02 September

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R v Musone

All England Official Transcripts (1997-2008) R v Musone Criminal evidence - Character of accused - Evidence against co-accused - Murder - Defendant seeking to adduce evidence of co-accused's bad character late and without notice - Judge finding evidence admissible but in breach of co-defendant's right to fair trial and in breach of rules - Judge excluding evidence - Whether conviction safe - Criminal Justice Act 2003, ss 101(1)(e), 111 - Criminal Procedure Rules 2005, SI 2005/384, r 35 - European Convention on Human Rights, art 6 [2007] EWCA Crim 1237 Transcript: Wordwave International Ltd (A Merrill Communications Company)) COURT OF APPEAL (CRIMINAL DIVISION) MOSES LJ, UNDERHILL...

01 September

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Regina v Lubemba; Regina v Pooley

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in Criminal Procedure

Weekly Law Reports (ICLR)/2015/Volume 1 /*Regina v Lubemba ; Regina v Pooley ; Practice Note - [2015] 1 WLR 1579 [2015] 1 WLR 1579 *Regina v Lubemba ; Regina v Pooley ; Practice Note Court of Appeal [2014] EWCA Crim 2064 2014 Oct 9 Hallett LJ, Sweeney, Warby JJ Crime -- Practice -- Criminal proceedings -- Vulnerable witnesses -- Guidance as to measures to be taken by judge to protect vulnerable witnesses whilst ensuring fair trial of defendant -- Matters to be considered -- Youth Justice and Criminal Evidence Act 1999 (c 23) (as amended by Coroners and Justice Act 2009 (c 25) s 177, Sch 21,...

01 September

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R v Kalia

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in Criminal Procedure

[1974] EWCA Crim J1125-1 No. 4481/C/73 IN THE COURT OF APPEAL Thursday, 21st November 1974Friday, 22nd November 1974Monday, 25th November 1974 Lord Justice Roskill Regina v. Daya Kalia Jagan Nath Kalia Surinder Singh Bhuller Harinder Singh Sahi Joginder Singh Sidhu Ramlok Sharma and Balbir Chandra Sharma (From the Shorthand Notes of Cherer & Co., 34 Essex Street, Strand, London, WC2R 3AT. Telephone Number: 01-583 4121. Shorthand Writers to the Court.) Mr. B. RODWELL appeared on behalf of Appellants Daya Kalia and Jagan Nath Kalia. MISS A.M. TURKAN appeared on behalf of Applicants Bhuller and Sahi. Mr. J. YAHUDA appeared on behalf of Applicants Sidhu, Ramlok Sharma and Balbir Sharma. Mr. M. SAYERS and MR. C. MITCHELL appeared on...

01 September

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R v Jisl and others

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in Criminal Procedure

All England Reporter/2004/April/R v Jisl and others - [2004] All ER (D) 31 (Apr) [2004] All ER (D) 31 (Apr) R v Jisl and others [2004] EWCA Crim 696 Court of Appeal, Criminal Division Judge LJ, Elias and Stanley Burnton JJ 1 April 2004 Criminal evidence and procedure - Evidence - Admissibility - Cross-examination - Direction to jury - Case management - Judicial control of timetable - Fairness of trial. Customs and Excise officers conducted a surveillance operation and received information from informers and details of meetings and telephone records which led to the defendants' arrests. In addition, a quantity of money was found at the second defendant's...

01 September

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R v Cordingley

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in Criminal Procedure

All England Official Transcripts (1997-2008) R v Cordingley Criminal law - Trial - Judge - Conduct of judge - Judge critical of time estimate - Judge revoking bail - Defendant not receiving clean clothes until afternoon of third day of trial - Whether judge's conduct amounting to failure of due process - Whether conviction ought to be quashed [2007] EWCA Crim 2174 (Transcript: Wordwave International Ltd (A Merrill Communications Company)) COURT OF APPEAL (CRIMINAL DIVISION) LAWS LJ, COX DBE, TUGENDHAT JJ 21 SEPTEMBER 2007 21 SEPTEMBER 2007 A Smith for the Appellant S Smales for the Crown Registrar of Criminal Appeals; Crown Prosecution Service LAWS LJ: (reading the judgment of the court) [1] On...

01 September

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R v Copsey and another

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in Criminal Procedure

All England Official Transcripts (1997-2008) R v Copsey and another Criminal law - Trial - Being concerned with or taking part in management of company as disqualified person without leave of court - Being concerned in or taking part in management of a company by prohibited name - Judge intervening during evidence of defendants - Judge making adverse comments in relation to important defence evidence - Whether trial unfair - Whether convictions unsafe [2008] EWCA Crim 2043 (Transcript: Wordwave International Ltd (A Merrill Communications Company)) COURT OF APPEAL (CRIMINAL DIVISION) GAGE LJ, SILBER, SIMON JJ 16 JULY 2008 16 JULY 2008 N Hood for the Appellants R Ferry-Swainson for the...

01 September

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R v Thornton (No 2)

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R v Thornton (No 2) COURT OF APPEAL, CRIMINAL DIVISION LORD TAYLOR OF GOSFORTH CJ, HIDDEN AND EBSWORTH JJ 4, 5, 13 DECEMBER 1995 b Criminal law – Murder – Provocation – Self-control of reasonable man – Characteristics of accused – Battered wife syndrome – Appellant with personality disorder stabbing husband – Direction to jury on provocation although not relied on by defence – Appellant convicted – Subsequent fresh medical evidence of personality disorder and battered wife syndrome – Whether appellant’s abnormal characteristics eligible for c consideration by jury in determining whether reasonable person having characteristics of appellant would have lost self-control. In 1988 the appellant, who...

01 September

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Ramjattan v The State

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Indravani Ramjattan Appellant v. The State Respondent FROM THE COURT OF APPEAL OF TRINIDAD AND TOBAGO --------------- REASONS FOR DECISION OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL UPON A PETITION FOR SPECIAL LEAVE TO APPEAL AS A POOR PERSON OF THE 3rd February 1999, Delivered the 4th March 1999 ------------------ Present at the hearing:- Lord Hobhouse of Woodborough Lord Mackay of Clashfern Sir Andrew Leggatt [Delivered by Lord Hobhouse of Woodborough] ------------------ This petitioner’s petition (along with her supplemental petition) was heard on 3rd February 1999 at the same time as petitions of Denny Baptiste and Haniff Hilaire. At the conclusion of the hearing, their Lordships announced that the petitions of...

01 September

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LONGSWORTH v THE QUEEN

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IN THE COURT OF APPEAL OF BELIZE, A. D. 2014 Criminal Appeal No. 21 of 2012 LAVERN LONGSWORTH Appellant v THE QUEEN Respondent ______ BEFORE: The Hon. Mr. Justice Dennis Morrison Justice of Appeal The Hon. Mr. Justice Samuel Awich Justice of Appeal The Hon. Madam Justice Minnet Hafiz-Bertram Justice of Appeal G. P. Smith S. C. along with L. Mendes for the appellant C. Vidal S.C., Director of Public Prosecutions, along with...

29 August

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Battered woman syndrome

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Battered woman syndrome The concept of ‘battered woman syndrome’ (BWS) was first raised in Australian case law in the early 1990s. Throughout the 1990s BWS was discussed in many subsequent cases and academic articles. This aspect of the project maps cases, academic analysis and law reform to consider the role of feminist academic critique on the development and disappearance of ‘battered woman syndrome’ in judicial decision-making. We provide a summary of relevant cases and consider feminist academic commentary of the cases where available, noting whether this commentary is neutral, positive or negative. Since about 2000 there has been significant law reform...

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