Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, Court of Appeal
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R v Bree [2007] EWCA Crim 804, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bree [2007] EWCA Crim 804, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
R v Lawrance [2020] EWCA Crim 971, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Lawrance [2020] EWCA Crim 971, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
R v McNally [2013] EWCA Crim 1051, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v McNally [2013] EWCA Crim 1051, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
R v SD [2008] EWCA Crim 527, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v SD [2008] EWCA Crim 527, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
R v Bree [2007] EWCA Crim 804, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bree [2007] EWCA Crim 804, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
R v Lawrance [2020] EWCA Crim 971, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Lawrance [2020] EWCA Crim 971, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
R v McNally [2013] EWCA Crim 1051, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v McNally [2013] EWCA Crim 1051, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
R v SD [2008] EWCA Crim 527, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v SD [2008] EWCA Crim 527, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
12. Trespass to Land
This chapter discusses trespass to land and defences. Trespass can be committed in various ways, provided that the interference is direct and immediate. The boundary between trespass and other torts, particularly nuisance, is sometimes difficult to draw. Entry on to land is simply the most obvious example of trespass, but other examples include: placing things on land or inducing animals to enter. The Limitation Act 1623, section 5 provides that if the defendant pleads disclaimer of title to the land and if ‘the trespass was by negligence or involuntary’ and he makes a tender of sufficient amends, action against him shall be barred. The claimant’s consent is always a defence to an action in trespass, in the sense that it constitutes ‘leave and licence’.
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10. Defences to negligence
This chapter discusses three key defences in the tort of negligence: voluntary assumption of risk (consent or volenti non fit injuria), contributory negligence and illegality. The defence of voluntary assumption of risk is based on the common-sense notion that ‘one who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong’. The defence of illegality denies recovery to certain claimants injured while committing unlawful activities. Contributory negligence is a defence that operates not to defeat the claimant’s claim entirely but rather to reduce the amount of damages the defendant must pay.
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11. Sexual offences
This chapter examines the law governing sexual offences found in the Sexual Offences Act 2003, focusing on non-consensual offences. Some of the controversies examined include the following: Parliament’s failure to define core elements of the offences, such as ‘consent’ and ‘sexual’ and the attempts by the courts to fill these lacunae; whether a deception perpetrated by the defendant necessarily vitiates the complainant’s consent; and the overly wide breadth of some of the offences.
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10. Defences to negligence
This chapter discusses three key defences in the tort of negligence: voluntary assumption of risk (consent or volenti non fit injuria), contributory negligence and illegality. The defence of voluntary assumption of risk is based on the common-sense notion that ‘one who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong’. The defence of illegality denies recovery to certain claimants injured while committing unlawful activities. Contributory negligence is a defence that operates not to defeat the claimant’s claim entirely but rather to reduce the amount of damages the defendant must pay.
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R (Monica) v DPP [2018] EWHC 3508 (QB), Queen’s Bench Division
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Monica) v DPP. The document also included supporting commentary from author Jonathan Herring.
Chapter
R v BM [2018] EWCA Crim 560, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v BM [2018] EWCA Crim 560, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
R v Barnes [2004] EWCA Crim 3246, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Barnes [2004] EWCA Crim 3246, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
R v Melin [2019] EWCA Crim 557, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Melin [2019] EWCA Crim 557, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
R v B (MA) [2008] EWCA Crim 3, Court of Appeal
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v B (MA) [2008] EWCA Crim 3, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
R (Monica) v DPP [2018] EWHC 3508 (QB), Queen’s Bench Division
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Monica) v DPP. The document also included supporting commentary from author Jonathan Herring.
