08 September

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Defences

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....

02 September

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WONG KAM-MING v THE QUEEN

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in Inadmissible Documents

Weekly Law Reports (ICLR)/1979/Volume 2 /WONG KAM-MING APPELLANT AND THE QUEEN RESPONDENT - [1979] 2 WLR 81 [1979] 2 WLR 81 WONG KAM-MING APPELLANT AND THE QUEEN RESPONDENT [PRIVY COUNCIL] [APPEAL FROM THE COURT OF APPEAL OF HONG KONG] 1978 Oct. 17, 18, 19;Dec. 20 Lord Diplock, Lord Hailsham of St. Marylebone, Lord Salmon, Lord Edmund-Davies and Lord Keith of Kinkel Crime -- Evidence -- Confession -- Admissibility -- Voir dire -- Defendant cross-examined as to truth of statement and admitting participation in offence -- Whether cross-examination proper -- Statement ruled inadmissible -- Crown adducing evidence of and cross-examining, on defendant's admissions in voir dire -- Whether...

02 September

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REGINA v. RICE AND OTHERS

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in Inadmissible Documents

ICLR: King's/Queen's Bench Division/1963/Volume 1/REGINA v. RICE AND OTHERS. - [1963] 1 Q.B. 857 [1963] 1 Q.B. 857 [COURT OF CRIMINAL APPEAL] REGINA v. RICE AND OTHERS. 1962 Nov. 26, 27, 28. Ashworth, Salmon and Winn JJ. 1963 Jan. 29. Crime - Evidence - Confession - Co-defendant, by - Statement by one defendant implicating other co-defendants - Prosecution's omission to prove statement - Statement not produced by maker - Maker cross-examined by co-defendant - Whether prosecution may cross-examine maker on contents of statement - Whether prosecution may reveal making of statement by cross-examination of maker or co-defendant. Evidence - Documentary - Airline ticket - Used ticket bearing names...

02 September

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R v Thomas Michael Treacy

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in Inadmissible Documents

All England Law Reports/1944/Volume 2 /R v Thomas Michael Treacy - [1944] 2 All ER 229 [1944] 2 All ER 229 R v Thomas Michael Treacy COURT OF CRIMINAL APPEAL VISCOUNT CALDECOTE LCJ, HUMPHREYS AND ASQUITH JJ 11 JULY 1944 Criminal Law - Evidence - Cross-examination - Murder - Evidence of forgery to show motive introduced in cross-examination - Cross-examination to inadmissible statement by accused. The appellant was charged with the murder of Kathleen Cornish. At the trial counsel for the prosecution put in evidence the following statement, made by the prisoner when in a state of serious ill health to a police officer, as to the...

02 September

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Regina v Phillips

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in Criminal Procedure

[2007] EWCA Crim 1042 1 [2007] EWCA Crim 1042 No: 200602848 D1 IN THE COURT OF APPEAL CRIMINAL DIVISION Royal Courts of Justice Strand London, WC2 Thursday, 26th April 2007 Before Lord Justice Moore-Bick Mr Justice David Clarke Mrs Justice Swift DBE Regina v Alan Phillips Computer-Aided Transcript of the Stenograph Notes of WordWave International Limited A Merrill Communications Company 190 Fleet Street London EC4A 2AG Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court) MR A ABELL appeared on behalf of the APPELLANT MR B CONLON appeared on behalf of the CROWN JUDGMENT (As approved by the Court) MR JUSTICE DAVID CLARKE: On 12th May 2006, in the Crown Court at Inner London before Mr Recorder...

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