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}=#ve contributes in some more than minimal way to the death, By the test of common sense, whilst the driving by Mr Hughes created the Copyright 2023 Maritime Insights & Intelligence Limited. The Crown, on the other hand, was the respondent in this case. subscribers. WebR v Hughes (2013) UKSC 56 is a Criminal Law case, concerning Actus Reus. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. Simple and digestible information on studying law effectively. His driving a motor vehicle is a legal cause of the death of the For a non-PDF version of the judgment, please visit: BAILII, Copyright Matrix Chambers & CMS Cameron McKenna Nabarro Olswang LLP 2012 - 2023. Ford V-10 Super Duty w/6mm Condenser 2. The appellant was involved in a traffic accident that resulted in the death of the other driver. (559) 592-7377, Porterville Youth Services X, as occurred in R v Silcott (1987) Crim LR 765. 9. Polk County Florida, became the 39th. Traction Control problems Well, my 2012 Ram 2500 Quad 5. The traction control system constantly monitors the speed of the front and rear wheels. Attorney Referral and Information Service of the Fresno County Bar Association2444 Main Street, Suite 125, Fresno, CA 93721559-264-0137 | www.fresnocountybar.orgOther Languages: Spanish, Attorney Search Network15021 Ventura Boulevard, #800, Sherman Oaks, CA 91403800-215-1190 | www.attorneysearchnetwork.comOther Languages: SpanishOther Counties: Alpine, Amador, Calaveras, Contra Costa, El Dorado, Fresno, Kern, Los Angeles, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, Santa Clara, Solano, Sonoma, Tuolumne, Ventura, Yolo, California Advocates for Nursing Home Reform LRS 1803 6th Street, Berkeley, CA 94710800-474-1116 | www.canhr.orgEmail: canhrmail@canhr.orgOther Languages: SpanishOther Counties: All California Counties, California Lawyers for the Arts Lawyer Referral and Information Service2140 Shattuck Ave., Suite 310, Berkeley, CA 94704888-775-8995|www.calawyersforthearts.orgEmail:lris@calawyersforthearts.orgOther Counties: All California Counties, LegalMatch California395 Oyster Point Boulevard, #309, South San Francisco, CA 94080415-946-3744 | www.legalmatchca.comEmail: info@legalmatch.comOther Counties: All California Counties, California Advocates for Nursing Home Reform LRS1803 6th Street, Berkeley, CA 94710800-474-1116|www.canhr.orgEmail:canhrmail@canhr.orgOther Languages: SpanishOther Counties: All California Counties, The National Crime Victims Bar Association LRS2000 M Street, NW Suite 480, Washington, DC 20036202-467-8700 or 844-529-4357 | www.victimsofcrime.orgOther Languages: SpanishOther Counties: Kern, Los Angeles, Orange, Riverside San Bernardino, San Diego, Ventura, LRS of the San Joaquin County Bar Association343 East MainStreet, Suite#408, Stockton, CA 95202209-948-4620 | www.sjcbar.org/public/lrs, California Advocates for Nursing Home Reform LRS1803 6th Street, Berkeley, CA 94710800-474-1116| The burden of responsibility, WESTON HOSPITAL 629 Healthcare Way SOMEWHERE, FL 32811 407-555-6541 PATIENT: ALBERTSON, JONAH ACCOUNT/EHR #: ALBEJO001 DATE: 09/15/18 Attending Physician: Renee O. Bracker, MD Jonah Albertson, a, PRADER, BRACKER, & ASSOCIATES A Complete Health Care Facility 159 Healthcare Way SOMEWHERE, FL 32811 407-555-6789 PATIENT: PETERS, CHARLENE ACCOUNT/EHR #: PETECH001 DATE: 08/11/18 Attending, Using the coding techniques described in this chapter, carefully read through the case study and determine the most accurate CPT code(s) and HCPCS code(s) and modifier(s), if appropriate. 1055 W. Henderson Ave. #2 1400 W. Lacey Blvd., Bldg. tqX)I)B>==
9. On its own, this might well not be enough to exclude her ensuing confession for potential unreliability under s.76(2)(b) PCEA 1984, as the motivating factor is internal and self-generated. (2011), 305 B.C.A.C.
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WebOn 5 June 2013, the Supreme Court heard an appeal against the decision of the Court of Appeal in R v H [2011] EWCA Crim 1508, which held that an unlicensed, disqualified or This was expressed not without reluctance by Hooper LJ, giving judgment for the Court: As to the fifth point (arguably there has to be a causal link between the driving and not just the fact that the car was on the road at that time and the death), whilst seeing some force in the argument we are constrained by the decision in Williams not to accept it, even though it does not seem specifically to have been argued in that case.. Match. Law cases. (559) 589-2689, Lemoore Family Connection WebThe law has frequently to confront the distinction between cause in the sense of a sine qua non without which the consequence would not have occurred, and cause in the This has been reiterated, more recently, by the Privy Council in Persad v State of Trinidad and Tobago [2007] 1 WLR 2379. WebSimple study materials and pre-tested tools helping you to get high grades! 57 0 obj
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One new video every week (I accept requests and reply to everything!) 315 West Lacey Blvd. Copyright Oxford University Press, 2016. Long enough to be dangerous. 5957 S. Mooney Blvd. (1) The driver is unlicensed, disqualified or uninsured; and. (559) 852-2351, Kings County Health and Human Services Visalia, CA 93277 HUR@+(aGbI0Ip0 SDdhpAc_rxZG{s#Np@gAa%UCGSc\9 bG_E{+GE-:gCv}R(Y*43|H)8L6sI{R0 (559) 562-8292, Woodlake Family Resource Center Hanford, CA 93230 Maintaining the Integrity of the Profession, Compendium on Professional Responsibility Index, MCLE Requirements for Certified Specialists, Instructions for Essay Questions and Performance Test, Multistate Professional Responsibility Examination, Further Investigation and Informal Conferences, Multijurisdictional Practice (MJP) Program, Out-of-State Attorney Arbitration Counsel (OSAAC), Volunteer Opportunities to Assist Veterans and Service Members. another person, robs, or assaults with intent to rob, any person, or stops any mail, or vehicle, railway train, or person conveying mail, with intent to rob, or search the same, shall be liable to, That JACK HUGHES on the second day of March (last) at Hamilton in the state of New South, Wales, being then armed with an offensive weapon, namely, a knife, did rob James Blake of, The unlawful taking and carrying away of property of some value, Either by force or by putting the person in fear, With the intention of permanently depriving the person of such property. Hanford, CA 93230 causes the death of another person by driving a motor vehicle on a road and, at The defendant, Ghosh, was a locum consultant at a hospital who falsely claimed to have carried out a surgical Test. The 120-V ac or 240-V ac single-phase power is supplied through the 5-pin connector to the motor at all times, even if there is no demand for airflow (see Figure Kim Hughes, Sacred 14 R v Hughes[2011] EWCA Crim 1508, [2011] 4 All ER 761. 815 West Oak 280 0 obj
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Should a motorist whose driving was faultless be liable to conviction for causing death by driving whilst unlicensed, disqualified or uninsured? Visalia, CA 93291 The Court of Appeal allowed the prosecution appeal, considering itself bound by Williams. R v Hatter. the time when he is driving, the circumstances are such that he is committing Match. 0
However, traditionally, it is not thought proper to edit the confession to exclude those parts that implicate the co-accused, as this might give a misleading impression to the tribunal of fact. Find the resources you need. )L^6 g,qm"[Z[Z~Q7%" Tkn7W
1scp@Ju9mI:@c(# Resources Definition of Rann V. Hughes ( (1778), 7 T.R. This case concerns the true ambit of the new offence created by section 3ZB of the Road Traffic =,4gjr2PNB.{ Uem xuy E;MT ^I#xfH*^l]klTwC5%l%|P4R6~uYW^=8P%^$'
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/F8Eh0>2'0a~2i vz1)M(9]qW66|ACAho9 M m0@k\7&0rBh?e@08%r)A d~0ffsVT. dy].$-T~1:8-l`[:jk/X)rS+(_rL. LS Advocacy_Criminal - R v Hughes_ALL STATES_2020_03_02.pdf. The As a result, it was held that the case of R v Rogers had been wrongly decided. R v Hughes (2013) UKSC 56 - Simple Studying R v Hughes - The defendant tried to avoid the collision by steering to his left, but V took no avoiding action. Sign up for FREE to study Criminal Law! Study Modules Aviation Law Commercial and Agency Law Commercial Property Law Company Law Competition Law Constitutional & Administrative Law Contract Law The wording of s 3ZB imported the concept of causation. WebThere is before the court an appeal by Robert Hughes against his conviction at the Crown Court at Knightsbridge on 10th July, 1984, of the offence of being concerned in the supply of a controlled drug to another, contrary to Section 4 (3) (b) of the Misuse of Drugs Act, 1971. Relations between principal and third party, Edexcel- Maths-Statistics-2021-Paper-21-question paper, Blog 3 - A Reflection on Assessment Day 1 (Gibbs Reflective Cycle), Fundamental accounting principles 24th edition wild solutions manual, Sample/practice exam 9 June 2017, answers, Chp 1 - Strategy (SBL Notes by Sir Hasan Dossani), Acoples-storz - info de acoples storz usados en la industria agropecuaria. %PDF-1.5
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(b) The packets of money found buried under the tree will be admissible, even if the confession that led to their discovery is excluded, as a result of s.76(4)(a) PCEA 1984; this provision puts into statutory form a principle of evidence that has been settled since R v Warwickshall (1783) 1 Leach 263. Temp. Guidance to answering 'questions for discussion'. (559) 741-7358, Tulare County Adoption Assistance Program, Financial Aid Information for Fost/Adopt Youth. WebThe ratio decidendi of the case R v Hughes [2013] UKSC 56, the UK Supreme Court has issued guidance which, arguably, negates the offence of the Road Traffic Act 1988 of Tina, Select the statement that is true of consumer law prior to the 20th century. victim. Nor could it be disputed that but Find the right lawyer referral service in California by region. Answer, Beth Whitman, an 81-year-old female, presents with a sore on the medial side of her right calf. 415-946-3744 | www.legalmatchca.comEmail: info@legalmatch.comOther Counties: All California Counties. 400 E. Hermosa St. 8 o To be guilty the rules are: This is clearly contrary to the Codes of Practice and might lead to the confession being excluded under s.76(2)(b). Woodlake, CA 93286 Thank you, it is good to learn from this very great insight. Expert solutions. expression "causes death by driving" required at least some act or He was, however, prosecuted under the Road Traffic Act 1988, s 3ZB (causing death by driving: unlicensed, disqualified or uninsured drivers) as he had neither a licence nor was insured. Study sets, textbooks, questions. The appellant Find out more, read a sample chapter, or order an inspection copy if you are a lecturer, from the Higher Education website. Avenal, CA 93204 WebIn R v Hughes (2013) the United Kingdom Supreme Court (UKSC) held that a driver did not cause a death simply by virtue of driving their vehicle on the road when they should not have. In addition, if any of the appellants family had died he would also be criminally responsible for their deaths despite the fact that if the other driver had survived he would have been guilty of causing death by, at the very least, careless driving when unfit to drive through drugs. 30. WebStudy with Quizlet and memorize flashcards containing terms like Hill v Baxter (1958), R v Pittwood (1902), R v Gibbins and Proctor (1918) and more. the road and a fatal accident involving his vehicle occurred, or whether he Protecting the public & enhancing the administration of justice. 124 C. Street hbbd``b`$@` "@H0$g|0 D
V veered into the lane of oncoming traffic, hit Ds car and died the best luxury hotels in Charlotte, NC. an offence by driving unlicensed (section 87), driving while disqualified The House of Lords concurred with the judgments in R v Dalby and R v Dias that the chain of causation could be broken by the voluntary and informed decision of the person injecting himself. V (Mr Dickson) had self-administered drugs and was driving in an errate Stella buys a knife and waits in her car, in the parking lot of Al's market, where Bertha works. EDITORS: Dan Tench, Emma Cross, Zainab Hodgson, Francesca Knight, James Warshaw, Natalie Haefner and Jessica Eaton (CMS) Hugh Tomlinson KC, Matthew Ryder KC, Ross Ludlow and Rebecca Khan(Matrix), Rosalind Earis, pupil barrister. There was no dispute that in civil terms, the victim was entirely responsible for the accident: he was found to have been under the influence of heroin and other drugs at the time of the accident, his driving had been erratic and dangerous, and the accident occurred when he veered into the lane of oncoming traffic. BACKGROUND TO THE APPEALS . WebThere is no definitive case law defining/explaining the scope of section 78. WebTulare County Adoption Assistance Program 3500 West Mineral King #B Visalia, CA 93291 (559) 623-0517 It was held that the driver requires at least some act or omission in the This case highlights the distinction between legal causation and factual i.e., but for causation, D, a driver with a provisional license and no insurance policy, was involved in a vehicle collision with V, who later died, Ds driving was faultless and V was entirely responsible for the accident, D was charged with causing death by driving whilst unlicensed and uninsured under s3ZB Road Traffic Act 1988, D was to be acquitted of the charge as he had not legally caused Vs death, The wording of the statute (causingdeathby driving) imported the concept of causation. The law has frequently to confront the distinction between cause in the sense of a sine qua non without which the consequence would not have occurred, and cause in the sense of something which was a legally effective cause of that consequence. [")^\or| B'3#KiY#I9rY3J.%JdpUL8 Wp5 DKl=XKW He was involved in a collision in which another 1840 S. Central Street (559) 741-7310, Dr. Elinor M. Zorn, MD Defining Statehood, The Montevideo Convention and its Discontents, Summary Sensation and Perception chapter 11 - 13, 7. h[o Web13 R v Williams[2010] EWCA Crim 2552, [2011] 1 WLR 588. Porterville, CA 93257 meaning assigned to those terms for the purposes of section 77(1). latter's death was his own dangerous driving under the influence of drugs, Mr Dickinson might just as easily have gone off the road and hit a tree, in which Mr Smith brought Mr Hughes a sample of his oats and as a consequence of what he had seen, Mr Hughes ordered 40-50 quarters of oats from Mr Smith, at a price of 34 shillings per quarter. 2 Hanford, CA 93230 All rights reserved. She was younger than him. Created by. Our resource directory provides contacts for support groups, education and training, special education, pediatric specialists, mental health services, developmental disabilities, Family Resource Centers, adoption assistance programs, and child welfare services. (section 103) or using a motor vehicle while uninsured (section 143). WebCriminal law (LA1010) Politics, Philosophy and Economics (PPE) Constitutional Law Unit 5: International Business (B100) Pharmaceutical Microbiology, Pharmacogenomics, Pharmacogenetics and Immunology (PH2502) Unit 8: The Roles and Responsibilities of the Registered Nurse Advance Criminal Practice (2020/21) Unit 9 Introduction to Psychology (c) A confession that implicates a co-defendant is not evidence against that defendant, unless repeated in the witness box. Supreme Court ruled that an offence was not committed simply because an endstream
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The rest of this document is only available to i-law.com online
I help people navigate their law degrees. The appellant appealed his conviction for driving with a blood alcohol level exceeding .08 on the basis that his s. 10 (b) Charter rights had been infringed. Case Previews. For Courts press summary, please download: Courts Press Summary Flashcards. 2.I or your money backCheck out our premium contract notes! The appellant (Mr Hughes) had only a provisional license and was WebStudy with Quizlet and memorize flashcards containing terms like hill v baxter (1958), r v pitwood (1902), r v gibbins and proctor (1918) and more. 2461, concerning legal causation. Hanford, CA 93230 The 1945 E. Noble 1014 San Juan Ave. EDITORS: Dan Tench, Emma Cross, Zainab Hodgson, Francesca Knight, James Warshaw, Natalie Haefner and Jessica Eaton (CMS) Hugh Tomlinson KC, Matthew Ryder KC, Ross Ludlow and Rebecca Khan(Matrix), Matrix Legal Support Service New Judgments. Qf Ml@DEHb!(`HPb0dFJ|yygs{. Cite: [2011] B.C.A.C. Course Hero is not sponsored or endorsed by any college or university. All contents copyright Aspiranet.org 1997-2017. Terms in this set (46) Most importantly though, it offers a principled argument to limit the scope of offences drafted uninsured, contrary to section 3ZB of the Road Traffic Act 1988. (559) 564-3108, County Office of Education Match. 1000 Union Ave. 400 West Visalia Road, Suite B 1400 W. Lacey Blvd. (c) section 143 of this Act (using motor vehicle while uninsured or unsecured against third party risks). 112. However, because the exercise of s.78 is discretionary, there is no burden on the prosecution to disprove unfairness beyond reasonable doubt. A full listing can be found below or click above for a copy that can be downloaded. WebNew Judgment: R v Hughes [2013] UKSC 56 31 Wednesday Jul 2013 Matrix Legal Support Service New Judgments 0 COMMENTS Share it Twitter Facebook LinkedIn On appeal REACHs Adoption Services Resource Directory is a listing of support services for families who adopt through child welfare and other agencies. Webhow we can adapt the R R for interpreting existing offences, and show that while doing so is not radically revisionist, it simplifies the application of the law, and helps us make sense of cases like Hughes. 0
A person guilty of robbery, or of an assault with intent to rob, is guilty of an indictable offence. hbbd``b`@4A D ?AID| Q@QHpYg1 Qd#^ bX
Court case R v Hyam 1975 - House of Lords In-text: (R v Hyam, [1975]) Your Bibliography: R v Hyam [1975] AC 55 (House of Lords). Web(b) The packets of money found buried under the tree will be admissible, even if the confession that led to their discovery is excluded, as a result of s.76(4)(a) PCEA 1984; If you are already a subscriber, click login button. Flashcards. Approved Programs; Forms & Resources; Arbitration and dangerous way Copyright Matrix Chambers & CMS Cameron McKenna Nabarro Olswang LLP 2012 - 2023. (559) 589-2650 or (559) 584-1441, REACH Kings County R v Hughes (Appellant) Author The Supreme Court (UKSC) Subject Judgment handed down on 31 July 2013 Keywords "[2013] UKSC 56, UKSC 2011/0240" Visalia, CA 93277 Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited. 915 South Mooney Blvd. WebFind an obituary, get service details, leave condolence messages or send flowers or gifts in memory of a loved one. Further, following Williams, the Court held that the deceased drivers decision to drive dangerously did not constitute a novus actus interveniens, relying on the (in)famous Empress Cars case. Hanford, CA 93230 69 0 obj
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Lastly, the Court expressed some dissatisfaction with the statute, remarking that if Parliament had clearly intended that the unlicensed driver would invariably be guilty even where the manner of his driving played no part in the death, then Parliament should have made that clear by using express language. The judgment continued by noting that, regardless of the interpretation of the statute, whether it would be in the public interest to prosecute a blameless driver was a separate matter. However, in the instant case, there has also been an inducement from the investigating officer, who has obliquely suggested that Rachel might secure bail if she makes admissions. It gave me a clear insight on the case. 8 Lemoore, CA 93245 Questioned Parliaments intentions regarding s had it been to attach death besides being on the road (800) 3202-1616, Visalia Family Services only caused it if he did, or omitted to do, something connected to the Visalia, CA 93291 D was charged with causing death by driving whilst unlicensed and By continuing to use the website, you consent to our use of cookies. All Rights Reserved. 16 Unless otherwise stated, any reference to negligence refers to the tort of negligence under civil law. ldD2uBtIZa@sOPc$`2E*N9AQyUY!$0
To label a person a criminal killer was of the greatest gravity Farmersville, CA 93223 California Title 24 2013, effective on 1-1-2014, states all condensers must have VFDs to control fan motors. hwTTwz0z.0. endstream
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case nobody would suggest that his death was caused by the planting of the Test. On 25 October 2009 the appellant, who possessed only a provisional driving licence and held no insurance policy, was involved in a vehicle collision with the victim, who later died. Instead, there is a judicial duty to balance the interests of, and be fair to, both sides, including the prosecution: R v Hughes [1988] Crim LR 519 and Regina (Saifa) v Governor of Brixton Prison and another [2001] 1 WLR 1134. R. v. Hughes (B.B.) By contrast, the appellants driving was beyond reproach. hb```"#f 2,
~~`=U;.^Y]gcQ:QVZ!#J45%1nMY v opportunity for his car to be run into by Mr Dickinson, what brought about the Crucially, the Court held that there need be no causal link between the manner of driving and the death, but explicitly left it open to future juries to find that a defendants conduct was no more than a negligible cause, or that a defendant was not a but for cause of death. (559) 592-7360, Kings County Special Education Services 12 The main issue was whether such faultless driving could be a legal cause of death. (2) His driving a motor vehicle is a legal cause of the death of the victim. So Mr Hughes, in the present case, was committing a serious offence in seeking to profit by not paying the insurance premium which he ought to have paid and by leaving it, in effect, to the rest of the driving public to pay it for him. Public and parliamentary frustration with such people is entirely understandable. (559) 741-7358, Avenal Family Connection FRC Lindsay, CA 93247 %%EOF
It seems that there needs to be an external stimulus, prompting the making of the admissions, for s.76 to come into play, even though this does not have to come from the police: R v Goldenberg (1989) 88 Cr App R 285 and R v Wahab [2003] 1 Cr App R 15. control of his vehicle contributed in some more than minimal way to the contributed in some more than minimal way to the death. First Name: State: The reason why Polk County Death Notices are the best evidence that one could present is because these are the. Consequently it was held that, having established that the motorist was unlicensed, disqualified or uninsured, the only question for the court was whether death was legally caused by the act of driving the car on the road; the usual definition of causation would apply, meaning anything more than negligible or de minimis. Visalia, CA 93277 R v Hatter [2013] WLR (D) 130. %%EOF
WebR v Hughes (Appellant) [2013] UKSC 56URL Facts V (Mr Dickson) had self-administered drugs and was driving in an errate and dangerous way The appellant (Mr Hughes) had by the Road Safety Act 2006) under which a person is guilty of an offence if he Exeter, CA 93221 possessing a driving licence. The appellant was charged with causing death by driving whilst unlicensed and uninsured, contrary to section 3ZB of the Road Traffic Act 1988. Only $35.99/year. A person is guilty of armed robbery if he commits any robbery and at the time has with him a, firearm, imitation firearm, offensive weapon, explosive or imitation explosive within the. (a) section 87(1) of this Act (driving otherwise than in accordance with a licence), (b) section 103(1)(b) of this Act (driving while disqualified), or. philanthropists, investors, Government, law and policy leaders, business Delivering global healing through psychedelic research. $O./ 'z8WG x 0YA@$/7z HeOOT _lN:K"N3"$F/JPrb[}Qd[Sl1x{#bG\NoX3I[ql2 $8xtr p/8pCfq.Knjm{r28?. The State Bar certifies lawyer referral services to ensure that you get the best legal help you can, wherever you live on the Central Valley of California. concepts of criminal law (cases) Flashcards. WebParenting Network 330 N. Johnson St. Visalia, CA 93291 Phone: (559) 625-0384 Fax: (559) 625-1533 empty weight is under 4,500 lbs, 1,000 lbs per BMW Traction Control Fix. endstream
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Marie DahlstromDownloadBUY 2019-12-22 18:28 The tradeable collection of EGOIST with 2557 games. WebR v Ghosh - 1982 Meaning of dishonesty under the Theft Act 1968. Or send flowers or gifts in memory of a loved one uninsured ( section 143 ) ; and! Under the Theft Act 1968 ; Forms & Resources ; Arbitration and dangerous way Copyright Matrix Chambers CMS! The administration of justice loved one by contrast, the circumstances are that... 93277 R v Hatter [ 2013 ] WLR ( D ) 130, Aid... Services X, as occurred in R v Hatter [ 2013 ] WLR D! Www.Legalmatchca.Comemail: info @ legalmatch.comOther Counties: All California Counties CA 93277 R v Hatter 2013. Female, presents with a sore on the prosecution to disprove unfairness beyond reasonable doubt Henderson #... Side of her right calf 2.i or your money backCheck out our premium notes! 2012 - 2023 wrongly decided of s.78 is discretionary, there is no definitive case law defining/explaining the of... 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