r v matthews and alleyne

The boys were convicted of manslaughter. He then mutilated her body. Moloney won, and was then challenged by his stepfather to fire the gun. The defendant was charged with and convicted of unlawful act manslaughter and appealed. In the middle of the night he drove to her house before pouring petrol through her letter box and igniting it. The victim was intolerant to obvious to any reasonable adult. This, in our view, is the correct definition of provocation: "The third point taken by Mr. McHale is that the deputy chairman was wrong in directing the jury that before the appellant could use force in self-defence he was required to retreat. The dominant approach of orthodox subjectivism in the criminal law has been, when laws are broken the offender is culpable and deserves to be punished, criminal conviction expresses the social judgment of blameworthiness. The trial judge directed the jury that malicious meant that an unlawful act was deliberate and aimed against the victim and resulted in the wound. The sturdy submission is made that an Englishman is not bound to run away when threatened, but can stand his ground and defend himself where he is. authority is quoted, save that Mr. McHale has been at considerable length and diligence to As he pulled the trigger the chamber turned and the gun went off killing the boy. R v CALDWELL [1981] 1 All ER 961 (HL) The neighbours car then disappeared and she and two men went to the appellant's house to question him about it. The meter however Oxbridge Notes is operated by Kinsella Digital Services UG. The chain of causation was not broken. The appeal would therefore be allowed, and the defendants given unconditional leave to defend. In the middle of the night he drove to Unfortunately his wife, son and son's girlfriend all died in the fire. Facts The appellant chased Bishop down the middle of a road and on catching The victim drowned. Key principle He appealed contending the judge had a duty to direct the jury on provocation. The Court of Appeal decision in R v Kennedy 1999 was wrong to state that self injection of heroin was an unlawful act. [3]The case of Woollin is concerned with oblique intent and it is with this case category that difficulties arise. The appeal was allowed and the murder conviction was quashed. The defendant and victim were engaged in a short romantic relationship, which the victim ended. 3 of 1994) (1997) 3 All ER 936. R v Dyson (1908) 2 K. 454 R v Adams (1957) Crim. App. Looking for a flexible role? first instance found Jordan guilty. before the relevant confession and was no longer active at the time of the defendants Therefore, consent was a valid defence to s 47. Key principle From 1981-2003, objective recklessness was applied to many offences, but the tide has turned and now since G and R the Caldwell test for recklessness should no longer be followed. The defendants It is this area of intention that has caused problems and confusion in the law. Lord Hailsham also held that intention could also exist where the defendant knew there was a serious risk that death or serious bodily harm will ensure from his acts and he commits those acts deliberately and without lawful excuse with the intention to expose a potential victim to that risk as the result of those acts. However, his actions could amount to constructive manslaughter. [17]Some legal commentators welcomed the Woollin direction and Professor Smith described the decision as: [I]mportant and most welcome in that it draws a firm line between intention and recklessnessand should put an end to substantial risk directions[18], In his commentary Professor Smith also identifies and agrees with Lord Hope and Lord Steyn that the modification of using the word find will and should get away from the strange and much criticised notion of inferring one state of mind from another. The defendant appealed on the grounds that this was a mis-direction and the judge should have used the direction in ()R v Smith (Morgan). Where consensual activity has taken place in the privacy of ones home, and is has not serious or extreme in nature, a defence of consent is valid against s 47 of the Act and it is not a proper matter for criminal investigation. When he returned home in the early hours of the following morning he found her dead. Sylvia Notts mocked the appellant's ability to satisfy her sexually and slapped his face. She concluded her statement by confessing that she did this because of the supernatural practices in which she believed the grandmother indulged. The judge directed the jury that statements to the police could only be used against the maker A key issue in this case was whether and under what circumstances could a court listen to additional evidence. The conviction for attempted murder was therefore upheld. The acts of the appellant were indecent if they were performed without the consent of the victims. The CCRC referred the case to the CA, however, before the hearing of the appeal, the Privy Council decision in A-G for Jersey v Holley for was announced. There was no evidence to indicate or to which the jury could have inferred, that Konzani had the honest belief that the complainants had consented to unprotected sexual intercourse, knowing that they were exposing themselves specifically to the risk of contracting HIV. It was held that as the victim was a fully informed and consenting adult, who had freely and voluntarily self-administered the drug without any pressure from the defendant, this was an intervening act. her house before pouring petrol through her letter box and igniting it. Whether a jury is entitled to infer intent if they consider a defendants actions highly likely to The judge in this case directed the jury to decide whether Cheshires acts could have made a significant contribution to the victims death. Newport Pagnell. She attempted to call her counselor but he told her that it was late and he would return the call in the morning. Judge LJ analysed the case of R v Clarence (1889) 22 QB 23, finding that its reasoning behind the decision to quash the conviction under s 20 no longer had no continuing relevance in todays law. 3 of 1994) [1997] 3 All ER 936 (HL). Decision Adjacent was another similar bin which was next to the wall of the shop. Because we accept this dictum as sound it is necessary for us to state what we now consider to be the proper definition of provocation arising as it does from R v Duffy (, n, CCA) elaborated in Lee Chun-Chuen v R (, , , 106 Sol Jo 1008, PC), and amended by R v Bunting ((1965), ). breathes when it is born before it its whole body is delivered does not mean that it is born At his trial medical evidence was given that the defendant suffered from an organic brain problem induced by a head injury. The conviction was quashed and the appeal was allowed. Whether a jury is entitled to infer intent if they consider a defendants actions highly likely to cause death or serious bodily harm. All three accused were convicted; the verdict of the jury indicated that they must have considered the appellant guilty at least as an accessory. disturbance. R v MATTHEWS AND ALLEYNE [2003] EWCA Crim 192 (CA) Facts The defendants attacked and kidnapped the victim and eventually took him to a bridge over the River Ouse. These are difficult to distinguish and yet this is the dividing line between murder and manslaughter[28]. Published: 6th Aug 2019. She sat on a chair by a table and he bathed, changed his clothes and left the house. The question for the court was whether the complainants were consenting to the risk of infection with HIV when they consented to sexual intercourse with defendant. The convictions were quashed. She made a good recovery and was discharged from hospital but three weeks later, as a result of her wounds, she gave premature birth to a baby daughter at 26 weeks gestation. The criminal law involves a process of moral judgment. In Hyam the House of Lords held that the mens rea was established if a result is intended even though it may not have been desired by the defendant, if it was foreseen as a probable consequence;[9]The differing judicial opinions in this ruling on the meaning of intention have shown the ruling to be unsatisfactory as it resulted in a considerable state of confusion. alternative form of it. 17 days after the incident the woman went into premature labour and gave birth to a live baby. The appeal was refused. The fire spread to the first bin, then to the second and then to the guttering and fascia board on the overhanging eave. The parents refused consent for the operation to separate them. Appeal dismissed. The jury convicted of murder and also rejected the defence of provocation. The defendants argued that they only intended to block the road but not to kill or cause grievous bodily harm. Once at the hospital, he received negligent medical treatment; the medics failed to diagnose a puncture to his lung. Bishop ran off, tripped and landed in the gutter of the road. The appellant argued he was acting in self-defence as he believed he was about to be glassed. .being reckless as to whether such property would be damaged. The issue therefore turned on whether they were reckless as to damaging the buildings. The appellant killed her alcoholic, abusive and violent husband. Both women got out, hailed a passing car and got into it. The post-mortem found that the victim died of broncho-pneumonia following the abdominal injury sustained. Copyright Oxford University Press, 2016. Appeal allowed. Three medical men Whether the test laid down in R v Roberts (1971) 56 Cr App R 95 was to be applied because of an omission on behalf of the victim. As the grandmother did so she took out a piece of wood which she had concealed in her handbag and struck her several times with it. and malicious administration of noxious thing under s. 23 of the Offences against the (i) The feelings of the twins' parents are entitled to great respect, especially so far as they are The appellant's version of the main incident as gleaned from his statement to the police and On Friday, 2 March 1962, LH got home about 7 pm and discovered the dead body of his grandmother lying on the floor. Conviction for murder quashed and substituted for manslaughter. Unlike in R v Roberts (1971) 56 Cr App R 95 the victims decision was an omission and not a positive act and so the test was not of whether the omission was reasonably foreseeable. The appellant was involved in a dispute with a neighbour over her parking her car on his land. The appellant peered into a railway carriage looking for the victim. Decision If a person does an act on another which amounts to the infliction of grievous bodily harm, he cannot say: I did not intend to go further than so-and-so. If he intends to inflict grievous bodily harm and the injured person dies, that has always been held in English law, and was so held at the time when this act was passed, sufficient to supply the malice aforethought., The Court of Appeal approved this direction to the jury by the judge for future use: Malice will be implied, if the victim was killed by a voluntary act of the accused . Two others were also charged with the same offence. trial judges direction to the jury that the defendant could be guilty of murder if he knew it It then became apparent that the foetus had been injured by the stab wound. Facts The defendants attacked and kidnapped the victim and eventually took him to a bridge over the River Ouse. It was agreed that an omission cannot establish an assault. The student attempted to escape by roping the curtains and sheets together and tying them around the curtain pole. The accused had a turbulent relationship with her husband, who she killed in a heinous nature. submission here is that the obligation to retreat before using force in self-defence is an The fire was put out before any serious damage was caused. App. contribution to the death. R v Matthews and Alleyne [2003] EWCA Crim 192 - Case Summary - lawprof.co At trial for arson reckless as to endangering life he said that he had been so drunk that the thought that there might be people at the hotel whose lives might be endangered by the fire had never crossed his mind. Whilst possession of the heroin was an unlawful act there was no direct causation. thought that there might be people at the hotel whose lives might be endangered by the fire The Caldwell direction was capable of leading to obvious unfairness, had been After a few miles, the victim jumped out of the moving car and The defendant appealed. defence. She sat on a chair by a table and he bathed, changed his clothes and left the house. Based on these failures, joint enterprise could not be proven and, consequently, the case for robbery failed. Her husband later confronted her about this drinking, and forced himself sexually upon her, raping her. He worked at Mayaro and went at week-ends to his home where the appellant used to join him every Friday evening and leave when he left the following Monday. They lit some of the newspapers and threw them on the concrete floor underneath a large plastic wheelie bin. The trial judge directed the jury that if the defendant knew it was highly probable that the act would result in serious bodily harm to someone, even if he did not desire that result, he would be guilty of murder. The baby suffered a fractured skull and died. The defendants were charged with damaging by fire commercial premises . 1257..50, v Coney [1882] 8 QBD 53451, Jomo Kenyatta University of Agriculture and Technology, Kwame Nkrumah University of Science and Technology, L.N.Gumilyov Eurasian National University, Engineering Electromagnetics by William Hyatt-8th Edition (EE371), Introduction to Computer Science (cse 211), Hibbeler - Engineering Mechanics_ Dynamics (ME-202L), Constitutions and legal systems of east africa (Lw1102), Avar Kamps,Makine Mhendislii (46000), Power distribution and utilization (EE-312). child had breathed; but I cannot take upon myself to say that it was wholly born alive.. The additional evidence opined that the death was not caused by the wound at all but that the medical treatment was inappropriate. The defendants were miners striking who threw a concrete block from a bridge onto the Therefore the consent of the parties to the blows which they mutually receive does not prevent those blows from being assaults.". inflicted: (ii) to a mother carrying a child in utero. injuries inflicted whilst in the womb. According to Sir James Stephen, there are three necessary requirements for the application of the doctrine of necessity: Intention and the meaning of malice in s.23 OAPA 1861, The appellant removed a gas meter in order to steal the money inside. Held An intention to injure was not an essential ingredient of an action for trespass to the person, since it was the mere trespass by itself which was the offence and therefore it was the act rather than the injury which had to be intentional. This essay will attempt to analyse theoretical and practical arguments for and against codifying the UKs constitutional arrangements. On this basis, the appellant induced the women to allow him to demonstrate how to carry out a self-examination, which required that the victims remove their clothes and allow the appellant to feel their breasts. Judgement for the case R v Matthews and Alleyne M, A and two others threw a boy off a bridge into a river after he told them that he couldn't swim. certainty of Vs death from their acts and had no intentions of saving him. A police officer wished to question a woman in relation to her alleged activity as a prostitute. No medical evidence was led for the Crown. meter caused gas to leak into her property, which in turn lead to her being poisoned by the and the defendants were convicted of murder. The plaintiff contended that there merely had to be an intentional application of force, such as horseplay involved, regardless of whether it was intended to cause injury. judges direction to the contrary. V died from carbon monoxide poisoning from the defective fire. (iii) the evil inflicted must not be disproportionate to the evil avoided. The court held that there had been no intention to spread the infection, but by the complainants consenting to unprotected sexual intercourse, they are prepared, knowingly, to run the risk not the certainty of infection, as well as other inherent risks such as unintended pregnancy (paragraph 47). consider to be the proper definition of provocation arising as it does from R v Duffy ([1949] 1 A person is subjectively reckless when he foresees that the particular type of harm might occur and yet goes on to take the risk of it. The Court of Appeal held this was a mis-direction as it did not correctly state that malicious included recklessness and this is decided subjectively. The Court deemed it irrelevant that the first instance judge had not explicitly elaborated on the word malicious as the defendants actions could be taken as indicative of his intent to intentionally cause serious harm. They were both alcoholics and he had a history of violence towards her for which he had spent time in prison. The judge summed up that there was no evidence capable of amounting to provocation other than self-induced provocation which had arisen after the appellant had entered the deceaseds house. The reasoning of the House was based on the need for the criminal law to respect free will and to treat the victim, being an adult of sound mind, as an autonomous individual. This case also raised the question of whether psychological damage, expressed in the dated language of nervous hysteria, was capable of constituting actual bodily harm. Under Caldwell recklessness, D would be guilty where she failed to foresee an obvious risk of the harm, even where she herself was incapable of foreseeing that risk. suffered fatal injuries. She was informed that without a blood transfusion It was severely criticized by academic lawyers of distinction. and Lee Chun-Chuen v R (.) The medical evidence disclosed that the deceased suffered massive injuries which, with traumatic shock, caused her death. At the The key question before the House of Lords was whether the victims act in self injecting was an intervening act such as to break the chain of causation. Yet, while doing so, the glass slipped out of her hand resulting in the victims wrist being cut. offended their sense of justice. The decision is one for the jury to be reached upon a consideration of all the evidence.". There may well have been a lacuna, or gap, in Caldwell recklessness, where a person wrongly concluded that they were not taking any risk. This judgment was not considered to be sound and the passing of the Criminal Justice Act 1967 reversed the decision. Oxbridge Notes in-house law team. The judge directed the jury that statements to the police could only be used against the maker of the statement, but Mr Williams argued that the evidence was too tenuous to go before the jury, and that his conviction was inconsistent with Mr Bobats acquittal. Decision The convictions were quashed. Decision accuracy of the trial judges direction on the requirements of Woollin non-purpose intention and manslaughter. The Court of Appeal substituted a conviction of ABH under s.47 OAPA 1861 and certified a point of law to the House of Lords as to whether it was necessary under s.20 to establish that the defendant intended or was reckless as to the infliction of GBH or whether it was sufficient that the defendant foresaw some harm. The applicable law is that stated in R v Larkin as modified in R v Church. They threw him off the bridge into the river below despite hearing the not) to say that the duty to retreat arises. applied to the court for a declaration that it would be lawful and in the best interests of the He admitted to starting the fire but stated that he only wanted to frighten the owner of the house. The victim was her husband's ex girlfriend and there had been bad feeling between the two. liability for murder or manslaughter in the circumstances set out in question 1." The Court of Appeal reversed the decision in relation to murder. They had thrown a youth from a bridge into a river, and the judge had said that his death was virtually certain to follow Held: The judge had gone further in his direction than he should, redrafting the direction. highly probable that the act would result in serious bodily harm to someone, even if he did Cheshire was subsequently charged with murder and convicted. In accordance with Morhall, Ahluwalia and Humphreys, the jury should have been directed that they could take into account her mental characteristics in assessing the standard of control expected of the defendant. L. 365.. R v White (1910) 2 K. 124; 22 Cox C. 325.. R v Jordan (1956) 40 Cr. Felix Julien was convicted of murder and appealed on the ground that there was a It is not, as we understand it, the law that a person threatened must take to his heels and run in the dramatic way suggested by Mr. McHale; but what is necessary is that he should demonstrate by his actions that he does not want to fight. The defendant was convicted of murder. For an assault to be committed both actus reus and mens rea must be established at the same time. Fagan was convicted of assaulting a police officer in the execution of his duty. (i) in Mary's best interest, English (Robert Rueda; Tina Saldivar; Lynne Shapiro; Shane Templeton; Houghton Mifflin Company Staff), Managerial Accounting (Ray Garrison; Eric Noreen; Peter C. Brewer), Handboek Caribisch Staatsrecht (Arie Bernardus Rijn), Junqueira's Basic Histology (Anthony L. Mescher), Mechanics of Materials (Russell C. Hibbeler; S. C. Fan), The Importance of Being Earnest (Oscar Wilde), Marketing-Management: Mrkte, Marktinformationen und Marktbearbeit (Matthias Sander), Big Data, Data Mining, and Machine Learning (Jared Dean), Auditing and Assurance Services: an Applied Approach (Iris Stuart), Applied Statistics and Probability for Engineers (Douglas C. Montgomery; George C. Runger), Frysk Wurdboek: Hnwurdboek Fan'E Fryske Taal ; Mei Dryn Opnommen List Fan Fryske Plaknammen List Fan Fryske Gemeentenammen. The accused left the yard with the papers still burning. Decision The direction was based on a passage in the 41st Edition of Archbold, which has been repeated in the 42nd Edition, paragraph 17-13. French student was lodging at the house of Mrs Fox who was engaged to the appellant. 1073, EW 62739, v Lamb [1967] 2 QB 981.40, Byrne [1968] SH 401..40, Collins v Wilcock [1984] 3 All ER 374.43, Wilson v Pringle [1986] 2 All ER 44044, v Miller [1954] 2 QB 282.45, Mowatt (1968) 1 QB 421 SH 426.46, Burrell v Harmer [1965] 3 All ER 68447, v D [1984] 1 AC 778 Missing47, Bolduc and Bird v R (1967) 63 DLR (2d) 82 Missing47, v Brown [1993] 2 All ER 75..47, v Wilson [1996] 3 WLR 125..48, v Dica [2004] Q.B. The defendant, a minor, shot multiple rounds from an air gun at a group of people, of which one airgun pellet hit the victim, also a minor, in the face, which ruptured internal blood vessels near the victims eye, causing bruising and swelling. Decision The defendant had a stormy relationship with the deceased. He also argued that his confession had been obtained under duress and Conviction was quashed. That the appellant could not be guilty of rape, as the implied consent of a wife to have intercourse with her husband could only be revoked by court order or a binding separation agreement. The appellant had been out drinking with a friend, Eric Bishop, a man of low intelligence and suffering mental illness. Although there was a lacuna in the Caldwell direction, whereby a person who was convinced that he had eliminated all risk as not reckless either subjectively or objectively, D had merely believed that he had minimised the risk rather than eliminated it. Alcohol had played a part in the offence. [1963] 1 All ER 73Held: (i) the direction at (a) above was not wholly accurate because if the fatal blow was struck as a direct consequence and under the stress of a provocative act it was wholly immaterial that there had been some previous intent to kill or do serious bodily injury unless that intent continued to be operative so that the fatal blow may fairly be attributed thereto notwithstanding the intervening provocative act: R v Kirkham ((1837), 8 C & P 115, 15 Digest (Repl) 938, 8989.) The legal issue here was whether the prosecution had proven facts which had amounted to an assault. The wound penetrated the uterus and the abdomen of the foetus but when the girlfriend was admitted to hospital it was not realised that the foetus had been injured and treatment was limited to care of her wounds. The High court granted the declaration on the grounds that the operation [1]The mens rea for murder is malice aforethought or intention. Sign up today to give your students the edge they need to achieve their best grades with subject expertise. R v Matthews and Alleyne [2003] EWCA Crim 192 (CA): Rix LJ; "the law has not yet reached a definition of intent in murder in terms of an appreciation of virtual certainty. The defendant maintained that it was never her intention to throw the glass just to humiliate her by throwing the beer. convict him of murder." The jury convicted of murder and also rejected the defence of Prior to the attack by the respondent the girlfriends pregnancy had been uneventful and there was nothing in her history to suggest that she would not proceed to full term. reckless, ie doing an act which creates an obvious risk of the relevant harm and at that time During the break-in, Vickers came across the victim who resided in the flat above the shop. trial for arson reckless as to endangering life he said that he had been so drunk that the the initial attack. Further, the jury should have been directed that the victims For a period of almost two years, the man followed the women home from work, made numerous silent phone calls, wrote her over 800 letters, drove past her house, visited her house without consent, and wrote offensive words on her houses door three times. The parents It follows that that the jury must the defendant appreciated that such was the case. Thirdly, as Mr Cato had unlawfully taken heroin into his possession in order to inject the victim with it, the act of injection was itself unlawful in relation to the charge of manslaughter. The definition of intention appears to have reached a reasonably stable state, but it is not possible to have complete consistency due to the fluidity of the law, and trial judges do not always follow model directions. The defendant's conviction was upheld. Most law students are probably more familiar with the cases of Nedrick (1986) and Woollin (1998) when considering the law on oblique intent, but this case is more useful in understanding this issue because here the defendants were convicted of murder and the Court of Appeal upheld their conviction. McCowan J held that consent to engage in horseplay was a defence where there had been no intention to seriously injure. mother-in-law. The appellant was convicted of murder and appealed against conviction on the basis that the judge had erred in finding that there was no evidence capable of giving rise to a defence of provocation. He lost his control and stabbed her multiple times.

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