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R v Nedrick by user111008

The appellant was tried on a count charging murder. The case for the Crown was that he poured paraffin through the letterbox of a house and on to its front door and set it alight. The house caught fire and a child died. The appellant confessed that he had started the fire but added that he did not want anyone to die. His defence was denial of either starting the fire or making any such admission. The direction to the Jury equated foresight with intention and the appellant was convicted.

On appeal against conviction on the question of the intent necessary to establish a charge of murder:—

Held, allowing the appeal, that in the light of authorities published subsequent to the direction it was clearly wrong; that, accordingly, the conviction would be quashed and that, in the circumstances, the court would substitute a verdict of manslaughter and impose a sentence of 15 years’ imprisonment

Per curiam . On a charge of murder, where the accused has done a manifestly dangerous act and someone has died as a result, the Jury should be directed that a person may intend to achieve a certain result while not desiring it to come about; in determining whether the accused had the necessary intent, the Jury may find it helpful to ask themselves, first, how probable was the consequence which resulted from his voluntary act and, secondly, whether he foresaw that consequence; he could not have intended to bring death or serious harm about if he did not appreciate that death or serious harm was likely to result from his act; if he thought that the risk to which he was exposing the deceased was only slight, the Jury may easily conclude that he did not intend to bring about the death; the Jury should be directed that they are not entitled to infer the necessary intention unless they feel sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the actions of the accused and that he appreciated that that was the case

APPEAL against conviction.
The appellant, Ransford Delroy Nedrick, was tried in the Crown Court at Stafford before Otton J. and a Jury on an indictment containing three counts. Count 1 charged murder, in that, on 15 July 1984 he murdered Lloyd Foreshaw, aged 12; count 2 charged arson with intent to endanger lives; and count 3 charged arson being reckless as to lives being endangered. On 25 January 1985 he was convicted of murder by a majority of 10 to 2. The Jury were discharged from returning a verdict on count 2 and count 3. He was sentenced to life imprisonment.
He appealed against conviction on the ground that the verdict was unsafe and unsatisfactory in that, inter alia, the judge misdirected the Jury on the intent necessary to establish a charge of murder. At the conclusion of the hearing Lord Lane C.J. announced that the appeal was allowed, a verdict of manslaughter was substituted and a sentence of 15 years’ imprisonment was imposed for reasons which would be given later.
The facts are stated in the judgment.
Representation
Lord Hooson Q.C. and David Guishard (assigned by the Registrar of Criminal Appeals) for the appellant.
J. S. Coward Q.C. and Brian Leech for the Crown.
Cur. adv. vult.
LORD LANE C.J.

10 July 1986. LORD LANE C.J. read the following judgment of the court. On 25 January 1985 in the Crown Court at Stafford the appellant, Ransford Delroy Nedrick, was convicted by a majority verdict of murder and was sentenced to life imprisonment. The Jury were discharged from returning verdicts on two further counts, one of arson with intent to endanger life and the other of arson being reckless as to life being endangered.

On 20 May 1986, having declined to apply the proviso, we substituted for the verdict of murder a verdict of guilty of manslaughter and passed therefor a sentence of 15 years’ imprisonment under the provisions of section 3 of the Criminal Appeal Act 1968 . We now give our reasons.

The case for the Crown was that the appellant had a grudge against a woman called Viola Foreshaw, as a result of which, after threats that he would “burn her out,” he went to her house in the early hours of 15 July 1984, poured paraffin through the letter-box and on to the front door and set it alight. He gave no warning. The house was burnt down and one of Viola Foreshaw’s children, a boy aged 12 called Lloyd, died of asphyxiation and burns.

After a number of interviews during which he denied any responsibility, the appellant eventually confessed to the police that he had started the fire in the manner described, adding, “I didn’t want anyone to die, I am not a murderer; please tell the judge; God knows I am not a murderer.” When asked why he did it, he replied, “Just to wake her up and frighten her.”

The appellant’s defence, rejected by the Jury, was that he had neither started the fire nor made any admissions to that effect.

The sole effective ground of appeal is that the judge misdirected the Jury on the intent necessary to establish a charge of murder. This is the direction which he gave:
“It is not necessary to prove an intention to kill; the Crown’s case is made out if they prove an intention to cause serious injury — *1027 that is sufficient … There is, however, an alternative state of mind which You will have to consider. If when the accused performed the act of setting fire to the house, he knew that it was highly probable that the act would result in serious bodily injury to somebody inside the house, even though he did not desire it — desire to bring that result about — he is guilty of murder. If You are sure that he did the unlawful and deliberate act, and, if You are sure that that was his state of mind, then, again, the prosecution’s case in the alternative of murder would be established.”

That direction was given before the publication of the speeches in the House of Lords in Reg. v. Moloney [1985] A.C. 905 and Reg. v. Hancock [1986] A.C. 455 . In the light of those speeches it was plainly wrong. The direction was based on a passage in Archbold Criminal Pleading Evidence & Practice , 41st ed. (1982), p. 994, paragraph 17–13, which has been repeated in the 42nd ed. (1985), p. 1162, paragraph 17–13. That passage was expressly disapproved in Reg. v. Moloney [1985] A.C. 905 , 917 et seq., in that it equates foresight with intention, whereas “foresight of consequences, as an element bearing on the issue of intention in murder … belongs, not to the substantive law, but to the law of evidence,” per Lord Bridge of Harwich, at p. 928. The judge was in no way to blame of course for having directed the jury in this way.

What then does a jury have to decide so far as the mental element in murder is concerned? It simply has to decide whether the defendant intended to kill or do serious bodily harm. In order to reach that decision the Jury must pay regard to all the relevant circumstances, including what the defendant himself said and did.

In the great majority of cases a direction to that effect will be enough, particularly where the defendant’s actions amounted to a direct attack upon his victim, because in such cases the evidence relating to the defendant’s desire or motive will be clear and his intent will have been the same as his desire or motive. But in some cases, of which this is one, the defendant does an act which is manifestly dangerous and as a result someone dies. The primary desire or motive of the defendant may not have been to harm that person, or indeed anyone. In that situation what further directions should a Jury be given as to the mental state which they must find to exist in the defendant if murder is to be proved?

We have endeavoured to crystallise the effect of their Lordships’ speeches in Reg. v. Moloney [1985] A.C. 905 and Reg. v. Hancock [1986] A.C. 455 in a way which we hope may be helpful to judges who have to handle this type of case.

It may be advisable first of all to explain to the Jury that a man may intend to achieve a certain result whilst at the same time not desiring it to come about. In Reg. v. Moloney Lord Bridge gave an illustration of the distinction, at p. 926:
“A man who, at London Airport, boards a plane which he knows to be bound for Manchester, clearly intends to travel to Manchester, even though Manchester is the last place he wants to be and his motive for boarding the plane is simply to escape pursuit.”

The man who knowingly boards the Manchester aircraft wants to go there in the sense that boarding it is a voluntary act. His desire to leave London predominates over his desire not to go to Manchester. When he *1028 decides to board the aircraft, if not before, he forms the intention to travel to Manchester.

In Reg. v. Hancock [1986] A.C. 455 the House decided that the Reg. v. Moloney guidelines require a reference to probability. Lord Scarman said, at p. 473:
“They also require an explanation that the greater the probability of a consequence the more likely it is that the consequence was foreseen and that if that consequence was foreseen the greater the probability is that that consequence was also intended.”

When determining whether the defendant had the necessary intent, it may therefore be helpful for a Jury to ask themselves two questions. (1) How probable was the consequence which resulted from the defendant’s voluntary act? (2) Did he foresee that consequence?

If he did not appreciate that death or serious harm was likely to result from his act, he cannot have intended to bring it about. If he did, but thought that the risk to which he was exposing the person killed was only slight, then it may be easy for the Jury to conclude that he did not intend to bring about that result. On the other hand, if the Jury are satisfied that at the material time the defendant recognised that death or serious harm would be virtually certain (barring some unforeseen intervention) to result from his voluntary act, then that is a fact from which they may find it easy to infer that he intended to kill or do serious bodily harm, even though he may not have had any desire to achieve that result.

As Lord Bridge of Harwich said in Reg. v. Moloney [1985] A.C. 905 , 925: “the probability of the consequence taken to have been foreseen must be little short of overwhelming before it will suffice to establish the necessary intent.” At p. 926 he uses the expression “moral certainty”; he said, at p. 929 “will lead to a certain consequence unless something unexpected supervenes to prevent it.”

Where the charge is murder and in the rare cases where the simple direction is not enough, the Jury should be directed that they are not entitled to infer the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the defendant’s actions and that the defendant appreciated that such was the case.

Where a man realises that it is for all practical purposes inevitable that his actions will result in death or serious harm, the inference may be irresistible that he intended that result, however little he may have desired or wished it to happen. The decision is one for the Jury to be reached upon a consideration of all the evidence.

Untitled by pradeprawat7251

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Untitled by pradeprawat7251

Devfest 2 by user111007

Dev Fest is where ideas ignite and developers unite. From Kathmandu to the world, experience fun learning like never before. Meet, network, and grow with the tech community. Are you ready to make an impact?

Devfest 3 by user111007

Step into the vibrant tech hub of Dev Fest Kathmandu! Engage in fun learning sessions and unparalleled networking opportunities. Collaborate, innovate, and celebrate technology. The journey to your next breakthrough starts here!

Devfest 4 by user111007

Dive into the dynamic world of Dev Fest Kathmandu! Immerse yourself in engaging learning experiences and unmatched networking opportunities. Discover, create, and embrace the spirit of innovation. Your path to the next big idea begins now!

Devfest 1 by user111007

Welcome to Dev Fest Kathmandu 2024! Dive into a world of networking, innovation, and fun learning. Make connections that matter, and take your coding skills to the next level. Let’s build the future, together!

Geoffrey Bare presen by congaconga

There was standing-room only at the DuPage County Historical Museum on Nov. 7 when one of Chicago’s favorite TV producers presented “An Evening with Geoffrey Baer.”
Baer, the eight-time Emmy Award-winning host and producer of WTTW’s “Chicago By Boat,” “Chicago By L” and “Chicago From the Air” television tours, provided a walk through DuPage County architecture and history in a special one-hour presentation at the museum.More than 100 people signed up to be part of an exclusive evening with Geoffrey Baer which included savory appetizers donated by Ivy Restaurant, drinks and an opportunity to tour the museum, and a live demonstration of the museum's HO scale model railroad from members of the DuPage Society of Model Engineers.
"An Evening with Geoffrey Baer" was generously sponsored by Ivy Restaurant and Troy Rodman with Coldwell Banker.
"Having Geoffery Baer present at the DuPage County Historical Museum was a real treat as Geoffery is a noted TV personality and icon in architecture/history within the tri-state Chicago area,“ said Troy Rodman, DuPage County Historical Museum Foundation board member. ”The historical building the Museum resides in along with the deep history DuPage county offers was a big drawing card for Geoffery to welcome our invite to speak in the Museum's auditorium.“
The DuPage County Historical Museum, which operates as a facility of the Wheaton Park District, is housed in a stately Richardsonian Romanesque-style building that opened in 1891 as Adams Memorial Library. It is home to more than 40,000 artifacts and a photography archive of more than 10,000 images.
The museum hosts both permanent and rotating exhibits as well as a range of educational programs throughout the year and is dedicated to the collection, preservation, interpretation, and exhibition of materials which document the history of DuPage County.
The museum is free to the public and open Monday to Friday from 8:30 a.m. to 4:30 p.m. and on weekends from noon to 4 p.m.

Embezzlement by user110247

Embezzlement is the fraudulent conversion of the property of another by one who is already in lawful possession of it.

Embezzlement requires the defendant to have already have actual or constructive possession of the property. The possession requirement is also satisfied when the defendant has the authority to exercise control over the property based on being in a position of trust with respect to the property.

Accomplice Liability by user110247

Principal in the First Degree: A person who actually commits a crime. This actor is not an accomplice.

Principal in the Second Degree: A person who aids, supports, counsels, commands, or encourages the perpetrator in committing the crime. This actor is an accomplice.

Accessory Before the Fact: A person who aids, supports, counsels, commands, or encourages the perpetrator to commit the crime but who is not present during the commission of the crime. This actor is an accomplice.

Accessory After the Fact : A person who aids an individual knowing the individual has committed a crime in an effort to hinder the individual’s detection, arrest, trial, or punishment. Accessories after the fact are guilty of a separate crime, so this section on accomplice liability does not apply to accessories after the fact.

Accomplice Liability, Generally (MPC 2.06(1) & (2)(c)): A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for that he is legally accountable, or both. A person is legally accountable for the conduct of another person if he is an accomplice of such other person.

Accomplice liability, Intentional Action of Accomplice: An accomplice is liable if the accomplice: (1) has intent that the criminal act be committed and (2) commits an act that causes, encourages, assists, or induces the principal to commit the offense. I is sufficient that the aider and abettor commit the act while knowing the principal's intent to commit a crime, irrespective of whether the aider and abettor actually has a desire for the criminal act to succeed.

Accomplice liability, Common Criminal Design: Even without an act of his or her own, an accomplice is liable for the actions of his associates committed in furtherance of a common criminal design.

Accomplice liability, Independent Act: A person is not liable as an accomplice for an independent act of the principal, that is, an act not in furtherance of the common criminal scheme.

Terminating accomplice liability (MPC 2.06(6)(c)): A person is not an accomplice if he terminates his complicity prior to the commission of the offense AND (i) wholly deprives it of effectiveness in the commission of the offense; or (ii) gives timely warning to the law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.

Accomplice or co-conspirator? A person can be liable as an accomplice even though not as a co-conspirator.

quotes by wishpath

web "www" followed "Google" or "Yahoo" in ".com", ".org", or "urls", "Websites", "sites", or "Web Addresses." as ".uk" and ".au"

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list by wishpath

"urls", "Websites", "sites",

kingdom by wishpath

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1000 words by devssccgl

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EnglishIdioms100_2 by surajshedgenetflix

Take it with a grain of salt
In the same boat
Break the ice
Go the whole nine yards
In a nutshell
Get off your high horse
Time flies
When pigs fly
On the same page
Fish out of water
Butterflies in my stomach
It takes two to tango
All roads lead to Rome
Better late than never
A piece of cake
Raining cats and dogs
Barking up the wrong tree
Every dog has its day
All that glitters is not gold
Clean as a whistle
Elephant in the room
Let sleeping dogs lie
All ears
Get your ducks in a row
Monkey see, monkey do
cry wolf
Go the extra mile
Throw in the towel
In hot water
Don't cry over spilled milk
The ball is in your court
Castles in the air
Jump on the bandwagon
The apple of my eye
Crocodile tears
A sight for sore eyes
A drop in the bucket
Easy as pie
Butter someone up
Birds of a feather
Cool as a cucumber
Bite your tongue
Miss the boat
A crack in the wall
Keep your shirt on
Let's call it a day
Every rose has its thorn
Silence is golden
Clothes make the man
No man is an island
A watched pot never boils
Hit the hay
Don't count your chickens
Needle in a haystack
Better safe than sorry
Off the hook
Take a rain check
All eyes on me
All that jazz
Fortune favors the bold
Haste makes waste
Out of sight, out of mind
You reap what you sow
Put your best foot forward
Walk on eggshells
Easier said than done
Apples and oranges
Buy a pig in a poke
Any port in a storm
Turn over a new leaf
As good as gold
Add fuel to the fire
Show your true colors
Go bananas
At sixes and sevens
Wishful thinking
Pull someone's leg
Clean your plate
Keep your nose clean
Beat the clock
Bread and butter
Learn the ropes
White elephant
Lucky break
Count sheep
Mind reader
Hold water
Hat in hand
Tip of the iceberg
Use your loaf
Eat like a bird
It's not rocket science
Ship has sailed
Know your onions
Small potatoes
Lemons into lemonade
Eagle eye
Look before you leap
Drag feet
Time will tell

asd by okko

as dad sad das ads
salsa salads sandals lass
fad sad dads sass lad
a dad adds a salad
sad dad adds sass
adds dads sads alas
lass salads dassal
fads sandals dallas