|
R V Collins
''R v Collins'' 1973 QB 100 was a unanimous appeal in the Court of Appeal of England and Wales which examined the meaning of "enters as a trespasser" in the definition of burglary, where the separate legal questions of an invitation based on mistaken identity and extent of entry at the point of that beckoning or invitation to enter were in question. Collins was a 19-year-old workman with access to a ladder to a very small family he knew of after a late-night drinking. He was convicted of burglary: with intent to commit rape of an 18-year-old woman and sentenced to a term of imprisonment. This was overturned at this appeal. Facts The victim had seen her boyfriend a few hours before the relevant intercourse in question, who was blond and of a similar build to the defendant. She was somewhat inebriated when they parted and she went to bed; she slept naked that July night in her room, the location of which the defendant knew having done some work in the house. At 02:00 the d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edmund Davies, Baron Edmund-Davies
Herbert Edmund Edmund-Davies, Baron Edmund-Davies, PC (15 July 1906 – 26 December 1992) was a British judge. Early life and career Born Herbert Edmund Davies at Mountain Ash ( cy, Aberpennar), Glamorgan (now in Rhondda Cynon Taf), Wales, he was the third son of Morgan John Davies and Elizabeth Maud Edmunds. Davies was educated at Mountain Ash Grammar School, King's College London where he received a first-class LLB and an LLB in 1926 and an LLD in 1928. Following this, he completed the BCL in 1929 at Exeter College, Oxford, where he received the Vinerian Scholarship. Called to the bar at Gray's Inn in 1929, he worked as examiner and lecturer at the London School of Economics in 1930 and 1931. During the Second World War, he served in the Army Officers' Emergency Reserve and in the Royal Welch Fusiliers. He was Recorder of Merthyr Tydfil from 1942 to 1944, of Swansea from 1944 to 1953 and of Cardiff from 1953 to 1958. Between 1953 and 1964, Davies was chairman of the Den ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Stephenson (judge)
Sir John Frederick Eustace Stephenson (28 March 1910 – 1 November 1998) was an English barrister and judge, a Lord Justice of Appeal from 1971 until his retirement in 1985 and a member of the Privy Council. As a Judge of the Court of Appeal he was known as Lord Justice Stephenson. Early life The second son of Sir Guy Stephenson CB, by his marriage to Gwendolen Talbot, a daughter of John Gilbert Talbot PC MP, Stephenson was a grandson of Sir Augustus Frederick William Keppel Stephenson (1827–1904) a Treasury Solicitor and Director of Public Prosecutions. He had two sisters, Margaret Eglantine (born 1907) and Jane (1914) and three brothers, Augustus (1909), Paul (1913) and H. J. Stephenson (1921–1943). He was educated at West Downs, Winchester College and New College, Oxford, holding scholarships at both. He took a first in Honours Moderations in 1930 and another in Literae Humaniores in 1932, graduating BA in 1932.'STEPHENSON, Rt Hon. Sir John (Frederick Eustace)', in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Justice Of Appeal
A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Justice of Appeal is the second highest level of judge in the courts of England and Wales. Despite the title, and unlike the former Lords of Appeal in Ordinary (who were judges of still higher rank), they are not peers. Appointment The number of Lord Justices of Appeal was fixed at five by the Supreme Court of Judicature Act, 1881, but has since been increased. Judges of the Court of Appeal of England and Wales are selected from the ranks of senior judges, in practice High Court judges with lengthy experience, appointed by the Monarch on the recommendation of the Prime Minister. The appointment is open to all types of civilians, including ministers of state and members of parliament. Jurisdiction Applications for permission to appeal a ruli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft Act 1968
The Theft Act 1968c 60 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception. History The Theft Act 1968 resulted from the efforts of the Criminal Law Revision Committee to reform the English law of theft. The Larceny Act 1916 had codified the common law, including larceny itself, but it remained a complex web of offences. The intention of the Theft Act 1968, was to replace the existing law of larceny and other deception-related offences, by a single enactment, creating a more coherent body of principles that would allow the law to evolve to meet new situations. Provisions A number of greatly simplifiedor at least less complicatedoffences were created. Section 1 – Basic definition of "theft" This section creates the offence of theft. This definition is supplemented by sections 2 to 6. The definition of theft ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery";''Johnson v. Glick'', battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the " or of freedom from restraint of movement".''Broughton v. New York'', 37 N.Y.2d 451, 456–7 Trespass to chattel does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another gives cau ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Offences Act 2003
The Sexual Offences Act 2003 (c. 42) is an Act of the Parliament of the United Kingdom. It partly replaced the Sexual Offences Act 1956 with more specific and explicit wording. It also created several new offences such as non-consensual voyeurism, assault by penetration, causing a child to watch a sexual act, and penetration of any part of a corpse. It defines and sets legal guidelines for rape in English law. It is also the main legislation dealing with child sexual abuse. The corresponding legislation in Scotland is the Sexual Offences (Scotland) Act 2009 and in Northern Ireland the Sexual Offences (Northern Ireland) Order 2008. Major changes Part I of the Act makes many changes to the sexual crimes laws in England and Wales (and to some extent Northern Ireland), almost completely replacing the Sexual Offences Act 1956. Rape Rape has been redefined from the Sexual Offences Act 1956 (amended in 1976 and 1994) to read: A person (A) commits an offence if— (a) he intentionall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dutch Courage
Dutch courage, also known as pot-valiance or liquid courage, refers to courage gained from intoxication with alcohol. History The popular story dates the etymology of the term ''Dutch courage'' to English soldiers fighting in the Anglo-Dutch Wars (1652–1674) and perhaps as early as the Thirty Years' War (1618–1648). One version states that jenever (or Dutch gin) was used by English soldiers for its calming effects before battle, and for its purported warming properties on the body in cold weather. Another version has it that English soldiers noted the bravery-inducing effects of jenever on Dutch soldiers. Gin is a Dutch invention, and was first distilled in Holland in the 16th century. The flavouring in gin comes from juniper berries. The Dutch word for 'juniper' is 'jenever', which got Anglicised to 'ginever' and then finally to ' gin'. Gin would go on to become popular in Britain thanks to King William III of England (William of Orange, ), who was also Stadtholder ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and giving expert legal opinions. Barristers are distinguished from both solicitors and chartered legal executives, who have more direct access to clients, and may do transactional legal work. It is mainly barristers who are appointed as judges, and they are rarely hired by clients directly. In some legal systems, including those of Scotland, South Africa, Scandinavia, Pakistan, India, Bangladesh, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man, the word ''barrister'' is also regarded as an honorific title. In a few jurisdictions, barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of a solicitor, and increasingly - chartered legal executives, who perform tasks such ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1972 In British Law
Year 197 ( CXCVII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Magius and Rufinus (or, less frequently, year 950 '' Ab urbe condita''). The denomination 197 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * February 19 – Battle of Lugdunum: Emperor Septimius Severus defeats the self-proclaimed emperor Clodius Albinus at Lugdunum (modern Lyon). Albinus commits suicide; legionaries sack the town. * Septimius Severus returns to Rome and has about 30 of Albinus's supporters in the Senate executed. After his victory he declares himself the adopted son of the late Marcus Aurelius. * Septimius Severus forms new naval units, manning all the triremes in Italy with heavily armed troops for war in the East. His soldiers embark ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
