R v Edina Day
Jurisdiction | England & Wales |
Judge | Lord Justice Laws |
Judgment Date | 17 April 2015 |
Neutral Citation | [2015] EWCA Crim 1646 |
Docket Number | No: 29014/3448/B4 |
Court | Court of Appeal (Criminal Division) |
Date | 17 April 2015 |
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R (on the application of Teresa Skelton) v Winchester Crown Court Crown Prosecution Service (Interested Party)
...lawful. It is lawful, for example, to use force to eject a trespasser from property where the force used is reasonable (see R. v Day [2015] EWCA Crim 1646). In his evidence P.C.S.O. Day said he had acted as he did because he was concerned that Ms Skelton might become more violent. D.C.C. Pi......
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Peter Albee v The Commissioner of Police
...the attempts of the Cummins men to remove him from the cottage, Mrs. Mason-Smith relied on the case of R v Day [2015] EWCA 1646; [2015] All ER (D) 108 (Apr). The case overview is as follows: “The defendant was staying overnight with a friend, H. H lived in student accommodation which she s......
3 books & journal articles
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Recognising the Role of the Emotion of Fear in Offences and Defences
...to an armed man. See Law CommissionDiscussion Paper, Criminal Liability: Insanity and Automatism (Law Com. TSO, 2013).99. R v Day [2015] EWCA Crim 1646.100. See for a discussion of the Stoics in Fisher (n 31) (2003). Where a battered women does not fit the stereotype the plea fails.See M Do......
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Defenceless Castles
...Dobinson and Elliott, above n. 52 at 96.88. Which has recently been defined quite broadly by the Court of Appeal in R v Day (Edina) [2015] EWCA Crim 1646 as not the owner of a property, but also a person in lawful occupation of the property. 89. MoJ Circular, above n. 66 at [11].90. Ibid at......
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Houseguests, trespassers and the use of reasonable force in ejectment
...trespassers and the use of reasonable force in ejectmentRvDay [2015] EWCA Crim 1646, Court of AppealKeywordsAssault occasioning actual bodily harm, common assault, self-defence, ejectmentEdina Day (D) was charged with assaulting Jac Jones (J), occasioning actual bodily harm, contrary to s.4......