The serving prisoner said that new general restrictions on smoking in public buildings applied also in prisons. were a breach of his human rights. The only spaces where prisoners were allowed now to smoke were their cells, and he would share cells with smokers, suffering second hand inhalation. He suffered health problems. Judges: Singh J … Continue reading Black, Regina (on The Application of) v Secretary of State for Justice: Admn 5 Mar 2015
The defendants appealed their respective convictions for murder, saying that they had been provoked, and that their judges had wrongly directed their juries as to what amounted to qualifying trigger under the 2009 Act, which had replaced the former provocation defence. Held: Each appeal was rejected. To raise the defence, the defendant had to establish … Continue reading Dawes and Others v Regina: CACD 26 Mar 2013
The patient had died while detained in a mental hospital. Held There was no need to conduct an immediate independent investigation before the inquest. Judges: Aikens LJ, Mitting J Citations: [2013] EWHC 3055 (Admin), [2015] 1 WLR 4459, [2013] Med LR 536, [2013] WLR(D) 379, (2014) 135 BMLR 89 Links: Bailii, WLRD Statutes: Coroners and … Continue reading Antoniou, Regina (on The Application of) v Central and North West London NHS Foundation Trust and Others: Admn 10 Oct 2013
Whether the circumstances surrounding the death of Jacqueline Maguire (known as Jackie) required the coroner to allow the jury at her inquest to return an expanded conclusion in accordance with section 5(2) of the Coroners and Justice Act 2009 Judges: The Rt Hon the Lord Burnett of Maldon Lord Chief Justice of England and Wales … Continue reading Maguire, Regina (on The Application of) v United Respons and Others: CA 10 Jun 2020
The claimant whose daughter, suffering Down’s Syndrome, had died while in intensive care in hospital, challenged the rejection of her argument that her daughter had been in ‘state detention’ at the time. Gross LJ, Charles J [2015] EWHC 2990 (Admin), (2016) 180 JP 85, [2016] 1 WLR 2385, [2015] WLR(D) 442, [2016] COPLR 119, [2015] … Continue reading LF, Regina (on The Application of) v HM Senior Coroner for Inner South London and Another: Admn 29 Oct 2015
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law … Continue reading Engel And Others v The Netherlands (1): ECHR 8 Jun 1976
The Court was asked whether the respondents should be required to hold a public inquiry into a controversial series of events in 1948, when a Scots Guards patrol was alleged to shot and killed 24 unarmed civilians in a village called Batang Kali, in . .
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The defendant appealed against his convictions for murder and possession of an offensive weapon, saying that the judge had wrongly rejected his submission that there was no case to answer. Judges: Leveson, LJ, Davis, Lloyd Jones JJ Citations: [2011] EWCA Crim 2 Links: Bailii Statutes: Coroners and Justice Act 2009 54 55 Jurisdiction: England and … Continue reading Goring v Regina: CACD 13 Jan 2011
Defendants appealed from convictions for murder saying that the judge had wrongly deprived them of partial defences under the 2009 Act by disalllowing their mental disorders as relevent to the assessment of ‘the circumstances of the defendant’ Judges: Hallett VP CACD, Spencer,Lavender JJ Citations: [2017] EWCA Crim 2061 Links: Bailii Statutes: Coroners and Justice Act … Continue reading Rejmanski, Regina v: CACD 19 Dec 2017
Two defendants appealed from convictions for murder saying that the offences had arisen from a loss of self control in situations where wives partners had committed adultery. The Lord Chief Justice of England and Wales, Henriques , Gloster DBE [2012] EWCA Crim 2, [2012] 3 WLR 515, [2013] QB 1, [2012] Crim LR 539, [2012] … Continue reading Clinton, Regina v: CACD 17 Jan 2012
partial defence of loss of self-control Lord Thomas of Cwmgiedd CJ, Coulson, Gilbart JJ [2015] EWCA Crim 178, [2015] WLR(D) 80, [2015] 1 WLR 3442 Bailii, WLRD Coroners and Justice Act 2009 54 55 England and Wales Crime Updated: 20 November 2021; Ref: scu.543521
The defendant appealed against his conviction for the murder of his partner. He said that the court should have accepted his plea under section 54 of the 2009 Act, having wrongly admitted as evidence his previous covictions in Bulgaria at a time when, he said, people of his racial descent were regularly wrongly convicted. Pitchford … Continue reading Mehmedov v Regina: CACD 18 Jul 2014
Qualifying loss of self control The defendant appealed from his conviction for murder saying that, being attacked with a hammer by the now deceased, he had taken it and hit the victim with it, having lost his self control. He said that the court had not allowed that he had brought sufficient evidence of that … Continue reading Goodwin, Regina v: CACD 5 Oct 2018
The defendant, then 22 had a history of disturbed childhood, sexual abuse and outpatient mental health treatment together with one instance when he was sectioned following a suicide attempt. On the undisputed psychiatric evidence he suffered from a schizotypal disorder as well as an emotionally unstable personality disorder. He was obsessed with witchcraft and Satanist … Continue reading Brennan v Regina: CACD 21 Nov 2014
The defendant appealed against his conviction for murder, saying that he should have been allowed to rely on a plea of diminished responsibility given the changes to section 2 of the 1957 Act introduced in 2009. He said that his alcoholism should have been treated as explaining his loss of self control and amounting to … Continue reading Dowds v Regina: CACzD 22 Feb 2012
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
Proper Investigation of Deaths with Army or Police Claims were made as regards deaths of alleged terrorists in clashes with the UK armed forces and police. In some cases the investigations necessary to justify the taking of life had been inadequate. Statements made to the inquiry as to the circumstances of the deaths had not … Continue reading Jordan v United Kingdom; McKerr v United Kingdom; similar: ECHR 4 May 2001
The defendant appealed against his conviction for murder, saying that he should have been allowed to rely on a plea of dimished responsibillity given the changes to section 2 of the 1957 Act introduced in 2009. He said that his alcoholism should . .
