C (A Minor) v DPP
| Jurisdiction | England & Wales |
| Court | House of Lords |
| Judgment Date | 16 March 1995 |
| Date | 16 March 1995 |
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40 cases
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DPP v Jones and Another
...but rather would be an extension of the law in a way foreshadowed by earlier judgments. In C. v. Director of Public Prosecutions [1995] 2 All E.R. 43 this House was considering whether a long established rule of the criminal law should be set aside and I consider that the approach stated by......
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R v Secretary of State for the Home Department, ex parte T.; R v Secretary of State for the Home Department, ex parte H.; R v Secretary of State for the Home Department, ex parte Hickey
...... 31 The Act of 1933 was a consolidating Act. We find the provisions of 103 to 105 of the Act of 1908 gathered into section 53 of the Act of 1933, with minor alterations none of which are material for the present case. Section 53 in its original form provided as follows: "(1) Sentence of death shall not be pronounced on or recorded against a person under the age of eighteen years, but in lieu thereof the court shall sentence him to be ......
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Re Termination of Pregnancy Law
...effectively amount to judicial legislation. I bear in mind the approach of Lord Lowry in C (a minor) v. Director of Public Prosecutions[1996] AC 1, 28 where he said: It is hard, when discussing the propriety of judicial law-making, to reason conclusively from one situation to another … I be......
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Cps v P
...The provision was brought in following encouragement to do so by the House of Lords in C (a minor) v Director of Public Prosecutions [1995] 2 Cr App R 166. In that case there was an extensive discussion of the history and effect of the rebuttable presumption of doli incapax in Lord Lowry's ......
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12 books & journal articles
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Table of Cases
...[1949] 1 All ER 715, 93 SJ 319, CA 113 Brown v Davies [1958] 1 QB 117, [1957] 3 WLR 818, [1957] 3 All ER 401, CA 174 C (A Minor) v DPP [1996] AC 1, [1995] 2 WLR 383, [1995] 2 All ER 43, HL 58–59 Calder and Cizakowsky v Rowntree Mackintosh Confectionery Ltd [1993] ICR 811, [1993] IRLR 212, C......
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Revisiting the Precedential Status of Crown Court Decisions
...from the Divisional Court lies, with leave,under the Administration of Justice Act 1960 s 1; see also C v Director of Public Prosecutions [1996] AC 1, 12–13; Morgans vDirector of Public Prosecutions [1999] 1 WLR 968, 979; WHD Winder, ‘Divisional Court Precedents’ (1946) 9 MLR 257,260–62; No......
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Political Rhetoric or Principled Reform of Loss of Control? Anglo-Australian Perspectives on the Exclusionary Conduct Model
...create a qualified defence in cases where thedefendant uses excessive and unreasonable force in preventing crime it105 C (A Minor) vDPP [1996] AC 1 at 28.106 Ibid.107 The rebuttable presumption of doli incapax was subsequently abolished bystatutory intervention. Section 34 of the Crime and......
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The Appellate Judgment
...of the common law in an orderly fashion they are equally opposed to any usurpation by the courts of the functions of Parliament.’ 13 [1996] AC 1 at 28. And in Reg. v Howe [1987] A.C. 417 Lord Mackay of Clashfern, speaking of judicial legislation said, at pp. 449–450: ‘In approaching this ma......
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