to kill or cause grievous bodily harm), but one of those partial defences which reduce murder to m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to ro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from Civil law (legal system), civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law (legal system), Civil law systems, in contrast, are characterized by comprehensive Code of law, codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intoxication In English Law
Intoxication in English law is a circumstance which may alter the capacity of a defendant to form mens rea, where a charge is one of specific intent, or may entirely negate mens rea where the intoxication is involuntary. The fact that a defendant is intoxicated in the commission of a crime — whether voluntarily or not — has never been regarded as a full defence to criminal proceedings (unlike statutory defences such as self defence). Its development at common law has been shaped by the acceptance that intoxicated individuals do not think or act as rationally as they would otherwise, but also by a public policy necessity to punish individuals who commit crimes. Voluntary intoxication The Earl of Birkenhead stated in 1920 that until the early 19th century voluntary drunkenness was never a defence, based on the principle that "a man who by his own voluntary act debauches and destroys his will power shall be no better situated in regard to criminal acts than a sober man". This ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Haemorrhaging
Bleeding, hemorrhage, haemorrhage or blood loss, is blood escaping from the circulatory system from damaged blood vessels. Bleeding can occur internally, or externally either through a natural opening such as the mouth, nose, ear, urethra, vagina, or anus, or through a puncture in the skin. Hypovolemia is a massive decrease in blood volume, and death by excessive loss of blood is referred to as exsanguination. Typically, a healthy person can endure a loss of 10–15% of the total blood volume without serious medical difficulties (by comparison, blood donation typically takes 8–10% of the donor's blood volume). The stopping or controlling of bleeding is called hemostasis and is an important part of both first aid and surgery. Types * Upper head ** Intracranial hemorrhage — bleeding in the skull. ** Cerebral hemorrhage — a type of intracranial hemorrhage, bleeding within the brain tissue itself. ** Intracerebral hemorrhage — bleeding in the brain caused by the rupture o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Asphyxiation
Asphyxia or asphyxiation is a condition of deficient supply of oxygen to the body which arises from abnormal breathing. Asphyxia causes generalized hypoxia, which affects all the tissues and organs, some more rapidly than others. There are many circumstances that can induce asphyxia, all of which are characterized by the inability of a person to acquire sufficient oxygen through breathing for an extended period of time. Asphyxia can cause coma or death. In 2015, about 9.8 million cases of unintentional suffocation occurred which resulted in 35,600 deaths. The word asphyxia is from Ancient Greek "without" and , "squeeze" (throb of heart). Causes Situations that can cause asphyxia include but are not limited to: airway obstruction (such as from asthma, laryngospasm, or simple blockage from the presence of foreign materials); from being in environments where oxygen is not readily accessible: such as underwater, in a low oxygen atmosphere, or in a vacuum; environments where ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extradition
In an extradition, one Jurisdiction (area), jurisdiction delivers a person Suspect, accused or Conviction, convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions, and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction. In an extradition process, one sovereign jurisdiction makes a formal request to another sovereign jurisdiction ("the requested state"). If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject them to its extradition process. The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state. Between countries, extradition ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Church
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars''. The letter is the eighth most common letter in English and the fourth-most common consonant, after , , and . Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as , , , , and . This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many other words such as ''farm'' (compare French ) and ''star'' (compare German ). In Hiberno-English, the letter is called or , somewhat similar to ''oar'', ''ore'', ''orr''. The letter R is sometimes referred to as the 'canine letter', often rendered in English as the dog's letter. This Latin term referred to the Latin that was trilled to sound l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
DPP V Majewski
''DPP v Majewski'' mens rea'' requirement is satisfied by the reckless behaviour of intoxicating oneself. Facts The defendant, Robert Stefan Majewski, committed a series of assaults while under the influence of alcohol and drugs (20 pills of Dexedrine and 8 pills of Nembutal). He attacked the landlord and several customers at a public house; subsequently he attacked the police officer who drove him to the police station following his arrest, and a police inspector at the station. He was charged with four counts of assault occasioning actual bodily harm and three counts of assault on a constable in the execution of his duty. He tried to rely on his intoxication as a "defence" to the charges. Judgment Dismissing his appeal, the highest criminal court held that he could not rely on intoxication, as it is no defence. It was however recognised that certain offences require a ''mens rea'' element termed specific intent. The requisite ''mens rea'' can be disproved if the defendant c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Case Law
English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish term for non-Amish, regardless of ethnicity * English studies, the study of English language and literature Media * ''English'' (2013 film), a Malayalam-language film * ''English'' (novel), a Chinese book by Wang Gang ** ''English'' (2018 film), a Chinese adaptation * ''The English'' (TV series), a 2022 Western-genre miniseries * ''English'' (play), a 2022 play by Sanaz Toossi People and fictional characters * English (surname), a list of people and fictional characters * English Fisher (1928–2011), American boxing coach * English Gardner (born 1992), American track and field sprinter * English McConnell (1882–1928), Irish footballer * Aiden English, a ring name of Matthew Rehwoldt (born 1987), American former professional wrestle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1969 In United Kingdom Case Law
1969 (Roman numerals, MCMLXIX) was a common year starting on Wednesday of the Gregorian calendar, the 1969th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 969th year of the 2nd millennium, the 69th year of the 20th century, and the 10th and last year of the 1960s decade. Events January * January 4 – The Government of Spain hands over Ifni to Morocco. * January 5 – Ariana Afghan Airlines Flight 701 crashes into a house on its approach to London's Gatwick Airport, killing 50 of the 62 people on board and two of the home's occupants. * January 14 – USS Enterprise fire, An explosion aboard the aircraft carrier USS Enterprise (CVN-65), USS ''Enterprise'' near Hawaii kills 28 and injures 314. * January 16 – First successful docking of two crewed spacecraft in orbit and the first transfer of crew from one space vehicle to another (by a space walk) between Soviet craft Soyuz 5 and Soyuz 4. * January 18 – Failure of Soyuz 5's service module to separ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
