R v M (J) and Another

JurisdictionEngland & Wales
JudgeThe Lord Chief Justice of England and Wales
Judgment Date07 November 2012
Neutral Citation[2012] EWCA Crim 2293
CourtCourt of Appeal (Criminal Division)
Date07 November 2012
Docket NumberCase No: 2012/01775/B5: 2012/01797/B5

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2 cases
  • R v John Farnon and Nia Ellis
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 10 March 2015
    ...harm." See, for example, R v Franklin; R v Senior; R v Larkin in the judgment of the court delivered by Humphrey J; R v Buck & Buck; and R v Hall." 19 In DPP v Newbury [1977] AC 500 the House of Lords unanimously stated that the law as set out in those two decisions was correct. In that cas......
  • R v Terrence Bristow and Others
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 13 September 2013
    ...inevitably realise must subject any person intervening to the risk of some harm resulting. In passing we observe that in R v JM & SM [2012] EWCA Crim 2293 Lord Judge CJ ruled out any requirement that the reasonable bystander must also realise that there was a risk that the unlawful act woul......
4 books & journal articles
  • Unlawful and Dangerous
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 81-2, April 2017
    • 1 April 2017
    ...Crim LR 588.19. Contrary to s. 58, Medicines Act 1968. See Andrews [2002] EWCA Crim 3021.20. Carey and others [2006] EWCA Crim 17; M&M[2012] EWCA Crim 2293, [2013] 1 WLR 1083.21. Contrary to s. 1, Children and Young Persons Act 1933. See Gay [2006] EWCA Crim 820.22. Johnston [2007] EWCA Cri......
  • Hit and Miss?: An Elementary Analysis of Domestic Criminal Statutes and Involuntary Manslaughter in Fatal Maritime Collisions and near Miss Incidents
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 78-1, February 2014
    • 1 February 2014
    ...[1973] QB 702. 9 [1998] 1 Cr App R 91.10 R v Newbury and Jones [1977] AC 500.11 R v Willoughby [2001] 1 WLR 1880.12 R v JM and SM [2012] EWCA Crim 2293, (2013) 77 JCL 7 (commentary by A. The Journal of Criminal Law32that mens rea is an essential element of manslaughter, as in the case of R ......
  • Reconstructing unlawful and dangerous act manslaughter
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 83-4, August 2019
    • 1 August 2019
    ...are more dangerous to life than attacks on property. That may be a false claim, for example, incases of arson’.45. Cf. R v M(J) [2012] EWCA Crim 2293; [2013] 1 WLR 1083 (Lord Judge CJ) at 1089: ‘a requirement that the bystander mustappreciate the “sort” of injury which might occur undermine......
  • The Meaning of ‘Dangerousness' in the Context of Constructive Manslaughter
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 77-1, February 2013
    • 1 February 2013
    ..... Page1 Court of Appeal The Meaning of ‘Dangerousness’ in the Context of Constructive Manslaughter R v JM and SM [2012] EWCA Crim 2293 Keywords Involuntary manslaughter; ‘Church test’; Risk of harm; Affray The case concerned an appeal by the prosecution under s. 58 of theCriminal Justice A......

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