The Criminal Appeal Reports, Volume 14Sweet & Maxwell, 1920 - Criminal law |
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23 February A. T. LAWRENCE accused alleged Appeal against conviction Appeal against sentence appellant was convicted appellant's ARTHUR BEARD Assizes Binstead Borstal Borstal institution Central Criminal Court character committed Conviction quashed corroboration Court of Criminal Cox C. C. crime Criminal Appeal Act Criminal Evidence Act cross-examination Crown defence of drunkenness directed the jury drunk EARL OF READING Evelyn Ruggles-Brise excuse fact felony girl give evidence grievous bodily harm guilty habitual criminal hard labour HENRY PERRY homicide imprisonment with hard indictment insanity JUSTICE AVORY JUSTICE SANKEY kill larceny learned judge leave to appeal LORD CHIEF JUSTICE manslaughter March Meade misdirection murder November offence opinion penal servitude police present preventive detention previous conviction prisoner prosecution prosecutor proved question rape Reading L.C.J. Avory regard sentence of preventive Sentence reduced sentenced to three shew Sir Richard Muir Solicitors stolen sub-s submitted summing tion trial witness wrong
Popular passages
Page 153 - If the cause or matter requires any prolonged examination of documents or any scientific or local investigation which cannot in the opinion of the Court or a judge conveniently be made before a jury or conducted by the Court through its other ordinary officers ; or (c) If the question in dispute consists wholly or in part of matters of account...
Page 178 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity, are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him; for the law presumeth the fact to have been founded in malice, until the contrary appeareth.
Page 54 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of...
Page 87 - ... he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution...
Page 171 - It is my duty to tell you," he said, " that the prisoner being intoxicated does not alter the nature of the offence. If a man chooses to get drunk, it is his own voluntary act ; it is very different from a madness which is not caused by any act of the person. That voluntary species of madness which it is in a party's power to abstain from he must answer for.
Page 192 - Notwithstanding the difference in the language used I come to the conclusion that (except in cases where insanity is pleaded) these decisions establish that where a specific intent is an essential element in the offence, evidence of a state of drunkenness rendering the accused incapable of forming such an intent...
Page 64 - If a grown-up person chooses to undertake the charge of a human creature, helpless either from infancy, simplicity, lunacy, or other infirmity, he is bound to execute that charge without (at all events) wicked negligence, and if a person who has chosen to take charge of a helpless creature lets it die by wicked negligence, that person is guilty of manslaughter.
Page 193 - ... the law is plain beyond all question that in cases falling short of insanity a condition of drunkenness at the time of committing an offence causing death can only, when it ia available at all, have the effect of reducing the crime from murder to manslaughter.
Page 188 - The third sort of dementia is that which is dementia a/ectota— viz., drunkenness. This vice doth deprive men of the use of reason, and puts many men into a perfect but temporary frenzy, and therefore, according to some civilians, such a person committing homicide shall not be punished simply for the crime of homicide, but shall suffer for his drunkenness, answerable to the nature of the crime occasioned thereby...
Page 185 - If in any case the director of public prosecutions or the prosecutor or defendant obtains the certificate of the Attorney-General that the decision of the Court of Criminal Appeal involves a point of law of exceptional public importance, and that it is desirable in the public interest that a further appeal should be brought...