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Devlin v Armstrong

Hi.
My lector "forced" me to write down the facts about Devlin v Armstrong (1971). However, I can hardly find any. All I know is that it deals with some kind of self-defence. Apparently, the charge was of riot and, I guess, it took place in Northern Ireland. I even wounder about the parties involved. Where is the Crown or the DPP?
Does someone know the fact concerning this case?

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Reply 1
From Westlaw:

D was convicted of riotous behaviour and incitement to riotous behaviour in Londonderry by exhorting people to keep the police out of an area by violence and throwing a stone at the police herself. The defence was one of justification, it being submitted that D honestly and reasonably believed that the police were about to behave unlawfully. On appeal, held, that such a belief did not afford D a defence in that (1) D and the persons incited had a common purpose to exclude the police by force; (2) the danger which D was alleged to have anticipated was not sufficiently specific or imminent to justify her actions; (3) the force used by D was so excessive as to be unwarrantable; (4) as regards incitement, there was no evidence to show that those incited by D to riot were actuated by an honest and reasonable apprehension of unlawful violence by the police and her incitements were therefore directed to encourage others to do what for them was prima facie unlawful; (5) the right to do otherwise unlawful acts could not justify action against a lawfully constituted constabulary while acting as such in the exercise of its proper functions; (6) there was no sufficient relationship between D and the people incited, to justify her acting in their defence; (7) the common law duty imposed on all citizens to help in suppressing riots and to assist the constabulary, made it impossible for D to justify her conduct in encouraging rioters.
Reply 2
Thanks a lot for this quick answer. If I got it right D was a femal. So who is Armstrong?
How can I register to Westlaw?
Do you know something aber Malnik (1989)? - Another case I have to prepare for tomorrow.
Reply 3
You should be registered automatically for Westlaw and/or Lexis - these are online legal databases.
Reply 4
You should be able to access Westlaw if you have an Athens password. Most students do.
Reply 5
kingslaw
From Westlaw:

D was convicted of riotous behaviour and incitement to riotous behaviour in Londonderry by exhorting people to keep the police out of an area by violence and throwing a stone at the police herself. The defence was one of justification, it being submitted that D honestly and reasonably believed that the police were about to behave unlawfully. On appeal, held, that such a belief did not afford D a defence in that (1) D and the persons incited had a common purpose to exclude the police by force; (2) the danger which D was alleged to have anticipated was not sufficiently specific or imminent to justify her actions; (3) the force used by D was so excessive as to be unwarrantable; (4) as regards incitement, there was no evidence to show that those incited by D to riot were actuated by an honest and reasonable apprehension of unlawful violence by the police and her incitements were therefore directed to encourage others to do what for them was prima facie unlawful; (5) the right to do otherwise unlawful acts could not justify action against a lawfully constituted constabulary while acting as such in the exercise of its proper functions; (6) there was no sufficient relationship between D and the people incited, to justify her acting in their defence; (7) the common law duty imposed on all citizens to help in suppressing riots and to assist the constabulary, made it impossible for D to justify her conduct in encouraging rioters.


Im suddenly scared of doing a law degree
Reply 6
You'll be fine; you just need to get used to the pompous-ish style of writing.
Reply 7
supervin
You'll be fine; you just need to get used to the pompous-ish style of writing.


:frown: *cries to herself*.. maybe i should have done history!
Annik
Im suddenly scared of doing a law degree


Have you seen reports such as this?
Reply 9


Erm...

That's the wrong case...
Reply 10
Annik
Im suddenly scared of doing a law degree


*pets*

I'm afraid that's what it's like... you'll get used to the new language quickly though :smile:
muncrun
That's the wrong case...


Show me where I said it was the same case...
Reply 12



well that looks waaaaay too long and boring to read :embarasse
Reply 13
MissAmy
*pets*

I'm afraid that's what it's like... you'll get used to the new language quickly though :smile:


Im actually afraid ill b too drunk during my uni years to notice the new language...
Reply 14
NDGAARONDI
Show me where I said it was the same case...


Of course. Let's have a look at the URL of your link:

htt p://w ww.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Crim/1997/739.html&query=devlin+armstrong&method=all

If you look closely you can see "devlin" and "armstrong" buried in there. That seems pretty conclusive evidence that you had run a search for a Devlin v. Armstrong. One assumes that you weren't trying to find a different case of the same name.
Reply 15
Haha! And that isn't a long case by any standards I'm sorry to report!
Reply 16
UCL_Law
Haha! And that isn't a long case by any standards I'm sorry to report!



REALLY SHOULD HAVE APPLIED FOR HISTORY!!
muncrun
If you look closely you can see "devlin" and "armstrong" buried in there. That seems pretty conclusive evidence that you had run a search for a Devlin v. Armstrong. One assumes that you weren't trying to find a different case of the same name.


Inconclusive. You will note that although I was originally searching for that case on BAILII I thought I'd try and get the cloest match. It is obvious that the two cases are not the same by looking at their citations. It's quite obvious.
Reply 18
And it's quite obvious that your talking BS in order to get yourself out of your sticky situation!
Reply 19
NDGAARONDI
Inconclusive. You will note that although I was originally searching for that case on BAILII I thought I'd try and get the cloest match. It is obvious that the two cases are not the same by looking at their citations. It's quite obvious.


So what were you trying to demonstrate?