C (A Minor) v DPP

JurisdictionEngland & Wales
Judgment Date16 March 1995
Date16 March 1995
CourtHouse of Lords
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40 cases
  • R v Smith (Morgan James)
    • United Kingdom
    • House of Lords
    • 27 July 2000
    ... ... There had been evidence that the accused suffered from brain damage which made it difficult for him to control his impulses in response to minor provocation. But this was held irrelevant to the question of whether the objective element in the defence had been satisfied. The majority said that the English cases after Camplin (to some of which I shall later refer) which had held that the jury should be directed that they could take such ... ...
  • Nicklinson v Ministry of Justice [QBD]
    • United Kingdom
    • Queen's Bench Division
    • 12 March 2012
    ...nor is it entitled to act as a moral or ethical arbiter. 31 Also, the Defendant relied on what is said by Lord Lowry in C (A Minor) v DPP [1996] AC 1 at 28 A/B, to found the general proposition, that was not disputed and has been recognised and applied in many cases, that the Courts should......
  • Re Termination of Pregnancy Law
    • United Kingdom
    • Court of Appeal (Northern Ireland)
    • 29 June 2017
    ...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......
  • Cps v P
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 27 April 2007
    ...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
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...[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......
  • Revisiting the Precedential Status of Crown Court Decisions
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 85-1, February 2021
    • 1 February 2021
    ...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......
  • Political Rhetoric or Principled Reform of Loss of Control? Anglo-Australian Perspectives on the Exclusionary Conduct Model
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 77-6, December 2013
    • 1 December 2013
    ...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......
  • The Appellate Judgment
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...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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