What is the Majewski rule?

DPP v Majewski [1976] UKHL 2 is a leading English criminal law case, establishing that voluntary intoxication such as by drugs or alcohol is no defence to crimes requiring only basic intent. The mens rea requirement is satisfied by the reckless behaviour of intoxicating oneself.

What are the Majewski rules?

Public Activity: The Decision of the House of Lords. The House of Lords ruled that voluntary intoxication could not be a defence for basic intent crimes, as seen in Majewski's case. However, it clarified that voluntary intoxication could serve as a defence for specific intent crimes in certain situations.

What happened in RV Majewski?

Legal Case Summary

The appellant (M) was convicted following a brawl in a pub in which he assaulted the landlord and customers and the police officers who arrested him. His defence was that he was under the influence of drink and drugs at the time. The judge directed the jury that this was an invalid defence.

What is the de minimis rule in criminal law?

What does De Minimis mean? De minimis is a legal principle which allows matters of insufficient importance or small scale to be exempted from a rule or requirement.

What is the 7.4 criminal procedure rule?

Summons, warrant and requisition

7.4. —(1) A summons, warrant or requisition may be issued in respect of more than one offence. (i)the court that issued it, unless that is otherwise recorded by the court officer, F1... (d)in the case of a requisition, identify the person under whose authority it is issued.

[Case Law Criminal] [basic intent # intoxication] DPP v Majewski [1977] AC 443 (HL)

What is the 25.5 criminal procedure rule?

Application to vacate a guilty plea

25.5. —(1) This rule applies where a party wants the court to vacate a guilty plea. (ii)the prosecutor. (d)indicate whether legal professional privilege is waived, specifying any material name and date.

What is a section 9 statement?

A witness statement to be used as written evidence in criminal proceedings under section 9 of the Criminal Justice Act 1967 (section 9 witness statement), commonly used in anti-counterfeiting cases to provide evidence that the products in issue are counterfeit.

What is the meaning of novus actus interveniens?

It is a Latin phrase which means there will be appearance of a new act or event in the causal chain between initial event, in a sequence and the result causing a break in the continuity of the same.

What is the De Maximis clause?

The De Minimis and De Maximis Claims clause sets thresholds for the minimum and maximum amounts that can be claimed under a contract.

What is section 47 of the criminal code?

S47 Thresholds and the Multi-agency Assessment

There is reasonable cause to suspect that a child is suffering or likely to suffer significant harm in the form of physical, sexual, emotional abuse or neglect; Following an EPO or the use of police powers of protection is initiated [1].

Is drunken intent still intent?

Sometimes intoxication is included as a capacity defence, but intoxication really is not a defence at all: This issue is one of intent. The general maxim is that drunken intent is still intent, even if D would not have intended such an act/consequence if he were sober.

What is the law of the Cunningham case?

Cunningham (1957) is an English Court of Appeal ruling that clarified that indirect, not reasonably foreseeable consequences to a totally distinct, reprehensible, even "wicked" activity would not be considered "malicious" where that is set out as the mens rea for a particular offence.

What is an example of a mens rea?

Mens rea goes to your intent, your mind, your brain, when you do an action. For example, in criminal cases the majority of criminal crimes constitute an intent, you must prove that the person intended to do that which he did. For example, if I punched someone in the face and I intended to do that, that's a crime.

What is the Dutch courage rule?

Dutch courage

While generally an intoxicated individual cannot form specific intent to perform a crime, an exception to this rule is provided by the case of A-G for Northern Ireland v Gallagher.

Do you need mens rea for abh?

⇒ For there to be an assault occasioning ABH you must first demonstrate there was either an assault or battery. ⇒ Both the mens rea and actus reus of the assault or battery must be shown.

What is Section 24 of the criminal law?

The power of arrest conferred by s. 24 is exercisable only if the police had reasonable grounds to believe any of the reasons mentioned above or it is necessary to arrest the person in question. The reasons for an arrest being necessary include: to enable the name of the person to be ascertained.

Does de minimis still apply to the UK?

Overview. From 29 August 2025, the United States removed the $800 de minimis threshold for commercial shipments. This change affects the vast majority of UK businesses exporting low-value goods to the United States, including items that were previously exempt from tariffs and duties.

What is a longstop clause?

A clause which specifies a deadline (sometimes referred to as a long-stop date) on which the contract will automatically terminate if a condition precedent has not been satisfied or waived.

What is a tipping basket?

A tipping basket is a threshold set so that when the buyer's losses exceed it, the seller is liable for the total number of the losses.

What is the thin skull rule?

A common example is where a person has an unusually thin skull due to a medical condition. If that person suffers a severe head injury in an accident caused by someone else, the defendant is fully liable for the harm, even if most people would not have been seriously injured under the same circumstances.

What is the meaning of lex loci actus?

: the law of the place where an act is done or a transaction takes place.

What is the meaning of Nemo Judex in causa sua?

Nemo judex in causa sua (IPA: [ˈne. mo ˈju. dɛks in ˈkau̯. sa ˈsua]; also written as nemo [est] judex in sua causa, in propria causa, in re sua or in parte sua) is a Latin brocard that translates as "no one is judge in his own case".

Can I refuse to give a statement to the police in the UK?

You don't have to give a statement but you might still be asked to go to court and say what you know.

What is a section 17 statement?

Section 17 of Children Act 1989 states that the local authority has a responsibility towards children 'in need' in their area. It is a form of support (accommodation and money) available from social services and is available to everyone, including to families who have NRPF.

What is a Section 37 statement?

Notwithstanding any rule of law relating to privilege or the public interest in relation to the production of documents, a person who made a decision that is the subject of an application for a review by the Tribunal- (a) shall, within the prescribed time after receiving notice of the application, lodge with the ...