Useful quotes Flashcards
Glanvillle Williams described a crime as….
‘An act that is capable of being followed by criminal proceedings’
Andrew Ashworth on boundaries of criminal law ….
‘The boundaries of the criminal law are explicable largely as a result of political choices at particular points in history’
-Showing the decision to criminalise is largely a political act
Lord Nicols from the case of Sweet v Parsley on strict liability crimes
’ It has for centuries been a presumption that parliament did not intend to make criminals of persons that were in no way blameworthy’
Lord Morris from the case of R v Palmer 1971 on self- defence
‘It is both good law and good sense that a man who is attacked may defend himself. It is both good law and good sense that he may do, but only do, what is reasonably necessary’
Quote on voluntary intoxication from leading case Majewski 1977
‘If a man in his own volition takes a substance which causes him to cast off the restraints of reason and conscience no wrong is done to him by holding him answerable criminally for any injury he may do while in that condition’
What is the rule of law?
- Where there should be no state punishment without lawful justification
- Therefore the state can not do what ever it likes to its citizens
What can be found in European convention on Human rights article 7?
-‘ No one shall be guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence at the time it was committed’
Lord Reed in contrast with the decision in Shaw and Dpp 1962
- ‘Where parliament fears to tread is not for the courts to rush in’
Lord Bingham when discussing the overturning of the objective reckless test in Caldwell.
- It is not clearly blameworthy to do something involving a risk of injury to another if one genuinely does not perceive the risk
