Self-defence in English law

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Topic: Self-defence in English law

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	kumar.html
		The common source often referred to for this maxim in English law is Blackstone's Commentaries6 where the learned author says, '...often a mistake in point of law which every person of discretion not only may, but is bound and presumed to know, is in criminal cases no sort of defence.
		In English law the concept of involuntariness is readily accepted when the actor surrenders to external pressure but it does not seem to be so ready to accept moral involuntariness which might arise because of a mistake of law.
		However, Hall contends that mistake of law should not be a defence.68 The reason he gives is the 'the plea of mistake implies that the penal law in question was actually brought to D's attention.....This places D in a much less favourable position than that of the invincibly ignorant person.
	law.anu.edu.au /criminet/kumar.html

	Police-information.co.uk legislation index - Scotland
		In certain cases an assault may be justified by showing that it was done under the authority of the law; in defence of others or in self-defence.
		Any person who, without lawful authority or reasonable excuse, the proof whereof shall lie with him/them, has with him/them, in any public place any offensive weapon shall be guilty of an offence.
		Offence: It is an offence for any person, without lawful authority, to abandon on any land in the open air, or on any land forming part of a highway.
	www.police-information.co.uk /legislation/legislationindexsco.html

	Ollscoil na hÉireann
		The very law of Poynings, which, I believe, applies his statute of Edward III to Ireland, enacted also for the Irishman’s defence “all those laws by which England claims her liberty”.
		There is an objection, possibly not good in law, but surely good on moral grounds, against the application to me here of this old English statute, 565 years old, that seeks to deprive an Irishman today of life and honour not “for adhering to the King’s enemies”, but for adhering to his own people.
		This is the condemnation of English rule, of English-made law, of English government in Ireland, that it dare not rest on the will of the Irish people, but it exists in defiance of their will; that it is a rule derived not from right, but from conquest.
	www.su.nuigalway.ie /~sinnfein/great14.htm (3141 words)

	BBC - h2g2 - English Legal System: Intoxication in Criminal Law Defences for Offences Against the Person.
		Automatism will be refused as a defence for intoxicated defendants as the courts are unwilling to allow the defence of automatism if the defendant is somehow to blame for the cause of the automatism (self-induced automatism).
		BBC - h2g2 - English Legal System: Intoxication in Criminal Law Defences for Offences Against the Person.
		English Legal System: Intoxication in Criminal Law Defences for Offences Against the Person.
	www.bbc.co.uk /dna/h2g2/A665633 (3141 words)

	Japan Self-Defense Forces - Wikipedia, the free encyclopedia
		The SDF disaster relief role is defined in Article 83 of the Self-Defense Forces Law of 1954, requiring units to respond to calls for assistance from prefectural governors to aid in fire fighting, earthquake disasters, searches for missing persons, rescues, and reinforcement of embankments and levees in the event of flooding.
		The law states that ground, maritime, and air forces are to preserve the peace and independence of the nation and to maintain national security by conducting operations on land, at sea, and in the air to defend the nation against direct and indirect aggression.
		Based on the Self-Defense Forces Law of 1954, the nation's defense establishment is organized to ensure civilian control of the armed forces.
	www.wikipedia.org /wiki/Japan_Self-Defence_Forces (4141 words)

	Multilateral treaties deposited with the Secretary-General- TREATY I-XVIII--10.asp
		The Government of New Zealand further notes that international humanitarian law applies equally to aggressor and defender states and its application in a particular context is not dependent on a determination of whether or not a state is acting in self-defence.
		In addition, it is a rule of international law that a state may not invoke the provisions of its internal law as a justification for its failure to perform its treaty obligations.
		To the extent that such a procedure has previously been established, it must necessarily rest on the assumption that the Conference itself had an adequate opportunity, in the first instance, to ensure the adoption of a technically correct text.
	untreaty.un.org /ENGLISH/bible/englishinternetbible/partI/chapterXVIII/treaty10.asp (4141 words)

	Defence in English Law: Insanity free essays
		Defence in English Law: Insanity Importance of insanity has been reduced, mainly in murder due to the abolition of the death penalty and DR. M’Naghten (1843) D believed he was being persecuted by the Tories who were to blame for misfortunes.
		Defence in English Law: Insanity From Research Assistance
		A defence of insanity must follow the M’Naghten rules; D was ‘under such a defect of reason, from a disease of the mind, as to not know the nature and quality of the act he was doing’ and if he did know it, he did not know that it was wrong.
	www.needfreeessays.com /viewpaper/2987.html (4141 words)

	Kevin's English law glossary: female circumcision
		However, male circumcision is one of the class of activities in which consent can be used as a defence; others include agressive sports and surgery.
		It is not a defence to say that the victim gave consent, which puts it on the same footing as other offences against the person that cause injury whose severity is equal to, or greater than, ABH.
		The distinction seems to be that female circumcision was widely practised among certain ethnic groups, and women were too scared to deny consent.
	www.kevinboone.com /lawglos_female_circumcision.html (125 words)

	History of the Monarchy > The Normans > William I
		The Domesday survey was prompted by ignorance of the state of land holding in England, as well as the result of the costs of defence measures in England and renewed war in France.
		William's claim to the English throne was based on his assertion that, in 1051, Edward the Confessor had promised him the throne (he was a distant cousin) and that Harold II - having sworn in 1064 to uphold William's right to succeed to that throne - was therefore a usurper.
		The Anglo-Saxon shire courts and 'hundred' courts (which administered defence and tax, as well as justice matters) remained intact, as did regional variations and private Anglo-Saxon jurisdictions.
	www.royal.gov.uk /output/Page18.asp (1785 words)

	Group Psychotherapy - Tyrannophobia: Group Leadership and the Crisis of Democracy
		Hobbes used this word in his Leviathan originally in a somewhat different context, writing in defence of the constitutional monarchy in the 17th century, at the time of the English Civil War.
		Democracy can, in a broad sense, be considered as a permanent state of political crisis, contained by the rule of law.
		But this first involves a look at Freud’s speculation, in ‘Totem and Taboo’, on the origins of tyranny and democracy, on the dynamics of guilt, remorse and the establishment of equality under law.
	www.group-psychotherapy.com /articles/mendelssohnfd01.htm (1785 words)

	The Able Baker story
		-- ================================================================= Supporting Hillbilly Pride(tm) Carl Porter, Knoxville, Tenn. The gov't is my nanny, I shall not want for much, etc. ================================================================ Article 15180 of alt.usage.english: From: bam@hermes.mod.uk (Brian A. Mellor) Newsgroups: alt.usage.english,soc.culture.british,uk.misc Subject: Re: Phonetic alphabet Date: 9 Nov 1993 09:38:46 GMT Organization: Defence Research Agency In article
		However, it might be of interest to some that the international authority of the above phonetic alphabet notwithstanding, the military services have used several earlier phonetic alphabets (Able, Baker, Charlie, Dog, Easy, Fox, George, How, Item...) and law enforcement agencies use different ones, too (Adam, Boy, Charlie, David, Edward, Frank, George...
		This caused a minor disruption in our communications, but we were young and changeable.
	www.bckelk.uklinux.net /able.html (1785 words)

	European Union - Wikipedia, the free encyclopedia
		European Union law comprises a large number of overlapping legal and institutional structures.
		The "European Community" is one of the three pillars of the European Union, being both the most important pillar and the only one to operate primarily through supranational institutions.
		The European Union or EU is an intergovernmental and supranational union of 25 European countries, known as member states.
	en.wikipedia.org /wiki/European_Union (1785 words)

	Kevin's English law glossary: automatism
		In English law the distinction between automatism and insanity is drawn on the basis of internal and external factors, and is somewhat archaic.
		Automatism may be a defence against a criminal charge, but not if the defendant was responsible for the situation that gave rise to the automatism (see R v Quick (1973)).
		In an archetypal automatism case, Denning LJ classed sleepwalking as a type of automatism; more recently it has had to be reclassified as `insanity' because of the lack of an external factor.
	www.kevinboone.com /lawglos_automatism.html (1785 words)

	Ministry of Environment and Forest (MoEF) :: Government of the People's Republic of Bangladesh
		The book may serve as a reference guide to law enforcers and legal practitioners - police, inspectors, public prosecutors, defence councel, magistrates and judges- in the processing of environmental civil and criminal cases.
		To facilitate this information transfer, an English translation is provided of key environmental laws and rules.
		This Book prepared by Md. Emdadul Huq, a senior Officer of the Ministry of Law, provides the first completion of Bangladesh environmental and pollution control laws implemented and enforced by the Department of the Environment.
	www.moef.gov.bd /html/laws/laws.html (1785 words)

	Guardian Unlimited Special reports Know your enemy
		The Plain English Campaign has shot itself in the foot this week by giving Mr Rumsfeld its annual Foot in Mouth award for this comment, delivered at a press conference earlier in the year:
		It is expressed in admirably plain English, with not a word of jargon or gobbledygook in it.
		But the US defence secretary's use of English is not one of them.
	www.guardian.co.uk /usa/story/0,12271,1098489,00.html (287 words)

	The Chemist's English
		Neither English is "wrong": the main thing is that, if you happen to prefer British spelling and usage (defence vs. defense, colour vs. color, synthesise vs. synthesize), usage (pavement vs. sidewalk, solicitor vs. lawyer), and punctuation ("Smith, Jones and Brown, Solicitors" vs. "Cohen, Levy, and Friedman, Attorneys at Law") you should consistently stick with it.
		Schoenfeld worked in an "Oxford English" environment, he offers persuasive arguments in Section 15.3 as to why the "American" endings "-ize" and "-or" are etymologically more correct than their "Oxford" counterparts "-ise" and "-our".
		For Chemist's English there exists a rough rule of thumb: with is used for simple instruments or techniques, by for more complex ones, and by means of for yet more elaborate and/or abstruse ones.
	theochem.weizmann.ac.il /~comartin/schoenfeld.html (287 words)

	Hunton & Williams Offices London
		Significant experience: The London office of Hunton & Williams offers a range of legal services under both English and US law.
		In the context of foreign firms in London, the 2003 edition of the UK Legal 500 recommends the team for dispute resolution and states that both John Miles and Marie Kidwell are " skilled in litigation and arbitration and popular with clients " (see The Legal 500).
		The London team has recently advised the lenders in the financing on the Bulyanhulu gold mine being developed by Barrick Gold in Tanzania and previously advised the lead banks in the Lisheen Zinc Mine in Ireland — two of the largest mining finance transactions in recent years.
	www.hunton.com /firm/Office.aspx?id=5118&Office=180 (287 words)

	Defence: the Legal Implications; Rowe, P.J. (Senior Lecturer in Law, University of Liverpool); Hardback; World Retail Store - English Books
		Defence: the Legal Implications; Rowe, P.J. (Senior Lecturer in Law, University of Liverpool); Hardback; World Retail Store - English Books
		We check availability with suppliers & normally provide confirmation within 7 days.
		Prices subject to change to be advised on confirmation of order.
	www.worldretailstore.com /item/BE-0080335969.html (287 words)

	Insanity Defense Not Guilty by Reason of Insanity Possible Excuse in Criminal Trial Plea by Criminal Defendant Questia.com Online Library
		The Insanity Defense: A Critical Assessment of Law and Policy in the Post-Hinckley Era
		4 "The Criminal Insanity Defense: English and American Attorneys")
		The insanity defense was established through centuries...The modern formulation of the insanity defense derives from the MNaghten Rules...changes that...
	www.questia.com /library/law/trials/insanity-defense.jsp (287 words)

	The Forum of the 1.Jagdmoroner Abteilung - South African English Regiments
		South Africa still has several "English" Regiments that have served with distinction and survived the whole Apartheid era as well as the substantial defence expenditure cuts subsequently.
		The "English" Regiments had to fight hard to retain their identity during the Apartheid years, and were moderately successful, although it was a tough battle.
		These include the Transvaal Scottish, the South African Irish, and the Cape Town Highlanders, all of whom are kilted, and the Cape Field Artillery (founded in 1806, I believe) who are also kilted.
	www.1jma.dk /topic.asp?TOPIC_ID=1980 (567 words)

	Criminal Law Essays
		The majority decision of the House of Lords in R V Brown (1993) concerning consent as a defence to the deliberate infliction of physical harm, does not follow the legitimate aims and functions of the criminal law.
		Assess the modern approaches to the definition of intention in English criminal law.
		Consider the suggestion that, if a major objective of criminal law is to prevent harm to individuals, alternatives to mens rea as a basis for liability should be used more.
	learningat.ke7.org.uk /socialsciences/5thlesson/Law/LawEssays.htm (464 words)

	Cyprus News Agency: News in English (PM), 98-09-21
		Omirou thanked the Irish Minister of Defence for his country's support to Cyprus' course towards EU membership.
		Themistocleous added that the proposal has been approved and will be sent to the Auditor-General's office for legal processing, and "by the end of the year", it is expected that the "House of Representatives will vote the relevant bill into law".
		The Irish contingent of the UN Peacekeeping Force in Cyprus (UNFICYP) comprises 24 troops and 14 civilian police.
	www.hri.org /news/cyprus/cna/1998/98-09-21_1.cna.html (464 words)

	Libertarian Heritage No. 11
		It has already been shown that the radical whigs' view of government emerging from a social compact carried with it a defence of resistance rights that, in their continued retention by the people, legitimated political power within civil society promoting the ends of toleration and the rule of law.
		the English Revolution, was first called a revolution (the Glorious Revolution) only when it was coming to an end in 1688-89; in its initial stage (1640-1660) it was called the Great Rebellion by its enemies and a 'restoration of freedom' by its friends, the second stage (1660-1685) was called the Restoration at the time.
		[10] Before the English Revolution, the press had been formed into the Company of Stationers by Queen Mary in 1557 to exert political control of published output, with the particular purpose of suppressing Protestantism
	www.libertarian.co.uk /lapubs/libhe/libhe011.htm (464 words)

	Ross Anderson's Home Page
		This body is concerned with promoting research and educating the public in such topics as the interaction between computing and the law, and the social effects of IT.
		Security engineering is about building systems to remain dependable in the face of malice, error or mischance.
		Another example of first-class work by FIPR is a research project that brought together legal and computing skills to deconstruct the fashionable notion that `digital certificates' would solve the problems of e-commerce and e-government.
	www.cl.cam.ac.uk /~rja14 (464 words)

	The Illusory Promise: Freedom of the Press in Hong Kong, China
		The English term "such as" and, even more notably, its counterpart in the Chinese text " deng " ("et cetera") signal that "defence and foreign affairs" are only two examples of the many possible "acts of state" reserved for P.R.C. jurisdiction.
		The Joint Declaration follows common practice in rendering the English term "freedom of the press" in Chinese as " chuban ziyou." In fact, however, the Chinese word chuban is not the precise equivalent of the broader English word "press." Chuban refers to "publication" rather than the "mass media" as a whole.
		The English text, in contrast, appears to be a compromise between Western and Chinese definitions of rights.
	www.law.indiana.edu /ilj/v73/no3/foster.html (464 words)

	Homicide Act 1957 - Wikipedia, the free encyclopedia
		Under English law, the Homicide Act 1957 was enacted as a partial reform of the common law offence of murder by abolishing the doctrine of constructive malice (except in limited circumstances) and by introducing the partial defences of provocation, diminished responsibility and suicide pact.
		This is morally distinguishable from diminished responsibility which recognises a reduction in culpability because the defendant does not have the capacity to choose whether to break the law or not.
		Parliament was not impressed and s2 Act 1957 now provides that diminished responsibility is available as a defence where the accused was, at the time of the offence, suffering from an "abnormality of the mind" which substantially impaired his mental responsibility for his acts or omissions resulting in murder.
	en.wikipedia.org /wiki/Homicide_Act_1957 (1321 words)

	The Slovak Spectator - Slovakia's English Language Newspaper
		"The law doesn't set any responsibility for the chairman of the State Defence Council to act [on information it receives from the secret service regarding possible corruption at the State Material Reserves Fund], but certainly there is political and above all moral responsibility to act quickly."
		(1) The State Defence Council manages the organisation and the principal preparations to be taken for the defence of the Czechoslovak Socialist Republic...
		From a 1969 law on The State Defence Council:
	www.slovakspectator.sk /clanok-1514.html (1321 words)

	The Slovak Spectator - Slovakia's English Language Newspaper
		The Lustration Law was approved by the government of Czechoslovakia in the autumn of 1991 in order to prevent former Communist Party officials and members of the ŠtB state secret police from holding sensitive public office posts, particularly within the Foreign Affairs, Interior, Security and Defence ministries.
		When the Lustration Law expired in the autumn of 1996, the Czechs voted to prolong the law for a further five years (the law is expected to be prolonged again this autumn in the Czech parliament).
		In Slovakia, the original Lustration Law was never extended nor, critics and former politicians say, was it ever taken seriously.
	www.slovakspectator.sk /clanok-645.html (1321 words)

	OUCLF: articles: W Swadling (2000)
		And when those cases are extracted from the law of unjust enrichment there remains no authority for saying that illegality ever operates as a cause of action in the English law of unjust enrichment.
		When English unjust enrichment lawyers talk of "illegality", they generally do so in the context of the unravelling of partly-performed illegal contracts.
		Since, absent the illegality, the plaintiff would have undoubtably had a claim for restitution of unjust enrichment based on a total failure of consideration, the illegal nature of the design is undoubtably operating as a defence here too.
	ouclf.iuscomp.org /articles/swadling.shtml (8257 words)

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Topic: Self-defence in English law

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