R v Ahluwalia
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Criminal Division) |
| Judgment Date | 31 July 1992 |
| Date | 31 July 1992 |
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60 cases
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Luc v The Queen
...person. Newell and the subsequent decisions of the Court of Appeal where reliance was placed on Newell, in particular R v AhluwaliaUNK ([1992] 4 All ER 889), had suggested that certain characteristics of the defendant relating to his or her mental state or personality might as such be taken......
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Holley v AG
...of a case where this defence would have been relevant. There a 22-year old defendant had a mental age of 9 years. Similarly in R v Ahluwalia [1992] 4 All ER 889, where a defence of provocation failed, the Court of Appeal ordered a retrial on the issue of diminished responsibility. Section 2......
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R v Thornton (No. 2)
...by this Court in Duffy [1949] 1 All ER 932 up to the present day (see Thornton 96 Cr App R 112 at pages 117–119). 30In Ahluwalia 96 Cr App R 133 at pages 137–139, there was again a challenge to a summing-up which was in accordance with the Duffy direction. It was argued that a woman subje......
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R v McGinley and Another
...we had taken the view that her evidence was capable of belief we would have refused to admit it as “fresh evidence”. In R v Ahlumnia [1992] 4 All ER 889 the Court of Appeal said at p899j: “Ordinarily, of course, any available defences should be advanced at trial. Accordingly, if medical evi......
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26 books & journal articles
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Recognising the Role of the Emotion of Fear in Offences and Defences
...Cited in Edwards (n 76).81. Cited in SSM Edwards ‘The Strangulation of Female Partners’ (2015) Crim LR 12, 949–66.82. R v Ahluwalia [1992] 4 All ER 889.83. See ionship> (accessed16 September 2019).458 The Journal of Criminal Law abuse and the impacts and dynamics of how abuse may be perpetr......
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Court of Appeal
...Law130 This is not a case in which the decisions made by the court in, for example,Borthwick [[1998] Crim LR 274] and Ahluwalia [(1993) 96 Cr App R 133]can be followed. In our judgment, no reasonable explanation has beengiven for the failure to adduce appropriate medical evidence at the tri......
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Battered Women, Startled Householders and Psychological Self-Defence: Anglo-Australian Perspectives
...213 at 219 and Attorney-General for Northern Ireland’s Reference (No. 1 of 1975)[1977] AC 105 at 139B–G, 148, 156B.21 In R v Ahluwalia [1992] 4 All ER 889, D set fire to her husband’s bedroom as heslept. For further discussion on this aspect of the loss of control defence, seeS. Edwards, ‘......
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Descent into Murder: Provocation's Stricture—The Prognosis for Women Who Kill Men Who Abuse Them
...667, per Lord Goff). I cannot agree. 16 Attorney-General for Jersey v Holley [2005] UKPC 23, [2005] 2 AC 580 at [75]. R v Ahluwalia [1992] 4 All ER 889, per Lord Taylor; R v Thornton (No. 2) [1996]1 WLR 1174, [1996] 2 All ER 1023, CA, preferred justice over the dictates of logic.Lord Steyn ......
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