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R v Thornton (No 2)

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...

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Ramjattan v The State

      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...

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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...

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Battered woman syndrome

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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    COURT IN THE FULL COURT OF THE SUPREME COURT OF SOUTH AUSTRALIA COURT OF CRIMINAL APPEAL KING CJ(1), LEGOE(2) AND BOLLEN(3) JJ   CWDS Criminal Law - False Imprisonment and Causing Grievous Bodily Harm with intent - violence inflicted on victim by male associate of the two appellant women - defence denying that they were parties to purpose of inflicting violence - alternative defence of duress - verdicts of guilty not unsafe or unsatisfactory on evidence admitted. Evidence - two women charged with false imprisonment and causing grievous bodily harm with intent - defence of duress - expert evidence of "battered woman syndrome" held inadmissible...

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R v Horncastle

Michaelmas Term [2009] UKSC 14 On appeal from: [2009] EWCA Crim 964 JUDGMENT R v Horncastle and others (Appellants) (on appeal from the Court of Appeal Criminal Division)   before  Lord Phillips, President Lady Hale Lord Brown Lord Mance Lord Neuberger Lord Kerr  Lord Judge   JUDGMENT GIVEN ON 9 December 2009   Heard on 7, 8 and 9 July 2009   Appellants (Horncastle         Appellants (Marquis and         Respondent and Blackmore)   Graham) Tim Owen QC      Shaun Smith QC         David Perry QC  John Gibson            James Beck     Louis Mably Janet Reaney (Instructed by The                       (Instructed by...

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R v Davis

HOUSE OF LORDS   SESSION 2007–08 [2008] UKHL 36                     on appeal from: [2006] EWCA Crim 1155   OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE R v Davis (Appellant) (On appeal from the Court of Appeal (Criminal Division))   Appellate Committee Lord Bingham of Cornhill Lord Rodger of Earlsferry Lord Carswell Lord Brown of Eaton-under-Heywood Lord Mance Counsel Appellants: Respondents: Malcolm Swift QC David Perry QC Susan Rodham Simon Ray (Susan Rodham) (Instructed by  Crown Prosecution Service)   Hearing date: 7 AND 8 APRIL 2008 ON WEDNESDAY 18 JUNE 2008   HOUSE OF LORDS OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE R v Davies (Appellant) (On appeal from the Court of Appeal (Criminal...

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Regina v Ibrahim

Case No: 201000292 C1 Neutral Citation Number: [2012] EWCA Crim 837 IN THE COURT OF APPEAL (CRIMINAL DIVISION) ON APPEAL FROM BIRMINGHAM CROWN COURT His Honour Judge Cavell T20067312 Royal Courts of Justice Strand, London, WC2A 2LL Date: 27/04/2012 Before : LORD JUSTICE AIKENS MR JUSTICE FIELD and HIS HONOUR JUDGE NICHOLAS COOKE QC - - - - - - - - - - - - - - - - - - - - Between : Regina Respondent   - and -     Ibrahim Appellant - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -...

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R v Ahluwalia

CA        Linotype- Hell Finance Ltd v Baker (Staughton LJ) have some security. Accordingly, I grant a stay of execution in respect of the a monetary claim for I can see no ground for granting a stay of execution in respect of the claim for delivery up of the equipment. It is not the property of the defendant, and he has no right or title to it. In that respect the application is refused. Application dismissed. b Dilys Tausz Barrister. R v Ahluwalia COURT OF APPEAL, CRIMINAL DIVISION LORD TAYLOR OF GOSFORTH CJ, SWINTON THOMAS AND JUDGE JJ 20, 21, 31 JULY 1992 Criminal law — Murder —...

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Bad Character Evidence Bad Character Evidence Law ◦  Definitions ◦  Exclusions Bad Character of Defendants ◦  Admissibility ◦  Exclusion of Bad Character evidence ◦  Power of Court to discharge Bad Character of Non-Defendants    Policy ◦  Prosecution Policy: Defendants ◦  Prosecution Policy: Non-Defendants Procedure ◦  Charging ◦  Case preparation ◦  Proving Convictions and other reprehensible conduct ▪   Convictions ▪   Cautions ▪Penalty Notices for Disorder (PND) ▪   CRIS Reports ▪   Acquittals ◦  Defendants: convictions and reprehensible conduct ◦  Non-Defendants: Convictions and reprehensible conduct ◦  Seven Gateways of Admissibility ▪   Agreement of the parties section 101(1)(a) ▪   Waiver by the defendant section 101(1)(b) ▪   Important explanatory evidence section 101(1)(c) ▪Relevant to an important matter in issue between the defendant and the prosecution section 101(1)(d) ▪   Propensity to commit...

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