14 September

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R v Ward

All England Law Reports/1993/Volume 2 /R v Ward - [1993] 2 All ER 577 [1993] 2 All ER 577 R v Ward COURT OF APPEAL, CRIMINAL DIVISION GLIDEWELL, NOLAN AND STEYN LJJ 29 APRIL, 5, 6, 7, 8, 11, 12, 13, 14, 15, 18, 26, 27, 28 MAY, 4 JUNE 1992 Criminal evidence - Practice - Prosecution's duty to disclose - Duty of prosecution to disclose all relevant material - Duty to disclose scientific material adverse to prosecution case - Failure by prosecution to disclose all relevant material - Whether material irregularity in course of trial. Criminal evidence - Admissions and confessions - Reliability - Admissibility of...

08 September

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Murphy v The Queen

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in Evidence of Description

Murphy v. R (The Bahamas) [2002] UKPC 3 (22 November 2001) Privy Council Appeal No. 34 of 2001 Marvin Murphy Appellan v. The Queen Respondent FROM THE COURT OF APPEAL OF THE COMMONWEALTH OF THE BAHAMAS --------------- REASONS FOR REPORT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL OF THE 22nd November 2001, Delivered the 31st January 2002 ------------------ Present at the hearing:- Lord Slynn of Hadley Lord Mustill Lord Scott of Foscote Sir Andrew Leggatt Sir Philip Otton [Delivered by Sir Philip Otton] ------------------ At the conclusion of the hearing on Thursday, 22nd November 2001 their Lordships agreed humbly to advise Her Majesty that the appeal should be allowed, the appellant’s conviction quashed and that...

08 September

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Haines v Roberts

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in DUI

All England Law Reports/1953/Volume 1 /Haines v Roberts - [1953] 1 All ER 344 [1953] 1 All ER 344 Haines v Roberts QUEEN'S BENCH DIVISION LORD GODDARD CJ, CROOM-JOHNSON AND PEARSON JJ 26 JANUARY 1953 Street Traffic - Charge of motor vehicle while under influence of drink - "In charge" - Vehicle left in public yard - Road Traffic Act, 1930 (c 43), s 15(1). Where a person leaves a motor vehicle in a road or public place away from home, he is in charge of that vehicle until he puts it into the charge of somebody else. Quaere: whether a person remains in charge of a motor...

08 September

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Director of Public Prosecutions V. Watkins

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in DUI

ICLR: King's/Queen's Bench Division/1989/DIRECTOR OF PUBLIC PROSECUTIONS v. WATKINS - [1989] Q.B. 821 [1989] Q.B. 821 [QUEEN'S BENCH DIVISION] DIRECTOR OF PUBLIC PROSECUTIONS v. WATKINS 1989 Jan. 23, 24; March 1 Taylor L.J. and Henry J. Road Traffic - Drunk in charge of motor vehicle - "In charge" - Defendant in driving seat of vehicle not owned by him - Defendant holding bunch of keys - No evidence that key in hand suitable to start engine - Whether defendant in charge - Whether likelihood of defendant driving car - Road Traffic Act 1972 (c. 20), ss. 5, 6 (as amended by Transport Act 1981 (c. 56),...

08 September

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Defences

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in DUI

Blackstone's Criminal Practice 2018/Part C Road Traffic Offences/Section C5 Drink-Driving and Drug-Driving Offences/DRIVING, OR BEING IN CHARGE, WITH ALCOHOL CONCENTRATION ABOVE PRESCRIBED LIMIT/Defences Defences C5.49 The Statutory 'Hip-flask' Defence Section 15(3) of the RTOA 1988 (see C5.41) affords a defence to a charge under the RTA 1988, s. 5, where the defendant claims that the fact that he has alcohol in his body above the prescribed limit is attributable to consumption after the event to an extent that, but for that later consumption of alcohol, evidence from the specimen would not have resulted in an offence being made out. Once the statutory assumption...

08 September

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Regina v Blackman

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in Diminished Responsibility with Insanity

Neutral Citation Number: [2017] EWCA Crim 190 Case No: 2016/05551/B1 & 2016/05552/B1 IN THE COURT MARTIAL APPEAL COURT ON A REFERENCE BY THE CRIMINAL CASES REVIEW COMMISSION ON APPEAL FROM A COURT MARTIAL AT BULFORD (THE JUDGE ADVOCATE GENERAL) Royal Courts of JusticeStrand, London, WC2A 2LL Date: 15/03/2017Before: THE LORD CHIEF JUSTICE OF ENGLAND AND WALES THE PRESIDENT OF THE QUEEN’S BENCH DIVISION THE VICE PRESIDENT OF THE COURT OF APPEAL CRIMINAL DIVISION MR JUSTICE OPENSHAW MR JUSTICE SWEENEY - - - - - - - - - - - - - - - - - - - - - Between: Regina - and - Alexander Wayne Blackman Respondent Appellant - - - - - -...

08 September

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Robinson v The State

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in Diminished Responsibility with Insanity

Trinity Term [2015] UKPC34 Privy Council Appeal No 0038 of 2013 JUDGMENT Robinson (Appellant) v The State (Respondent) (Trinidad and Tobago) From the Court of Appeal of the Republic of Trinidad and Tobago before Lady Hale Lord Kerr Lord Clarke Lord Hughes Lord Toulson JUDGMENT GIVEN ON 20 July 2015 Heard on 16 June 2015 Appellant Respondent Paul Bowen QC ...

08 September

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Daniel v The State

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in Diminished Responsibility with Insanity

[2012] UKPC15 Privy Council Appeal No 0109 of 2009 JUDGMENT Marcus Jason Daniel (Appellant) v The State (Respondent) From the Court of Appeal of the Republic of Trinidad and Tobago before Lord Phillips Lord Clarke Lord Dyson Lord Sumption Lord Reed JUDGMENT DELIVERED BY LORD DYSON ON 23 May 2012 Heard on 8 March 2012 Appellant Respondent Julian Knowles QC Peter Knox QC Ms Michelle Butler Aidan Casey (Instructed by Simons (Instructed by Charles Muirhead & Burton Russell LLP) Solicitors) LORD DYSON: On 14 December 2005, the appellant was convicted at the Port of Spain...

03 September

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Brown v The State

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in Diminished Responsibility with Insanity

[2012] UKPC2 Privy Council Appeal No 0107 of 2010 JUDGMENT Nigel Brown (Appellant) v The State (Respondent) From the Court of Appeal of the Republic of Trinidad and Tobago before Lord Brown Lord Kerr Lord Clarke Lord Dyson Sir Declan Morgan JUDGMENT DELIVERED BY LORD KERR ON 7 FEBRUARY 2012 Heard on 20 October 2011 Appellant Respondent Julian Knowles QC Peter Knox QC Mark Summers (Instructed by Simons (Instructed by Charles Muirhead & Burton) Russell LLP) LORD KERR: On the morning of 28 October 2004, a 76 year old man called Lloyd Bailey was with his wife, Evelyn, in their home in Second...

03 September

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DANIEL M’NAGHTEN’S CASE. May 26, June 19, 1843.

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in Diminished Responsibility with Insanity

DANIEL M'NAGHTEN'S CASE. May 26, June 19, 1843. [Mews' Dig. i. 349; iv. 1112. S.C. 8 Scott N.R. 595; 1 C. and K. 130; 4 St. Tr. N.S, 847. The rules laid down in this case have been accepted in the main as an authoritative statement of the law (cf. Beg. v. Townley, 1863, 3 F. and F. 839; Beg. v. Southey, 1865, 4 F. and F. 864; Reg. v. Leigh, 1866, 4 F. and F. 919). But they have been adversely criticised both by legal and medical text writerz (see 2 Steph. Hist Crim. Law, 124-186; Mayne Ind. Crinm. Law (ed....

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