Elliott v C
| Jurisdiction | England & Wales |
| Date | 1983 |
| Court | Queen's Bench Division (Administrative Court) |
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16 cases
- The State v Singh (Clement)
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DPP v Fergal Cagney
......The locus classicus on this topic is the decision of this Court in DPP v. Murray [1977] 360. The law on recklessness in Ireland is, by virtue of this decision, in decided contrast with that applied in the United Kingdom in such cases as Elliott v. C. (A Minor) [1983] 2 AER 1005. There, a mentally retarded fourteen year old girl was found guilty of a serious offence because the Court applied an objective test for recklessness and held that she had taken a risk, the possible consequences of which was obvious to the ordinary individual, ......
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Brown (Uriah) v The Queen
...were unaware, as was accepted, of the risk of the fire spreading in the way that it eventually did. It had previously been held in Elliott v C (a minor) [1983] 1 WLR 939 at 945 that – "if the risk is one which would have been obvious to a reasonably prudent person, once it has also been pr......
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R v G; R v R
...as well as the criticisms of Lord Edmund Davies and Lord Wilberforce in Caldwell itself, of Lord Justice Robert Goff in Elliott v CWLR ((1983) 1 WLR 939) and of Lord Justice Ackner in R v R (Stephen Malcolm)UNK ((1984) 79 Cr App R 334). The trial judge too expressed reservations which were ......
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11 books & journal articles
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Recklessness—The Continuing Search for a Definition
...direction should have been viewed in the context28 See, e.g., the judgments of Glidewell J and Goff LJ in Elliott v C (A Minor) (1983)77 Cr App R 103; Smith, above n. 20; Williams, above n. 21; Griew, above n. 22;cf. G. Syrota, ‘A Radical Change in the Law of Recklessness’ [1982] Crim LR 97......
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Lawmakers, Law Lords and Legal Fault: Two Tales from the (Thames) River Bank: Sexual Offences Act 2003; R v G and Another
...death byreckless driving. Previously, the House of Lords had refused leave to appeal thedecision of the Divisional Court in Elliott v C[1983] 2 All ER 1005 (below) whichThe Journal of Criminal Caldwell30 who had redefined recklessness for the purposes of the Crimi-nal Damage Act 1971 to in......
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Some perspectives on provocation and domestic killing
...on provocation. Section 3 of the Homicide Act, 1957 has been copied in Barbados, Trinidad and Tobago and Jamaica 7 so that here, 3 [1983] 2 All E.R. 1005. 4 [1983] 1 All E.R. 56. 5 Per Mustill L.J. (obiter) in Reid (1989) 91 Cr. App. Rep. 263, at p. 269; and see also, e.g., Parmenter: Savag......
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Gross Negligence Manslaughter Revisited: Time for a Change of Direction?
...attempt to restrict the grievous bodily harm rule to 75. Leigh (n 62) at 465.76. An approach advocated by Glidewell J in Elliott (1983) 77 Cr.App.R. 103 at 119.77. Bringing English law in to line with our Continental neighbours and the USA, see G. Fletcher, ‘The Theory of Negligence: A Comp......
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