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Murder In English Law
Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to cause either death or serious injury unlawfully. The element of intentionality was originally termed malice aforethought, although it required neither malice nor premeditation. Baker (''Glanville Williams Textbook of Criminal Law''; London: Sweet & Maxwell, 2015), chapter 14 states that many killings done with a high degree of subjective recklessness were treated as murder from the 12th century right through until the 1974 decision in ''DPP v Hyam''. Because murder is generally defined in law as an intent to cause serious harm or injury (alone or with others), combined with a death arising from that intention, there are certain circumstances where a death will be treated as murder even if the defendant did not wish to kill the actual victim. This is called " transferred malice", and arises in two common cases ... [...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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homicide Act 1957
The Homicide Act 1957 (5 & 6 Eliz.2 c.11) is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice (except in limited circumstances), reforming the partial defence of provocation, and by introducing the partial defences of diminished responsibility and suicide pact. It restricted the use of the death penalty for murder. Similar provisions to Part I of this Act was enacted for Northern Ireland by Part II of the Criminal Justice Act (Northern Ireland) 1966. History The Act was introduced following the Royal Commission on Capital Punishment 1949–53, and embodied some of its recommendations but differed from the main recommendation which was that "it is impracticable to find a satisfactory method of limiting the scope of capital punishment by dividing murder into degrees". During and after the royal commission there had been several controversial cas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Hope, Baron Hope Of Craighead
James Arthur David Hope, Baron Hope of Craighead, (born 27 June 1938) is a retired Scottish judge who served as the first Deputy President of the Supreme Court of the United Kingdom from 2009 until his retirement in 2013, having previously been the Second Senior Lord of Appeal in Ordinary. He served as Convenor of the Crossbench peers in the House of Lords from 2015 to 2019. Early life A descendant of Charles Hope, Lord Granton, Lord President of the Court of Session from 1811 to 1841 through his third son, David Hope was born on 27 June 1938 to Edinburgh lawyer Arthur Henry Cecil Hope, OBE, WS and Muriel Ann Neilson Hope (''née'' Collie), and educated at Edinburgh Academy and Rugby School. He completed National Service as an officer with the Seaforth Highlanders, between 1957 and 1959, where he reached the rank lieutenant. In 1959 he commenced his studies as an Open Scholar at St John's College, Cambridge where he read Classics. He graduated with a B.A. degree in 1962 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manslaughter In English Law
In the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the ''mens rea'' (Latin for "guilty mind") or by reason of a partial defence. In England and Wales, a common practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option (see alternative verdict). The jury then decides whether the defendant is guilty or not guilty of either murder or manslaughter. On conviction for manslaughter, sentencing is at the judge's discretion, whereas a sentence of life imprisonment is mandatory on conviction for murder. Manslaughter may be either ''voluntary'' or ''involuntary'', depending on whether the accused has the required ''mens rea'' for murder. Voluntary manslaughter ''Voluntary manslaughter'' occurs when the defendant kills with ''mens rea'' (an intention to kill or cause grievous bodily harm), but one of those partial defences which reduce murder to mansla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Born Alive Rule
The born alive rule is a common law legal principle that holds that various criminal laws, such as homicide and assault, apply only to a child that is " born alive". U.S. courts have overturned this rule, citing recent advances in science and medicine, and in several states feticide statutes have been explicitly framed or amended to include fetuses in utero. Abortion in Canada is still governed by the born alive rule, as courts continue to hold to its foundational principles. In 1996, the Law Lords confirmed that the rule applied in English law but that alternative charges existed in lieu, such as a charge of unlawful or negligent manslaughter instead of murder.''Attorney General's Reference No 3 of 1994'' History The born alive rule was originally a principle at common law in England that was carried to the United States and other former colonies of the British Empire. First formulated by William Staunford, it was later set down by Edward Coke in his Institutes of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Mustill
Michael John Mustill, Baron Mustill, PC, FBA (10 May 1931 – 24 April 2015) was an English barrister and judge. He was a Lord of Appeal in Ordinary from 1992 to 1997. Life and career The son of Clement William and Marion Mustill, he was educated at Oundle School and St John's College, Cambridge, where he graduated with a Doctor of Laws in 1992. He served in the Royal Artillery from 1949 to 1951, was called to the Bar, Gray's Inn in 1955, became a Queen's Counsel in 1968 and a Bencher in 1976. Mustill was Deputy Chairman of the Hampshire Quarter Sessions in 1971. He was made Chairman of the Civil Service Appeal Tribunal in 1971 and Recorder of the Crown Court in 1972, holding both posts until 1978, when he was knighted. Mustill was a judge of the High Court, Queen's Bench Division from 1978 to 1985 and Presiding Judge, North Eastern Circuit from 1981 to 1984. From 1985 he was Chairman of the Judicial Studies Board until 1989, Chairman of the Departmental Committee on Law of ... [...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 Impeachment in the United Kingdom, 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 b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mother
] A mother is the female parent of a child. A woman may be considered a mother by virtue of having given birth, by raising a child who may or may not be her biological offspring, or by supplying her ovum for fertilisation in the case of gestational surrogacy. An adoptive mother is a female who has become the child's parent through the legal process of adoption. A biological mother is the female genetic contributor to the creation of the infant, through sexual intercourse or egg donation. A biological mother may have legal obligations to a child not raised by her, such as an obligation of monetary support. A putative mother is a female whose biological relationship to a child is alleged but has not been established. A stepmother is a woman who is married to a child's father and they may form a family unit, but who generally does not have the legal rights and responsibilities of a parent in relation to the child. A father is the male counterpart of a mother. Women who are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Umbilical Cord
In placental mammals, the umbilical cord (also called the navel string, birth cord or ''funiculus umbilicalis'') is a conduit between the developing embryo or fetus and the placenta. During prenatal development, the umbilical cord is physiologically and genetically part of the fetus and (in humans) normally contains two arteries (the umbilical arteries) and one vein (the umbilical vein), buried within Wharton's jelly. The umbilical vein supplies the fetus with oxygenated, nutrient-rich blood from the placenta. Conversely, the fetal heart pumps low-oxygen, nutrient-depleted blood through the umbilical arteries back to the placenta. Structure and development The umbilical cord develops from and contains remnants of the yolk sac and allantois. It forms by the fifth week of development, replacing the yolk sac as the source of nutrients for the embryo. The cord is not directly connected to the mother's circulatory system, but instead joins the placenta, which transfers materi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Death
Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain death is sometimes used as a legal definition of death. The remains of a former organism normally begin to decompose shortly after death. Death is an inevitable process that eventually occurs in almost all organisms. Death is generally applied to whole organisms; the similar process seen in individual components of an organism, such as cells or tissues, is necrosis. Something that is not considered an organism, such as a virus, can be physically destroyed but is not said to die. As of the early 21st century, over 150,000 humans die each day, with ageing being by far the most common cause of death. Many cultures and religions have the idea of an afterlife, and also may hold the idea of judgement of good and bad deeds in one's life ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Smith (Thomas Joseph)
''R. v. Smith (Thomas Joseph)'' 9592 QB 35, 959A.C. is an English criminal law case, dealing with causation and homicide. The court ruled that negligence of medical staff, nor being dropped on the way from a stretcher twice, does not break the chain of causation in murder cases. Facts A soldier intentionally stabbed a comrade, C, in the chest. On the way to the medical centre C had been dropped twice by comrades carrying him and on arrival the doctor failed to notice that one of C’s lungs had been pierced causing haemorrhage and the treatment provided was, as it later turned out, inappropriate and harmful. Had he had appropriate treatment he might not have died. Jury instruction and jury decision Lord Parker CJ delivering the judgment of the Courts-Martial Appeal Court said, at p. 48: “If at the time of death the original wound is still an operating cause and a substantial cause, then the death can properly be said to be the result of the wound, albeit that some othe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Jordan
''R v Jordan'' (1956) 40 Cr App R 152 was an English criminal law case that has been distinguished by two later key cases of equal precedent rank for its ruling that some situations of medical negligence following a wounding are those of breaking the chain of causation (across much of Europe termed a ''novus actus interveniens''), capable of absolving a person who has inflicted bodily harm of guilt for an offence of the severity resulting from a consequent decline in bodily condition, in particular, homicide. The facts were ones whereby a wound was should to be almost certain, with no treatment, to heal itself. The medical attempt to facilitate recovery from the wound resulted in a non-prosecutable death as it was shown to have been negligent and principally an antibiotic error though far from unknown and well-intentioned. The appropriate charge(s) would be ones relating to wounding or disorder of the defendant, rather than homicide which could not have been said to have been ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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