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Haughton V. Smith
''Haughton v Smith'' was a judicial case in which the House of Lords ruled that it was impossible to commit the crime of handling stolen goods where the goods were not stolen; nor could an offence of attempting to handle them be committed in such circumstances. The latter part of the ruling was partially overturned by the Criminal Attempts Act 1981. Judgement Viscount Dilhorne's statement about the impossibility of crimes still often quoted after a 1981 as regards barring the full-offence charge for completed alleged offences (for which full mens rea can be shown) but where the subject matter did not in the event amount to something prohibited: This case was partially overturned as it would relate to inchoate (incomplete) offences, which can be prosecuted by the Criminal Attempts Act 1981 The Criminal Attempts Act 1981 (c 47) is an Act of the Parliament of the United Kingdom. It applies to England and Wales and creates criminal offences pertaining to attempting to commit c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Widgery
John Passmore Widgery, Baron Widgery, (24 July 1911 – 26 July 1981) was an English judge who served as Lord Chief Justice of England and Wales from 1971 to 1980. He is principally noted for presiding over the Widgery Tribunal on the events of Bloody Sunday. Early career and war service Widgery came from a North Devon family which had been living in South Molton for many generations. His father, Samuel Widgery (died 1940), was a house furnisher; his mother Bertha Elizabeth, née Passmore, was Samuel's second wife, and served as a magistrate. An ancestor had been a gaoler. Widgery attended Queen's College, Taunton, where he became head prefect. He was admitted as a solicitor in 1933 after serving as an articled clerk, but instead of going into practice, he joined Gibson and Welldon, a well-known firm of law tutors. He was an effective lecturer in the years leading up to World War II while he was also commissioned into the Royal Engineers ( Territorial Army) in 1938, havin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Attempts Act 1981
The Criminal Attempts Act 1981 (c 47) is an Act of the Parliament of the United Kingdom. It applies to England and Wales and creates criminal offences pertaining to attempting to commit crimes. It abolished the common law offence of attempt. Provisions Attempting to commit an offence Section 1(1) of the Act creates the offence of ''attempt'': Section 1 applies to any indictable offence triable in England and Wales, except conspiracy, aiding and abetting, and offences under sections 4 and 5 of the Criminal Law Act 1967 (which deal with assisting offenders and concealing information about crimes). Section 1(2) reads: Section 1(3) states that a person is to be judged according to what the defendant thought the facts of the case were at the time of the attempt, rather than what the facts really were, in the event that the defendant was mistaken about what was happening. Section 2 states that rules regarding time limits for prosecuting, powers of arrest and search, and so on, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1975 In England
It was also declared the ''International Women's Year'' by the United Nations and the European Architectural Heritage Year by the Council of Europe. Events January * January 1 - Watergate scandal (United States): John N. Mitchell, H. R. Haldeman and John Ehrlichman are found guilty of the Watergate cover-up. * January 2 ** The Federal Rules of Evidence are approved by the United States Congress. ** Bangladesh revolutionary leader Siraj Sikder is killed by police while in custody. ** A bomb blast at Samastipur, Bihar, India, fatally wounds Lalit Narayan Mishra, Minister of Railways. * January 5 – Tasman Bridge disaster: The Tasman Bridge in Hobart, Tasmania, Australia, is struck by the bulk ore carrier , killing 12 people. * January 7 – OPEC agrees to raise crude oil prices by 10%. * January 10–February 9 – The flight of ''Soyuz 17'' with the crew of Georgy Grechko and Aleksei Gubarev aboard the ''Salyut 4'' space station. * January 15 – Alvor Agreement: Portugal an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Impossibility Defense
An impossibility defense is a criminal defense occasionally used when a defendant is accused of a criminal attempt that failed only because the crime was factually or legally impossible to commit. Factual impossibility is rarely an adequate defense at common law. This is not to be confused with a 'mistake of fact' defence, which may be a defence to a specific intent crime like larceny. Factual impossibility An impossibility occurs when, at the time of the attempt, the facts make the intended crime impossible to commit although the defendant is unaware of this when the attempt is made. In '' People v. Lee Kong'', 95 Cal. 666, 30 P. 800 (1892), the defendant was found guilty for attempted murder for shooting at a hole in the roof, believing his victim to be there, and indeed, where his victim had been only moments before but was not at the time of the shooting. Another case involving the defense of factual impossibility is '' Commonwealth v. Johnson'', in which a psychic he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal Legal liability, liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not Culpability, culpable unless the mind is guilty". As a general rule, someone who acted without mental Fault (law), fault is not liable in criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ....". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material eleme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reginald Manningham-Buller, 1st Viscount Dilhorne
Reginald Edward Manningham-Buller, 1st Viscount Dilhorne, (1 August 1905 – 7 September 1980), known as Sir Reginald Manningham-Buller, Bt, from 1954 to 1962 and as The Lord Dilhorne from 1962 to 1964, was an English lawyer and Conservative politician. He served as Lord Chancellor from 1962 to 1964. Background and education Born in Amersham, Buckinghamshire, Manningham-Buller was the only son of Sir Mervyn Manningham-Buller, 3rd Baronet, grandson of Sir Edward Manningham-Buller, 1st Baronet, of Dilhorne Hall, Staffordshire, a junior member of the Yarde-Buller family headed by Baron Churston. His mother was the Hon. Lilah Constance, Lady Manningham-Buller , daughter of Charles Cavendish, 3rd Baron Chesham and granddaughter of Hugh Grosvenor, 1st Duke of Westminster. His uncle's seat of Dilhorne Hall having passed to an heiress ineligible for the baronetcy, Manningham-Buller grew up in Northamptonshire. (Although now pronounced "Dill-horn" by locals, he preferred the older pron ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Handling Stolen Goods
Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individual may be charged with a crime, depending on the value of the stolen goods, and the goods are returned to the original owner. If the individual did not know the goods were stolen, then the goods are returned to the owner and the individual is not prosecuted. However, it can be difficult to prove or disprove a suspect's knowledge that the goods were stolen. Nature of offence by country Canada The Criminal Code specifies three offences: :* Possession of property obtained by crime (s. 354) :* Trafficking in property obtained by crime (ss. 355.2)''Criminal Code'', ss. 35 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James LJ
{{disambiguation, tndis ...
Lord Justice James may refer to: *William Milbourne James (judge) *Arthur James (judge) See also *Justice James (other) Justice James may refer to: * Amaziah B. James (1812–1883), judge of the New York Court of Appeals * Arthur James (judge) (1916–1976), Lord Justice of Appeal of Britain * Charles Pinckney James (1818–1899), associate justice of the Supreme Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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