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R. V. Smith
There are a number of court cases by the name of ''R. v. Smith'': United Kingdom * ''R v Smith (George Joseph)'' (1915) 11 Cr App R 229, (1915) 25 Cox 271, (1915) 31 TLR 617, CCA (the "brides in the bath" case) * ''R v Smith (Thomas Joseph)'', 9592 QB 35, 43 Cr App R 121, 9592 WLR 623, 9592 All ER 193, CCA: chain of causation, homicide * ''R v Smith'' (1988) 10 Cr App R (S) 434 Canada * ''R v Smith'' (1987), 1 S.C.R. 1045: cruel and unusual punishment * ''R v Smith'' (1992), 9922 S.C.R. 915: hearsay South Africa * ''R v Smith'' (1900): 17 SC 561 obedience to orders See also *Lists of case law Lists of case law cover instances of case law, legal decisions in which the law was analyzed to resolve ambiguities for deciding current cases. They are organized alphabetically, by topic or by country. Alphabetical lists These lists are pan-j ...
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Court Cases
Lists of case law cover instances of case law, legal decisions in which the law was analyzed to resolve ambiguities for deciding current cases. They are organized alphabetically, by topic or by country. Alphabetical lists These lists are pan-jurisdictional. * R v Lawrence *R. v. Smith By topic * List of cases involving Lord Denning * List of class-action lawsuits * List of copyright case law * List of environmental lawsuits * List of gender equality lawsuits * List of patent case law * List of trademark case law By country Australia * List of Federal Court of Australia cases * List of High Court of Australia cases * List of Tasmanian Supreme Court cases * List of Victorian Supreme Court cases Bosnia and Herzegovina *List of decisions of the Constitutional Court of Bosnia and Herzegovina Canada * List of Supreme Court of Canada cases Commonwealth * List of Judicial Committee of the Privy Council cases International * List of International Court of Justice cases Unit ...
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Court Of Criminal Appeal (England And Wales)
The Court of Criminal Appeal was an English appellate court for criminal cases established by the Criminal Appeal Act 1907. It superseded the Court for Crown Cases Reserved to which referral had been solely discretionary and which could only consider points of law. Throughout the nineteenth century, there had been opposition from lawyers, judges and the Home Office against such an appeal court with collateral right of appeal. However, disquiet over the convictions of Adolf Beck and George Edalji led to the concession of a new court that could hear matters of law, fact or mixed law and fact. Though the court was staffed with the judges who had shown such hostility (consisting of the Lord Chief Justice and eight judges of the Queen's Bench Division of the High Court), it had a restraining effect on the excesses of prosecutors. During the period 1909–1912, there was an average of 450 annual applications for leave to appeal of which an average of 170 were granted. Of that 170, co ...
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Brides In The Bath
George Joseph Smith (11 January 1872 – 13 August 1915) was an English serial killer and bigamist who was convicted and subsequently hanged for the murders of three women in 1915, the case becoming known as the Brides in the Bath Murders. As well as being widely reported in the media, the case was significant in the history of forensic pathology and detection. It was also one of the first cases in which similarities between connected crimes were used to prove deliberation, a technique used in subsequent prosecutions. Early life and marriages The son of an insurance agent, George Joseph Smith was born in Bethnal Green, London. He was sent to a reformatory at Gravesend, Kent, at age 9 and later served time for swindling and theft. In 1896, Smith was imprisoned for twelve months for persuading a woman to steal from her employers. He used the proceeds to open a baker's shop in Leicester. In 1898, under the alias George Oliver Love, Smith married Caroline Beatrice Thornhill in Le ...
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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 ...
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R V Smith (1988)
Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence. Australia Anything interfering with the health or comfort of victim which is more than merely transient or trifling has been held by Australian courts to be "actual bodily harm". Australian Capital Territory The offence is created by section 24(1) of the Crimes Act 1900. New South Wales The offence is created by section 59(1) of the Crimes Act 1900 (a different statute of the same name). South Australia Assault occasioning actual bodily harm was formerly an offence under section 40 of the Criminal Law Consolidation Act 1935, but has been abolished and replaced with a similar offence (see below). H ...
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R V Smith (1987)
''R v Smith'', 9871 S.C.R. 1045 is a leading Supreme Court of Canada decision. The Court struck down a mandatory seven-year sentence requirement for the importation of drugs as a violation of the right against cruel and unusual punishment contrary to section 12 of the ''Canadian Charter of Rights and Freedoms''. Background Edward Smith, a twenty-seven-year-old man with multiple convictions for drug-related offences, was arriving back in Canada from Bolivia. At customs he was searched and the officers found over seven ounces of cocaine. He was convicted of importing drugs under the Narcotics Control Act and sentenced to eight years. The Act had required a minimum sentence of seven years regardless of the amount found. The provision was challenged on the basis that it violated the ''Charter''. The issue before the Supreme Court of Canada was whether the mandatory minimum sentence of seven years under section 5(2) of the Narcotics Control Act infringe section 7, 9, and 12 of t ...
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R V Smith (1992)
''R v Smith'', 9922 SCR 915 is a leading decision on hearsay by the Supreme Court of Canada. This decision, along with '' R v Khan'' (1990), began what is called the "hearsay revolution", supplementing the traditional categorical approach to hearsay exceptions with a new "principled approach" based on reliability and necessity of testimony. Background Arthur Larry Smith was accused of killing Aritha Monalisa King. It was believed they had both traveled from Detroit to London, Ontario. While in Canada, Smith had asked King to smuggle drugs back for him. She refused and was killed by Smith. At trial, King's mother testified she received four phone calls from her daughter the night of her death. The last call came from near where her body was found. King had told her mother she would be home very soon. The issue before the Supreme Court was whether the statements could be admissible as evidence. The trial judge admitted the evidence and Smith was convicted. On appeal, the Court of App ...
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R V Smith (1900)
''R v Smith'' is a case decided by the Special Court created by the Indemnity and Special Tribunals Act, 1900 (No 6), sitting in the buildingsR v Smith (190017SC 561; (1900) 10 CT773/ref> of the Supreme Court of the Colony of the Cape of Good Hope. It relates to whether superior orders are an excuseH L Stephen, "Superior Orders as Excuse for Homicide", (190117Law Quarterly Review 87 or justification.R v Smith (1900) 10 CTR 773 It has been called a leading case. According to the Cape Times Law Reports, the ratio decidendi of this case is as follows: The orders of a superior officer so long as they are neither obviously and decidedly illegal nor opposed to the well-established customs of the Army, must be completely and unhesitatingly obeyed by a soldier subordinate to such officer. But if such commands are obviously illegal, the inferior will be justified in questioning or even refusing to execute them. An officer or soldier acting under orders from his superior which are not n ...
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