29 August

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Battered woman syndrome

in Fear

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...

29 August

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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)

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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...

26 August

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R v Horncastle

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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...

18 August

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R v Davis

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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...

18 August

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Regina v Ibrahim

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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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -...

18 August

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R v Ahluwalia

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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 —...

18 August

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Bad Character Evidence

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https://www.cps.gov.uk/legal/a_to_c/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...

18 August

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SEERATTAN v STATE

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REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL CR APP N0. 32/2013 Between PAUL VINCENT SEERATTAN Appellant And THE STATE Respondent ************************* JUDGMENT PANEL: Yorke-Soo Hon J.A. Bereaux J.A. Moosai J.A APPEARANCES: Mr. Jagdeo Singh and Mr. Criston Williams instructed by Ms. Adaphia Trancoso for the Appellant. Ms. Joan Honore´-Paul for the Respondent. DATE DELIVERED: 24th July, 2017 Delivered by: Justice A. Yorke-Soo Hon, J.A. INTRODUCTION 1.On 8th November, 2013, the appellant was convicted before Mr. Justice Mark Mohammed and a jury in the First Criminal Court San Fernando, on two counts of murder and has appealed the convictions. CASE FOR THE PROSECUTION COUNT ONE On the 22nd...

18 August

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ALEXANDER v STATE

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REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Cr. App. No 16 of 2012 Between CURTIS HERBERT ALEXANDER (also called Shabba) – Appellant and THE STATE - Respondent PANEL: Weekes, J.A. Yorke – Soo Hon, J.A. Mohammed, J.A. APPEARANCES: Ms. K. Byer for the Appellant Mrs. A. Teelucksingh-Ramoutar and Mrs. T. Hudlin-Cooper for the Respondent DATE DELIVERED: 7th July 2015 JUDGMENT Delivered by: Mohammed J.A. INTRODUCTION (1) On October 8th 2012, the Appellant was convicted of the rape of the virtual complainant (“N”) and sentenced to a term of imprisonment of twenty years with hard labour, to start from that day. THE PROSECUTION CASE (2) The Prosecution’s case was that...

18 August

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RAMBERAN v STATE

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REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Cr. App. No. 14 of 2010 BETWEEN RAMPERSAD RAMBERAN Appellant And THE STATE Respondent PANEL: Ivor Archie, C.J. Paula-Mae Weekes J.A. Alice Yorke-Soo Hon, J.A. APPEARENCES: Ms. J. Honoré-Paul for the State. Mr. Jagdeo Singh for the Appellant. DATE DELIVERED: 9th May, 2013 Delivered by: A. Yorke-Soo Hon, J.A. JUDGMENT 1.On 1stNovember 2010, the appellantwas convicted for the offences of sexual intercourse with a female under the age of fourteen. He was sentenced to seventeen years imprisonment and has appealed both the conviction and sentence. The Prosecution Case The virtual complainant, S.S., lived in Mayo with her mother, her stepfather (the appellant),...

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