Regina -v- Belli; CACD 20-Oct-2003

The defendant, a drug addict, had been arrested and released on bail for a series of offences. He appealed against a sentence of two years and nine months. The court rejected a suggestion that he might be made the subject of a Drug Treatment and Testing Order (DTTO) despite a report that he was a suitable candidate, saying only a prison sentence was appropriate.
Held: ‘it is incumbent upon a sentencer to give proper consideration to the making of a DTTO and not to reject that course simply because a custodial sentence would otherwise have been appropriate. Nor should it be thought that the option will cease to be available simply because of the scale of the offending. ‘ It was not the worst case of its kind and it was an attack upon unoccupied premises. Having regard to the additional material available to the court the balance was now decisively in favour of allowing the appeal.

Court: CACD
Date: 20-Oct-2003
Judges: Mr Justice Elias Lord Justice Mantell Mr Justice Jack
Statutes: Powers of Criminal Courts (Sentencing) Act 2000 52
Links: Bailii,
References: [2003] EWCA Crim 2752,
Cases Cited:

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Regina -v- Morris (HL); CACD 4-Aug-2000

The guidance given to crown prosecutors on the procedures for establishing the values of drugs for sentencing purposes no longer reflects the decisions of the Court of Appeal. In cases involving the importation of drugs of more than 500 grams the drugs must be tested to establish the purity of what was found, and the court would be invited to consider sentencing on the basis of the quantity and at 100 per cent purity. The purity of drugs supplied in tablet form such as LSD and ecstasy can continue to be dealt with on assumptions about the proportion of active content.

Court: CACD
Date: 04-Aug-2000
Links: Times,
References:

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Regina -v- J; CACD 4-Jul-2000

It does not necessarily follow from the mere possession of drugs that a person is not a mere minder or custodian

Court: CACD
Date: 04-Jul-2000
Judges: Lord Woolf of Barnes LCJ, Rougier, Bell JJ
Statutes: Drug Trafficking Act 1994 2
Links: Bailii,
References: [2000] EWCA Crim 115, [2001] 1 Cr App R (S) 79
Cited By:
  • Mackle, Regina -v-, SC, Cited, (Bailii, [2014] UKSC 5, [2014] 1 AC 678, [2014] 2 Cr App R (S) 33, [2014] NI 292, [2014] 2 All ER 170, [2014] 2 WLR 267, [2014] Lloyd's Rep FC 253, [2014] WLR(D) 40, WLRD, Bailii Summary, UKSC 2012/0045, UKSC 2012/0044, UKSC 2012/0043, UKSC 2012/0041, SC, SC Summary)

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Regina -v- Campbell (Tony); CACD 1991

The defendant appealed his conviction for attempting to rob a sub post office. He had been seen earlier by police lurking in the vicinity wearing a crash helmet and sunglasses. He returned after a short time, without the sunglasses but carrying an imitation gun, and also a threatening note, which he intended to pass over to the cashier as part of a demand for money. He was stopped within a yard of the post office when he was arrested. He had admitted his intention to rob.
Held: His appeal succeeded. The acts completed were still only preparatory to the offence. In directing a jury on attempt it is unnecessary to direct them with reference to the law obtaining before the 1981 Act.
Watkins LJ said: ‘In order to effect a robbery it is equally beyond doubt it would have been quite impossible unless obviously he entered the post office, gone to the counter and made some kind of hostile act -directed, of course, at whoever was behind the counter and in a position to hand him money. A number of acts remained undone and the series of acts which he had already performed – namely, making his way from his home where he commenced to ride his motor cycle on a journey to a place near a post office, dismounting from the cycle walking towards the post office door – were clearly acts which were, in the judgment of this court, indicative of mere preparation even if he was still of a mind to rob the post office, of the commission that is of the offence of robbery. If a person, in circumstances such as this, has not even gained the place where he could be in a position to carry out the offence, it is extremely unlikely that it could ever be said that he had performed an act which would properly be said to be an attempt.’

Court: CACD
Date: 01-Jan-1991
Judges: Watkins LJ
Statutes: Criminal Attempts Act 1981 3
References: [1991] 93 Cr App R 350,
Cited By:

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Williams -v- Williams; HL 27-Jun-1963

The House was asked whether an insane person can be held to have treated his wife (or her husband) with cruelty.

Court: HL
Date: 27-Jun-1963
Judges: Lord Reid, Lord Evershed, Lord Morris of Borth-y-Gest, Lord Hodson, Lord Pearce
Links: Bailii,
References: [1963] UKHL 6,

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Filed under Family

Regina -v- Mitchell and King; CACD 16-Sep-1998

A defendant would sufficiently disassociate himself from a violent joint enterprise by communicating his withdrawal to the co-accused, only when the violent element was not pre-planned. Otherwise it was not sufficient merely to withdraw.

Court: CACD
Date: 16-Sep-1998
Links: Times, Gazette,
References:
Cases Cited:

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Mitchell and Another, Regina -v-; CACD 4-Nov-2008

The appellant challenged their convictions as ancillary parties to a murder, particularly as to the joint enterprise direction. There had been a scuffle outside a pub. The appellant went away with others to a nearby house, and returned with them after they had armed themselves with a knuckleduster and CS sprays after which the attack was resumed and the death ensued.
Held: The issue was as to whether the incidents should be seen as two or as one. The defendant was part of the first. The judge had directed that the defendant had to have given some overt indication of her withdrawal. The direction was correct and the appeal failed.

Court: CACD
Date: 04-Nov-2008
Links: Bailii,
References: [2008] EWCA Crim 2552,
Cases Cited:

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Irwin Mitchell -v- Revenue & Customs Prosecutions Office and Allad; CACD 30-Jul-2008

The solicitors had been paid funds on account of their fees in defending the client. By the time a freezing order was made under the 2002 Act in respect of his assets, the firm’s fees exceeded the amount held. The court was asked what was to happen to the funds. The solicitors had not yet delivered an account. The court had said it had no jurisdiction to alter the order to allow the fees to be used in this way. The solicitors said that the client no longer had any beneficial interest in the money.
Held: The solicitors were free to deliver an account and to apply the fees in payment of it.
Toulson LJ said: ‘the £5000 was paid and received for a single identified purpose, namely payment of Irwin Mitchell’s fees as and when they had earned them. If they had used the fund for any other purpose, without Mr Allad’s informed consent, they would have committed a breach of trust. And until they had earned that level of fees, they were bound to hold the money on Mr Allad’s behalf. Once they had earned that amount in fees, the value of Mr Allad’s interest in the fund was reduced to nil. In order to protect a client from a solicitor transferring funds from the solicitor’s client account to office account in payment of his fees when such fees have not been properly incurred, the Solicitors Account Rules prescribe the steps which the solicitor must take. Those provisions govern the means of exercise of the solicitors’ contractual right to payment from the fund, which arose from the agreement and the work done. The bill, if properly served, reflects the solicitors’ entitlement to payment by virtue of the work done. Once they were entitled to payment of that sum, Mr Allad’s ‘interest’ in the relevant account became literally nominal; that is to say, the account bore his name, but he no longer had any interest of substance in it. It is important to distinguish between substance and form.’
The RCPO’s argument as to how a firm might aid and abet a criminal were not to the point. The sum requested and prospective bill were proper.

Court: CACD
Date: 30-Jul-2008
Judges: Toulson LJ, Jack J
Statutes: Proceeds of Crime Act 2002 40 41, Solicitors Account Rules 1998 19(2)
Links: Bailii,
References: [2008] EWCA Crim 1741, [2009] 3 All ER 530, [2009] 1 Cr App R 284, [2009] 1 WLR 1079
Cases Cited:

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Filed under Criminal Practice, Legal Professions

Sivaraman, Regina -v-; CACD 24-Jul-2008

The manager of a service station had accepted deliveries of ‘off road’ diesel on behalf of his employer, who had then sold it on without payment of duty. The judge had felt constrained (‘contrary to his commonsense view of the true benefit’) to conclude that the manager who had been paid £15,000 by his employer for his participation had jointly benefited in the total amount of duty evaded, amounting to £128,520, and he made an order in that sum. The manager appealed.
Held: The judge was not so obliged. The manager had not received the diesel as a joint trader but as an employee. Toulson LJ said: ‘[W]hen considering questions of confiscation the focus of the enquiry is on the benefit gained by the relevant defendant, whether individually or jointly.’, and ‘Where two or more defendants obtain property jointly, each is to be regarded as obtaining the whole of it. Where property is received by one conspirator, what matters is the capacity in which he receives it, that is, whether for his own personal benefit, or on behalf of others, or jointly on behalf of himself and others. This has to be decided on the evidence: Green, para 15. By parity of reasoning, two or more defendants may or may not obtain a joint pecuniary advantage; it depends on the facts.’

Court: CACD
Date: 24-Jul-2008
Judges: Toulson LJ
Links: Bailii,
References: [2008] EWCA Crim 1736, [2009] 1 Cr App R (S) 80
Cited By:
  • Basso and Another -v- Regina, CACD, Cited, (Bailii, [2010] EWCA Crim 1119, 200904121 B5, [2011] 1 Cr App R (S) 41, [2011] Lloyd's Rep FC 25)
  • Mackle, Regina -v-, SC, Cited, (Bailii, [2014] UKSC 5, [2014] 1 AC 678, [2014] 2 Cr App R (S) 33, [2014] NI 292, [2014] 2 All ER 170, [2014] 2 WLR 267, [2014] Lloyd's Rep FC 253, [2014] WLR(D) 40, WLRD, Bailii Summary, UKSC 2012/0045, UKSC 2012/0044, UKSC 2012/0043, UKSC 2012/0041, SC, SC Summary)

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James, Regina -v-; Regina -v- Karimi; CACD 25-Jan-2006

The defendants appealed their convictions for murder, saying that the court had not properly guided the jury on provocation. The court was faced with apparently conflicting decision of the House of Lords (Smith) and the Privy Council (Holley).
Held: ‘The rule that this court must always follow a decision of the House of Lords and, indeed, one of its own decisions rather than a decision of the Privy Council is one that was established at a time when no tribunal other than the House of Lords itself could rule that a previous decision of the House of Lords was no longer good law. Once one postulates that there are circumstances in which a decision of the Judicial Committee of the Privy Council can take precedence over a decision of the House of Lords, it seems to us that this court must be bound in those circumstances to prefer the decision of the Privy Council to the prior decision of the House of Lords. That, so it seems to us, is the position that has been reached in the case of these appeals. ‘ The decision in Holley was convincing, and preferred. The appeals were dismissed.

Court: CACD
Date: 25-Jan-2006
Statutes: Homicide Act 1957 3
Links: Bailii,
References: [2006] EWCA Crim 14, Times, 14-Feb-2006
Cases Cited:
Cited By:

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Regina -v- Altham; CACD 24-Jan-2006

The defendant appealed his conviction for the possession of cannabis. He said that it was necessary for him to use the drug to alleviate the pain he suffered following an accident. He said that the refusal to allow that defence infringed his article 3 rights.
Held: He was not entitled to raise the plea of necessity in defence. The state had done nothing to subject him to inhuman ordegrading treatment. The defendant has subsequently been prescribed treatment which satisfied the need he had.

Court: CACD
Date: 24-Jan-2006
Judges: Scott Baker LJ, Ramsey J, griffith Willams QC J
References: Times, 01-Feb-2006,

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Thompson -v- Mitchell; CACD 23-Aug-2004

The defendant appealed a sentence for contempt of court. The judge had imposed a sentence, and then stated that he was not to be released before a particular date.
Held: The court was not free to impose such a condition. Calculation of release dates was governed by statute, which in this case allowed the defendant fifty per cent remission, and the Home Secretary was obliged to release him in accordance with those calculations. The appeal was allowed so as to drop the limiting words.

Court: CACD
Date: 23-Aug-2004
Judges: Keene LJ, Wall LJ
Statutes: Criminal Justice Act 1991 33
Links: Bailii,
References: Times, 13-Sep-2004, [2004] EWCA Civ 1271

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Filed under Contempt of Court, Criminal Sentencing

Johannes, Regina -v-; CACD 5-Dec-2001

Court: CACD
Date: 05-Dec-2001
Links: Bailii,
References: [2001] EWCA Crim 2825, [2002] 2 Cr App R (S) 109
Cited By:
  • May, Regina -v-, HL, Cited, (Bailii, [2008] UKHL 28, Times 15-May-08, [2008] 2 WLR 1131, HL, [2008] 1 AC 1028)
  • Mackle, Regina -v-, SC, Cited, (Bailii, [2014] UKSC 5, [2014] 1 AC 678, [2014] 2 Cr App R (S) 33, [2014] NI 292, [2014] 2 All ER 170, [2014] 2 WLR 267, [2014] Lloyd's Rep FC 253, [2014] WLR(D) 40, WLRD, Bailii Summary, UKSC 2012/0045, UKSC 2012/0044, UKSC 2012/0043, UKSC 2012/0041, SC, SC Summary)

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Regina -v- Raynor; CACD 19-Sep-2000

A statement in the form of a translation of the witness’s evidence to the interpreter was not the statement of the witness. The statement should be provided in the witness’s original words, and a translation then made. In this case however no prejudice had occurred.

Court: CACD
Date: 19-Sep-2000
Links: Times,
References:
Cited By:

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Regina -v- Lambert; Regina -v- Ali; Regina -v- Jordan; CACD 14-Sep-2000

Each defendant was charged under a statute which provided a defence if they could prove a certain element. They complained that this was a breach of their human rights. The complaint was rejected. It would be wrong to impose a burden of proof on a defendant as regards a main element of a crime, but this may be permissible, where the burden lay on the defendant to establish some element of a special defence or exception. The courts should defer to the intention of Parliament. Such provisions could be justified objectively by reference to the particular nature of the offence. Woolf LCJ said: ‘it is important to start with the structure of the offences. If the defendant is being required to prove an essential element of the offence this will be more difficult to justify. If, however, what the defendant is required to do is establish a special defence or exception this will be less objectionable. The extent of the inroad on the general principle is also important. Here it is important to have in mind that article 6(2) is specifically directed to the application of the presumption of innocence of the ‘criminal offence’ charged. It is also important to have in mind that legislation is passed by a democratically elected Parliament and therefore the courts under the Convention are entitled to and should, as a matter of constitutional principle, pay a degree of deference to the view of Parliament as to what is in the interest of the public generally when upholding the rights of the individual under the Convention. The courts are required to balance the competing interests involved.’

Court: CACD
Date: 14-Sep-2000
Judges: Lord Woolf CJ
Statutes: Misuse of Drugs Act 1971, Homicide Act 1957, Human Rights Act 1998
Links: Gazette,
References: [2001] 2 WLR 211,
Cases Cited:
  • Regina -v- Lambert, HL, Appealed to, (Times 06-Jul-01, Bailii, House of Lords, Gazette 31-Aug-01, [2001] 3 WLR 206, [2001] UKHL 37, [2002] 2 AC 545, [2002] 1 All ER 2, [2001] HRLR 55, [2001] 2 Cr App R 28, [2001] UKHRR 1074, [2001] 3 All ER 577)

Cited By:

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Regina -v- Bollingbroke; CACD 16-Aug-2000

Sentences of imprisonment are appropriate for those posting child pornography to the Internet. A sentence of two years was increased to three years. This applied even in the case of a distribution not for profit by someone of previous good character. The Internet is capable of allowing the widespread distribution of material. But sentences for possession and for distribution should not have been made consecutive, since the possession was part and parcel of the distribution.

Court: CACD
Date: 16-Aug-2000
Links: Times,
References:

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Regina -v- Mitchell; CACD 4-Sep-1998

Court sentencing for criminal damage by fire (arson) being reckless as to whether life endangered must allow for several factors; nature of premises; whether likely to be occupied; degree of planning; motive; direction at a particular individual etc.

Court: CACD
Date: 04-Sep-1998
Links: Times,
References:

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Regina -v- Mitchell; CACD 2-Dec-1994

J need not direct Jury on diminished responsibility defences in any particular order.

Court: CACD
Date: 02-Dec-1994
Statutes: Homicide Act 1951 2(1)
Links: Times,
References:

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Filed under Criminal Practice

Regina -v- Campbell; CACD 14-Jul-1994

The judge is to give the jury a warning as to the strength and reliability of a handicapped person’s statement made in the absence of an appropriate adult, unless the case was strong without it.

Court: CACD
Date: 14-Jul-1994
Statutes: Police and Criminal Evidence Act 1984 77
Links: Times, Ind Summary,
References:

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Regina -v- Gill; CACD 21-Jul-2000

When a defendant was silent, it was necessary for the court to be especially careful to give precise and accurate directions on the effect of such silence as to the drawing of adverse inferences. Having answered questions on some aspects, it was not possible for the court to separate out the issues safely so as to allow an adverse inference to be drawn, and the judge’s directions failed properly to identify clearly all six issues as required in R v Argent

Court: CACD
Date: 21-Jul-2000
Statutes: Criminal Justice and Public Order Act 1994 33
Links: Times, Bailii,
References: [2000] EWCA Crim 49, [2001] 1 Cr App R 11
Cases Cited:
Cited By:

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Filed under Crime, Criminal Practice

Regina -v- Croft; CACD 6-Jul-2000

A judge has no discretion other than to make an order with regard to the realisation and confiscation of the proceeds of drug trafficking offences. The Act gives the defendant several ways of displacing the assumptions to be made by the judge, but if the defendant failed to displace the assumptions, the court could not but choose to make the order.

Court: CACD
Date: 06-Jul-2000
Statutes: Drug Trafficking Act 1994 4
Links: Times,
References:

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Regina -v- C (A Minor); CACD 5-Jul-2000

A judge who had ordered the trial of an eleven year old boy in the Crown Court but in doing so had kept in mind the judgement in the cases of T v United Kingdom and V v United Kingdom, and had made appropriate adjustments to the proceedings, had acted properly within his discretion.

Court: CACD
Date: 05-Jul-2000
Links: Times,
References:

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Filed under Child Support, Criminal Practice, Human Rights

Regina -v- Bromiley; CACD 4-Jul-2000

Sentencing for child sex abuse should not be gender specific. A person appointed to have charge of children whilst in care, and who abused that by having sex with young boys with learning difficulties in her care must expect a severe jail sentence. Here a series of such acts justified a term of five years imprisonment.

Court: CACD
Date: 04-Jul-2000
Links: Times,
References:

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Regina -v- Campbell (James Alexander); CACD 18-Jul-1996

Guidelines were given for the imposition of enhanced sentences for violent/sexual offences.

Court: CACD
Date: 18-Jul-1996
Statutes: Criminal Justice Act 1991 2(2)(b)
Links: Times,
References:

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Bell, Regina v; CACD 19-Jan-2010

The defendant appealed against his conviction, saying that it had taken place only at the prosecution’s third attempt, the two earlier trials reaching no majority verdict. He said that the third trial was an abuse.
Held: There had been no abuse in holding the third trial. There had been differences in the ways both cases had been presented, but the defence had not been prejudiced. However: ‘the jurisdiction which permits a second re-trial after two jury disagreements in circumstances like the present must be exercised with extreme caution. The broad public interest in the administration of criminal justice leads us to the clear view that a second re-trial should be confined to the very small number of cases in which the jury is being invited to address a crime of extreme gravity which has undoubtedly occurred (as here) and in which the evidence that the defendant committed the crime (again, as here), on any fair minded objective judgment remains very powerful.’

Court: CACD
Date: 19-Jan-2010
Judges: Lord Judge, Lord Chief Justice, Mr Justice Simon and Mr Justice Royce
Links: Bailii, Times,
References: [2010] EWCA Crim 3,
Cases Cited:

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Bajwa and Others, Regina -v-; CACD 6-May-2011

The defendants appealed against confiscation orders

Court: CACD
Date: 06-May-2011
Judges: Aikens LJ, Irwin J, Roberts QC HHJ
Links: Bailii,
References: [2012] 1 WLR 601, [2012] 1 All ER 348, [2011] Lloyd's Rep FC 424, [2012] 1 Cr App R (S) 23, [2011] EWCA Crim 1093
Cited By:
  • Mackle, Regina -v-, SC, Cited, (Bailii, [2014] UKSC 5, [2014] 1 AC 678, [2014] 2 Cr App R (S) 33, [2014] NI 292, [2014] 2 All ER 170, [2014] 2 WLR 267, [2014] Lloyd's Rep FC 253, [2014] WLR(D) 40, WLRD, Bailii Summary, UKSC 2012/0045, UKSC 2012/0044, UKSC 2012/0043, UKSC 2012/0041, SC, SC Summary)

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Regina -v- Khan and Hanif; CACD 14-Mar-2008

Each defendant appealed against his conviction saying that the presence on the jury of certain people involved in the law gave the appearance of bias.
Held: The court should be made aware if any potential juror either is or has been a police or prison officer or worked with the CPS. The presence of such a person on a jury would not lead to an automatic assumption of the appearance of unfairness, but this would vary according to the case. A case involving the challenging of evidence given by police officers might require a different approach, but not where an officer had been involved in similar cases.

Court: CACD
Date: 14-Mar-2008
Judges: Lord Phillips of Worth Matravers, Lord Chief Justice, Sir Igor Judge, President, and Mr Justice Silber
Links: Bailii,
References: Times, 09-May-2008, [2008] EWCA Crim 531, [2008] 2 Cr App R 13, [2008] 2 Cr App R 161, [2008] 3 All ER 502, [2008] Crim LR 641
Cases Cited:
Cited By:

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Filed under Criminal Practice

Regina -v- Davis, Rowe, Johnson; CACD 17-Jul-2000

The court made a distinction between convictions found on appeal to be unfair, and those found to be unsafe. The prosecution had not disclosed to the defendants that the source of their information was a police informer. The European Court of Human Rights had found the procedure unfair. The national court must therefore discharge the defendants, but could not say they felt the defendants’ innocence had been established. The system of public interest immunity certificates had not itself been criticised by the European Court of Human Rights, and the system stood valid. Assessing the claim for a certificate in chambers would not deprive the applicant of his remedy. ‘The court is concerned with the safety of the conviction. A conviction can never be safe if there is a doubt about guilt. However, the converse is not true. A conviction may be unsafe even where there is no doubt about guilt but the trial process has been ‘vitiated by serious unfairness or significant legal misdirection’ as in Smith (Patrick and Others) and in Weir. Usually it will be sufficient for the court to apply the test in Stirland.

Court: CACD
Date: 17-Jul-2000
Links: Times, Times,
References:
Cases Cited:
Cited By:

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Filed under Crime, Criminal Evidence, Criminal Practice, Human Rights

Bell and Others -v- Regina; CACD 18-Jan-2011

Appeals against confiscation orders which had been made in respect of evaded duty on tobacco products smuggled into the United Kingdom for resale. The prosecution had wrongly claimed benefit in the sum of the evaded duty as a pecuniary advantage although (it transpired) the defendants could not in law be liable for it. The defendants had consented to confiscation orders in those sums. The prosecution now argued that because the defendants had consented to the orders, they were bound by them – it was for the defendants to spot the error and having not done so, leave to appeal should be refused.
Held: The submission was forthrightly rejected. Hooper LJ said that the arguments were neither convincing nor attractive: ‘In our view it would be a grave injustice not to grant leave in cases such as the present cases . . on the basis that there has been a previous misconception as to the state of the law, there would be a substantial injustice if we did not grant leave.’

Court: CACD
Date: 18-Jan-2011
Judges: Hooper LJ, Openshaw, Sweeney JJ
Links: Bailii,
References: [2011] EWCA Crim 6,
Cited By:
  • Mackle, Regina -v-, SC, Cited, (Bailii, [2014] UKSC 5, [2014] 1 AC 678, [2014] 2 Cr App R (S) 33, [2014] NI 292, [2014] 2 All ER 170, [2014] 2 WLR 267, [2014] Lloyd's Rep FC 253, [2014] WLR(D) 40, WLRD, Bailii Summary, UKSC 2012/0045, UKSC 2012/0044, UKSC 2012/0043, UKSC 2012/0041, SC, SC Summary)

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Filed under Criminal Sentencing

Regina -v- Stanford; CACD 1-Feb-2006

The defendant appealed his conviction for the unlawful interception of communications, saying that he was authorised to access the information he had obtained. He had instructed a junior employee to access emails by the use of an ID and password given to him by another senior employee.
Held: The appeal failed. The judge had taken from the Allison case that ‘right to contol’ within the subsection meant more than merely a right to access or operate a system. It mean the right to authorise or forbid the operation or the use of the system. He was correct. The object of the Act would be undermined if anyone with a generalised right of access could use that authority to access materials as he wished. The civil protections provided by the Act were and insufficient remedy on their own.

Court: CACD
Date: 01-Feb-2006
Judges: Lord Phillips of Worth Matravers LCJ, Cresswelll J, Openshaw J
Statutes: Regulation of Investigatory Powers Act 2000 1(2)
Links: Bailii,
References: [2006] EWCA Crim 258, [2006] 1 WLR 1554
Cases Cited:

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Gabriel, Regina -v-; CACD 2-Feb-2006

The appellant appealed convictions for possession of criminal property contrary to section 329(1)(c) of POCA. The police found him with sums of cash which the prosecution said were the proceeds of crime. After the jury had retired, the jury asked a question whether the regular buying and selling of goods to supplement the household income without declaring it constitute a criminal offence ‘given the declarations made on application for benefit (or lack of declaration to the Inland Revenue)’. The Recorder answered that ‘both matters can constitute a criminal offence provided that there is dishonesty on the part of the person concerned’.
Held: The appeal was allowed: ‘It is absolutely plain to me that in relation to any confiscation proceedings that may follow upon a conviction for cheating the Revenue, that the arguments advanced by the Crown in relation to the meaning of ‘criminal property’ would hold water. With regard to the money laundering count, awkward though it may be, it seems to me that the conclusions reached by Lord Justice Gage in Gabriel carry the day and that there is a fatal flaw in Count 12.
I will conclude that incomplete disclosure of takings cannot convert legitimate takings into criminal property as defined. Count 12 will therefore be withdrawn from the jury.’

Court: CACD
Date: 02-Feb-2006
Judges: Gage LJ
Statutes: Proceeds of Crime Act 2002 340(5)
Links: Bailii,
References: [2006] EWCA Crim 229,
Cited By:

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Regina -v- Mitchell; CACD 21-Jun-2004

The defendant appealed saying that a DNA profile found at the scene of the crime which did not match the accused was wrongly described by the judge to the jury.
Held: The presence of the additional DNA profile was in the circumstances powerful evidence to support the defence case and should have been left with the jury to assess. The judge had directed that it neither lent support to nor detracted from either case. The judge had allowed himself to be affected by a purely theooretical and speculative possibility raised by the prosecution expert.

Court: CACD
Date: 21-Jun-2004
Judges: Rix LJ, Forbes, Barker QC JJ
References: Times, 08-Jul-2004,

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Irwin Mitchell (a Firm) -v- Revenue and Customs Prosecutions Office and Another; CACD 30-Jul-2008

The solicitors had held £5,000 on account of their fees for representing the defendant when he later became subject to a criminal restraint order. They wrote to the respondents saying that they intended to transfer the fees to satisfy their interim account. The respondents refused. The judge had refused to vary the order.
Held: The Revenue had accepted that they would not become entitled to the funds, but still refused to allow its transfer. No contempt of the restraint order would be created by the transfer of the funds. No variation of the order was required to allow the solicitors in this case to transfer the funds.

Court: CACD
Date: 30-Jul-2008
Judges: Lord Justice Toulson, Mr Justice Jack and Judge Mettyear
Statutes: Proceeds of Crime Act 2002
References: Times, 27-Aug-2008,

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Filed under Criminal Practice, Legal Professions

Regina -v- Swindon; Regina -v- Peart; Attorney-Generals Reference (Nos 108 and 109 of 2005); CACD 16-Feb-2006

The Attorney General appealed unduly lenient minimum terms set for the defendants who had been convicted of an exceptionally violent murder.
Held: The terms would be increased. The starting point was 30 years for such an offence. The fact that there was no sexual element in the sadistic acts did not prevent the acts being sadistic within the Act.

Court: CACD
Date: 16-Feb-2006
Judges: Rose LJ, Rafferty J, Sir Richard Curtis
Statutes: Criminal Justice Act 2003 sch21 p 5
References: Times, 22-Feb-2006,

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Regina -v- Stevens and Lovegrove; CACD 2-Feb-2006

The defendant appealed his sentence for breach of an anti-social behaviour order.
Held: The breach of an order was separate stand-alone offence for which the maximum penalty was five years imprisonment. It was not wrong in principle to impose a sentence of more than six months. The sentence had to be proportionate but it was not limited to what would be the sentence for any offence involved in the behaviour which led to the additional breach offence.
Sir Igor Judge P: ‘The principle to be derived from the legislation and the authorities can, in our judgment, be readily identified. Anti-social Behaviour Order requires specific statutory criteria to be established. In brief, the order is intended to provide protection against harassment, alarm or distress, caused by Anti-social behaviour. It is obvious that when passing sentence for breach of an anti-social behaviour order, the court is sentencing for the offence of being in breach of that order. Plainly, any sentence, in any court, must be proportionate or, to use the word with which all sentencers are familiar, ‘commensurate’. Therefore, if the conduct which constitutes the breach of the Anti-social Behaviour Order is also a distinct criminal offence, and the maximum sentence for the offence is limited to, say, 6 months’ imprisonment, that is a feature to be borne in mind by the sentencing court in the interests of proportionality.
It cannot, however, be right that the court’s power is thereupon limited to the 6 months maximum imprisonment for the distinct criminal offence. That would treat the breach as if it were a stand alone offence, which at the time when it was committed did not amount to a breach of the court order. In reality, the breach is a distinct offence on its own right, created by statute, punishable by up to 5 years’ imprisonment. We therefore reject the submission that it was wrong in principle for the judge to have imposed a custodial sentence, where, for the instant offence of drunkenness, the maximum sentence would have been a fine. To the extent that the submission of the appellant on this particular aspect of the appeal is supported by Morrison, we respectfully conclude that its authority has been wholly undermined.’

Court: CACD
Date: 02-Feb-2006
Judges: Sir Igor Judge P
References: Times, 24-Feb-2006, [2006] EWCA 255
Cases Cited:
Cited By:

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Regina -v- Miles; CACD 1-Feb-2006

When looking to the effect on sentencing of offences asked to be taken into consideration, the court should allow for the fact that the defendant had assisted the police. Such co-operation would be associated often with an early indication of guilt, and would reduce the need for further proceedings. How it should be taken into account would depend on the circumstances. They might sometimes aggravate the offence for which sentence was to be imposed, particularly where they showed a pattern of behaviour involvg planning or if they had been committed on bail.

Court: CACD
Date: 01-Feb-2006
Judges: Sir Igor Judge P
References: Times, 10-Apr-2006,

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Sharma -v- Regina; CACD 31-Jan-2006

The defendant obtained £179,000 by fraud paid into a company account of which he was the sole signatory. A confiscation order was made against him in the sum of £179,000. He now argued that this figure should have been reduced to take account of sums paid out by the defendant to his fellow conspirators. Held; His argument was rejected. A person who receives money into his bank account obtains it from the source from which it is derived and, where he is the sole signatory on the account, he obtains the money and has possession of it for his own benefit.
Where the defendants have not jointly obtained the benefit, but there has been a disposal by one member of a criminal enterprise to another who knowingly receives it, each is treated as the recipient of a benefit to the extent of the value of the money which has come into the possession of each of them. The amount of the benefit a defendant obtains is not affected by the amount which might be obtained by others to whom he transfers any part of the benefit.

Court: CACD
Date: 31-Jan-2006
Links: Bailii,
References: [2006] EWCA Crim 16, [2006] 2 Cr App R (S) 416, [2006] 2 Cr App Rep (S) 63, [2006] Crim LR 651

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Regina -v- Powell; CACD 5-Oct-2000

In principal there is no difference in the degree of guilt of somebody who is exporting rather than importing drugs, and similar sentencing standards should be applied in either situation.

Court: CACD
Date: 05-Oct-2000
Statutes: Misuse of Drugs Act 1971
Links: Times,
References:

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Regina -v- Docklands Estates Ltd; CACD 22-Sep-2000

The offence committed by an estate agent of erecting ‘House Sold’ signs outside house in which it had had no instructions, was the offence of giving a false indication that services were supplied. The offence was commercial, and the penalty should be judged accordingly. The offence was unsightly, was for commercial gain, and to the disadvantage of honest agents. Current fines levels were too low, and a fine of £2,000 per offence was a proper level.

Court: CACD
Date: 22-Sep-2000
Statutes: Trade Descriptions Act 1968 13
Links: Times,
References:

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Practice Statement (Juveniles: Murder Tariffs); CACD 27-Jul-2000

Legislation is to be enacted to set the tariff for life sentences for youths to be sentenced to life for murder. Until enacted the Lord Chief Justice gave recommendations for both existing and new cases, and the Home Secretary will follow them. Before making a recommendation the Lord Chief Justice will seek representations from the lawyers acting for the detainee, and from the Director of Public Prosecutions who should include representations made on behalf of the family of the deceased. ‘Before I make a recommendation to the Home Secretary, in both new and existing cases, I shall invite written representations from the detainees’ legal advisers and also from the Director of Public Prosecutions who may include representations on behalf of victim’s families and ‘Before the first such cases are put before me to make a recommendation to the Home Secretary, it is appropriate for the general principles which will guide me in recommending tariffs to be made public. This is because it is right that the process by which tariffs are set should be open to public scrutiny. When making recommendations to the Home Secretary in such cases I will announce my reasons in open court after taking into account any written representations I receive.’

Court: CACD
Date: 27-Jul-2000
Judges: Lord Chief Justice
Links: Times,
References: [2000] 1 WLR 1655,
Cited By:

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Regina -v- Wiggins; CACD 23-Jun-2000

The court should not normally order that a passenger who had been convicted of aggravated taking without consent should also be subject to a extended driving test after the conclusion of the ban in the same way that a driver might.

Court: CACD
Date: 23-Jun-2000
Statutes: Theft Act 1968
Links: Times,
References:

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Filed under Criminal Sentencing, Road Traffic

Regina -v- Campbell; CACD 20-Feb-1996

A judge is to give a modified Turnbull direction when identification evidence was based upon a video recording.

Court: CACD
Date: 20-Feb-1996
Links: Times,
References:

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Regina -v- Mitchell; CACD 1977

The court considered the effect of changes in the law after a conviction on applications for leave to appeal out of time.
Held: Lane LJ: ‘It should be clearly understood, and this Court wants to make it even more abundantly clear, that the fact there has been an apparent change in the law or, to put it more precisely, that previous misconceptions about the meaning of a statute have been put right, does not afford a proper ground for allowing an extension of time in which to appeal against conviction’.

Court: CACD
Date: 01-Jan-1977
Judges: Lane LJ
References: (1977) 65 Cr App R 185,
Cited By:

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Greenberg -v- Inland Revenue Commissioners; HL 1972

A company created a new class of preferred shares which it issued credited as fully paid to its two shareholders. They sold the shares to a purchaser on terms that the price was to be paid by instalments. Under arrangements made between the parties the company paid dividends on the shares which were paid into the purchaser’s bank account. Corresponding sums were then paid out of the bank account to the shareholders in payment of the purchase price for the shares. By this means the shareholders converted dividends, which would have been taxable in their hands, into instalments of the purchase price for their shares, which were not. The problem was again one of timing. The arrangements were made before the enactment of the Finance Act 1960, but the payments were made after it. The Revenue did not contend that the declaration and payment of a dividend by itself was a transaction in securities. Its contentions were more modest. It did not focus its attention on the dividends. It claimed that the payment of the instalments of the purchase price, or the completion of the sale by such payment, was such a transaction. All members of the Committee accepted the Revenue’s contention that the contract of sale, which was clearly a transaction in securities, was not carried out until the instalments of the purchase price were paid. Four members of the Committee also agreed that the payments of the instalments of the purchase price were themselves transactions in securities in consequence of which a tax advantage had been obtained. Lord Simon thought that the payments of the dividends were the transactions in securities in consequence of which the tax advantage was obtained. Lord Reid agreed with him but did not rest his conclusion on this ground. Lord Guest was equivocal on this point; while Lord Wilberforce expressly reserved his position.

Court: HL
Date: 01-Jan-1972
Judges: Lord Reid, Lord Morris, Lord Guest and Lord Simon
References: [1972] AC 109,
Cited By:

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Filed under Taxes Management

C Van Der Lely NV -v- Bamfords Ltd; HL 1963

The pith and marrow doctrine on the construction of patents claims was ‘necessary to prevent sharp practice.’ As to the doctrine of enablement as explained by Lord Westbury: ‘Lord Westbury must have meant experiments with a view to discovering something not disclosed. He cannot have meant to refer to the ordinary methods of trial and error which involve no inventive step and are generally necessary in applying any discovery to produce a practical result.’

Court: HL
Date: 01-Jan-1963
Judges: Lord Reid
References: [1963] RPC 61,
Cases Cited:
Cited By:

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McWilliams -v- Sir William Arrol & Co Ltd; HL 1962

A steel erector had fallen seventy feet to his death from a steel lattice tower. The employers had not provided a safety harness, but the judge found that he would not have used a security belt even if provided, and that the onus was on the pursuer to prove that the deceased would have worn a safety belt.
Held: The claim failed. The onus was on the pursuer to establish, not only the breach of duty, but also the causal connection between the breach of duty and the accident; that what the deceased would have done, if a safety belt had been provided, was a matter of inference from the appropriate facts, and that, in the present case, the inference was that he would not have worn a belt; further that there was no obligation on the employers to instruct or exhort him to wear a safety belt. Liability was not established. Lord Reid said: ‘It has been suggested that the decision of this House in Wardlaw v Bonnington Castings Ltd 1956 S.C. (H.L.) 26 lays down new law and increased the burden on pursuers. I do not think so. It states what has always been the law – a pursuer must prove his case. He must prove that the fault of the defender caused or contributed to the damage which he has suffered. But proof need not be by direct evidence. If general practice or a regulation requires that some safety appliance shall be provided, one would assume that it is of some use, and that a reasonable man would use it. And one would assume that the injured man was a reasonable man. So the initial onus on the pursuer to connect the failure to provide the appliance with the accident would normally be discharged merely by proving the circumstances which led to the accident, and it is only where the evidence throws doubt on either of these assumptions that any difficulty would arise. Normally, it would be left to the defender to adduce evidence, if he could, to displace these assumptions. So, in practice, it would be realistic, even if not theoretically accurate, to say that the onus is generally on the defender to show that the man would not have used the appliance, even if it had been available. But in the end, when all the evidence has been brought out, it rarely matters where the onus originally lay: the question is which way the balance of probability has come to rest.’

Court: HL
Date: 01-Jan-1962
Judges: Lord Reid
Statutes: Factories Act 1937
References: [1962] 1 WLR 295, 1962 SC (HL) 70
Cases Cited:
Cited By:

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Filed under Health and Safety, Personal Injury, Scotland

Pearce -v- Brooks; 1866

The contract was one for the hire of a brougham to a prostitute which was supplied with knowledge that it would be used ‘as part of her display’.
Held: The contract was unenforceable as for an unlawful purpose. Pollock CB: ‘The rule which is applicable is ex turpi causa non oritur actio , and whether it is an immoral or an illegal purpose in which the Plaintiff has participated, it comes equally within the terms of the maxim, and the effect is the same.’

Date: 01-Jan-1866
Judges: Pollock CB
References: (1866) LR 1 Ex 213,
Cited By:

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Filed under Contract

Metal und Rohstoff AG -v- Donaldson Lufkin & Jenrette Inc; CA 27-Jan-1989

The claimants sued for negligent advice and secured judgment. The defendant company became insolvent, and so the plaintiff now sued the US parent company alleging conspiracy. The court considered a tort of malicious prosecution of a civil claim, saying the plaintiff must establish that the defendant had instigated ‘without reasonable and probable cause’, but then lost the previous proceedings and have been actuated by malice, and have suffered damage. The court doubted the general existence of the tort.
No action lies, save for very limited exceptions in the nature of abuse of process, for recompense for damage caused by litigation itself. Slade LJ considered the notion of a constructive trust: ‘No satisfactory definition of a constructive trust has yet been enunciated, and perhaps none ever will be; for the concept is still uncertain and the boundaries obscure . . Nevertheless, as appears from . . Snell, there are, among others, at least three well-established categories of constructive trust. A person receiving property which is already subject to a trust becomes a constructive trustee thereof either (1) if he receives the trust property with actual or constructive notice that it is trust property and that the transfer to him is in breach of trust (which we will call a ‘receipt of property constructive trust’) or (2) if, after receiving it, otherwise than as a purchaser for value without notice of the trust, he acquires notice of the trust and thereafter deals with it in a manner inconsistent with the trust (which we will call a ‘wrongful dealing constructive trust’), and (3) a person who does not actually himself receive the trust property, may also be treated as a constructive trustee if, . . he assists with knowledge a fraudulent design on the part of the trustees.’
Slade LJ said: ‘Although we have not heard full argument on this point, we have great doubt whether any general tort of maliciously instituting civil proceedings exists. The courts have countenanced claims by a plaintiff complaining of a malicious and unjustified arrest or of malicious and unjustified institution of bankruptcy or liquidation proceedings, but the cases have not (to our knowledge) gone beyond these limited categories. There are dicta suggesting that in the case of an ordinary civil action, however maliciously and unjustifiably brought, the successful defendant has no cause of action in tort.’

Court: CA
Date: 27-Jan-1989
Judges: Slade, Stocker and Bingham LJJ
Links: Gazette,
References: [1990] 1 QB 391,
Cases Cited:
Cited By:

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Filed under Damages, Torts - Other

Regina -v- Campbell (K); CACD 26-Jun-2007

The defendant complained that the court, having admitted his previous convictions, had made only an inadequate distinction for the jury between its use as evidence of propensity as opposed to credibility.
Held: The appeal failed. Once the evidence had been admitted it was for the jury to make use of them in any relevant way. It served no practicable purpose to seek to make a distinction between use as evidence of propensity, and use as to credibility.
Lord Phillips CJ gave a warning against slavish adherence to a specimen direction: ‘When evidence of bad character is introduced the jury should be given assistance as to its relevance that is tailored to the facts of the individual case. Relevance can normally be deduced by application of common sense. The summing up that assists the jury with the relevance of bad character evidence will accord with common sense and assist them to avoid prejudice that is at odds with it.’ and ‘If the jury is told in simple language and with reference, where appropriate to the particular facts of the case, why the bad character evidence may be relevant, this will necessarily encompass the gateway by which the evidence was admitted. It is of course highly desirable that the jury should be warned against attaching too much weight to bad character evidence let alone concluding that the defendant is guilty simply because of his bad character.’

Court: CACD
Date: 26-Jun-2007
Judges: Lord Phillips LCJ, Henriques J, Teare J
Links: Bailii,
References: [2007] EWCA Crim 1472, Times, 04-Jul-2007
Cited By:

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Allpress and others -v- Regina; CACD 20-Jan-2009

The court considered the phrase requiring a payment having the quality of a reward received in connection with commission of the relevant offence. Toulson LJ stressed the need to have regard to the whole phrase and its effect as a matter of language: ‘The phrase ‘payment or other reward’ implies that the payment must be in the nature of a reward in order to fall within the relevant section, and that is consistent with the rationale of the confiscation scheme as explained by the House of Lords. The final sentence of in May would make no sense if physical receipt of a sum of cash by D constitutes ipso facto the receipt of a payment or other reward, whether payment is for himself or not.’
Toulson LJ dealt with two misconceptions that had featured in Sivaraman: ‘In Sivaraman the court also addressed two misconceptions which subsequent cases suggest may still be common. One was that in assessing benefit in a conspiracy case each conspirator is to be taken as having jointly obtained the whole benefit obtained by ‘the conspiracy’. A conspiracy is not a legal entity but an agreement or arrangement which people may join or leave at different times. In confiscation proceedings the court is concerned not with the aggregate benefit obtained by all parties to the conspiracy but with the benefit obtained, whether singly or jointly, by the individual conspirator before the court. The second misconception is a variant of the first. It is that anybody who has taken part in a conspiracy in more than a minor way is to be taken as having a joint share in all benefits obtained from the conspiracy. This is to confuse criminal liability and resulting benefit. The more heavily involved a defendant is in a conspiracy, the more severe the penalty which may be merited, but in confiscation proceedings the focus of the inquiry is on the benefit gained by the relevant defendant. In the nature of things there may well be a lack of reliable evidence about the exact benefit obtained by any particular conspirator, and in drawing common sense inferences the role of a particular conspirator may be relevant as a matter of fact, but that is a purely evidential matter.’

Court: CACD
Date: 20-Jan-2009
Judges: Latham VP CACD, Hughes, Toulson LJJ, Rafferty, Maddison JJ
Links: Bailii,
References: [2009] EWCA Crim 8, [2009] 2 Cr App R (S) 58, [2009] Lloyd's Rep FC 242, [2009] Crim LR 363
Cited By:
  • Mackle, Regina -v-, SC, Cited, (Bailii, [2014] UKSC 5, [2014] 1 AC 678, [2014] 2 Cr App R (S) 33, [2014] NI 292, [2014] 2 All ER 170, [2014] 2 WLR 267, [2014] Lloyd's Rep FC 253, [2014] WLR(D) 40, WLRD, Bailii Summary, UKSC 2012/0045, UKSC 2012/0044, UKSC 2012/0043, UKSC 2012/0041, SC, SC Summary)

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Filed under Criminal Sentencing

Liepins -v- Latvia; ECHR 25-Nov-2014

Court: ECHR
Date: 25-Nov-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 31855/03 - Chamber Judgment, [2014] ECHR 1319

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Filed under Human Rights

Lefantzis And Others -v- Greece; ECHR 5-Feb-2015

Court: ECHR
Date: 05-Feb-2015
Statutes: European Convention on Human Rights
Links: Bailii,
References: 52846/09 - Committee Judgment (French text), [2015] ECHR 136

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Filed under Human Rights

Leeds City Counci -v- X and Another; FC 17-Oct-2014

The Council sought a care order as to a child J. An order had already been made in repect of the elder sister B.

Court: FC
Date: 17-Oct-2014
Judges: Lynch HHJ
Links: Bailii,
References: [2014] EWFC B135 (Fam),

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Filed under Children

Lazariu -v- Romania; ECHR 13-Nov-2014

Court: ECHR
Date: 13-Nov-2014
Statutes: European Convention on Human Rights
Links: Bailii, Bailii,
References: 31973/03 - Chamber Judgment, [2014] ECHR 1219, [2014] ECHR 1259

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Filed under Human Rights

LA & Z Leonida (T/A E T S); UTAA 16-Sep-2014

UTAA Transport : Traffic Commissioner Cases – Suspension

Court: UTAA
Date: 16-Sep-2014
Links: Bailii,
References: [2014] UKUT 423 (AAC),

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Kurt -v- Belgium; ECHR 17-Feb-2015

The applicant alleges that his right to a fair trial was violated because of the lack of motivation of the jury verdict and the judgment of the Assize Court that convicted him to imprisonment thirty years.

Court: ECHR
Date: 17-Feb-2015
Judges: Karakas P
Statutes: European Convention on Human Rights
Links: Bailii,
References: 17663/10 - Chamber Judgment, [2015] ECHR 173

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Filed under Human Rights

Kurowski -v- Poland; ECHR 13-Jan-2015

The applicant’s claim was as to the length of his pre-trial detention and criminal proceedings against him

Court: ECHR
Date: 13-Jan-2015
Judges: Paivi Hirvela, P
Statutes: European Convention on Human Rights
Links: Bailii,
References: 9635/12 - Committee Judgment, [2015] ECHR 21

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Filed under Criminal Practice, Human Rights

Kuppinger -v- Germany; ECHR 15-Jan-2015

Court: ECHR
Date: 15-Jan-2015
Statutes: European Convention on Human Rights
Links: Bailii,
References: 62198/11 - Chamber Judgment, [2015] ECHR 33

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Filed under Human Rights

Kucher -v- Austria; ECHR 5-Feb-2015

Court: ECHR
Date: 05-Feb-2015
Statutes: European Convention on Human Rights
Links: Bailii,
References: 2834/09 - Committee Judgment, [2015] ECHR 135

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Filed under Human Rights

Krikunov -v- Russia; ECHR 4-Dec-2014

Court: ECHR
Date: 04-Dec-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 13991/05 - Chamber Judgment, [2014] ECHR 1359

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KP -v- KP -v- RB of Kensington and Chelsea (HB); UTAA 3-Sep-2014

UTAA Recovery of Overpayments : Amount Recoverable – permision to appeal refused

Court: UTAA
Date: 03-Sep-2014
Links: Bailii,
References: [2014] UKUT 393 (AAC),

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Filed under Benefits

Koval -v- Russia; ECHR 19-Feb-2015

Court: ECHR
Date: 19-Feb-2015
Judges: Khanlar Hajiyev, P
Statutes: European Convention on Human Rights
Links: Bailii,
References: 25856/07 - Committee Judgment, [2015] ECHR 200

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Australian Mutal Provident Society -v- Allan and Chaplin; PC 14-Mar-1978

South Australia

Court: PC
Date: 14-Mar-1978
Judges: Diplock L
Links: Bailii,
References: [1978] UKPC 7,

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Filed under Commonwealth, Employment

Wolfgang Oehlschlager -v- Hauptzollamt Emmerich.; ECJ 16-Mar-1978

Court: ECJ
Date: 16-Mar-1978
Links: Bailii,
References: R-104/77, [1978] EUECJ R-104/77

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Filed under European

Robert Bosch Gmbh -v- Hauptzollamt Hildesheim.; ECJ 16-Mar-1978

Court: ECJ
Date: 16-Mar-1978
Links: Bailii,
References: R-135/77, [1978] EUECJ R-135/77

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Kuehlhaus Zentrum Ag -v- Hauptzollamt Hamburg-Harburg.; ECJ 9-Mar-1978

Court: ECJ
Date: 09-Mar-1978
Links: Bailii,
References: R-79/77, [1978] EUECJ R-79/77

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Bleiindustrie Kg, Formerly Jung & Lindig -v- Hauptzollamt Hamburg-Waltershof.; ECJ 9-Mar-1978

Court: ECJ
Date: 09-Mar-1978
Links: Bailii,
References: R-111/77, [1978] EUECJ R-111/77

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Authie -v- Commission; ECJ 10-Mar-1978

Court: ECJ
Date: 10-Mar-1978
Links: Bailii,
References: C-19/78, [1978] EUECJ C-19/78R

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Pearce (HM Inspector of Taxes) -v- Woodall-Duckham Ltd; CA 28-Feb-1978

The parties disputed the tax year into which certain profits fell.

Court: CA
Date: 28-Feb-1978
Judges: Stamp.Orr, Eveleigh LJJ
Links: Bailii,
References: [1978] EWCA Civ 7, [1978] 1 WLR 832, [1978] 2 All ER 793, (1978) 51 TC 271

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Filed under Corporation Tax

Maria Frangiamore -v- Office National De LEmploi.; ECJ 15-Mar-1978

Court: ECJ
Date: 15-Mar-1978
Links: Bailii,
References: R-126/77, [1978] EUECJ R-126/77

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Filed under Employment, European

Honeymans Executors -v- Sharp; scs 14-Mar-1978

The action concludes for declarator that a purported gift by the deceased to the defender of four valuable paintings by the French artist Boudin falls to be reduced and for certain consequential relief. Though the word ‘undue’ is not used in the pursuers’ pleas-in-law, the action is in substance laid on the principle usually described as ‘undue influence.’

Court: scs
Date: 14-Mar-1978
Judges: Lord Maxwell
Links: Bailii,
References: 1978 SC 223, [1978] ScotCS CSOH_4, 1979 SLT 177

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Filed under Scotland, Undue Influence

Bestuur Van Het Algemeen Ziekenfonds Drenthe-Platteland -v- G. Pierik; ECJ 16-Mar-1978

Court: ECJ
Date: 16-Mar-1978
Links: Bailii,
References: R-117/77, [1978] EUECJ R-117/77

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Bernhard Diether Ritter von Wullerstorff und Urbair -v- Commission of the European Communities; ECJ 16-Mar-1978

Court: ECJ
Date: 16-Mar-1978
Links: Bailii,
References: C-7/77, [1978] EUECJ C-7/77

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Max Schaap -v- Bestuur Van De Bedrijfsvereniging Voor Bank En Verzekeringswezen, Groothandel En Vrije Beroepen.; ECJ 14-Mar-1978

Court: ECJ
Date: 14-Mar-1978
Links: Bailii,
References: R-98/77, [1978] EUECJ R-98/77

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Filed under European

Leonardini -v- Commission; ECJ 16-Mar-1978

Court: ECJ
Date: 16-Mar-1978
Links: Bailii,
References: C-115/76, [1978] EUECJ C-115/76

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Filed under European

Herpels -v- Commission; ECJ 9-Mar-1978

Court: ECJ
Date: 09-Mar-1978
Links: Bailii,
References: C-54/77, [1978] EUECJ C-54/77

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Giovanni Naselli -v- Caisse Auxiliaire DAssurance Maladie-Invalidite And LInstitut National DAssurance Maladie-Invalidite.; ECJ 14-Mar-1978

Court: ECJ
Date: 14-Mar-1978
Links: Bailii,
References: R-83/77, [1978] EUECJ R-83/77

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Debayser Sa And Others -v- Commission Of The European Communities.; ECJ 2-Mar-1978

Court: ECJ
Date: 02-Mar-1978
Links: Bailii,
References: C-21/77, [1978] EUECJ C-21/77

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Filed under Agriculture, European

Unicme -v- Council; ECJ 16-Mar-1978

Court: ECJ
Date: 16-Mar-1978
Links: Bailii,
References: C-123/77, [1978] EUECJ C-123/77

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Bestuur Van De Sociale Verzekeringsbank -v- Mrs Boerboom-Kersjes, A Widow.; ECJ 14-Mar-1978

Court: ECJ
Date: 14-Mar-1978
Links: Bailii,
References: R-105/77, [1978] EUECJ R-105/77

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Thatcher -v- CH Pearce & Sons (Contractors) Ltd; 1968

(Bristol Assizes) The tenant was the tenant of a scrap yard. He had paid his rent promptly, until he was sent to prison. Thereafter he failed to pay the rent; and had no access to legal advice. The landlord peaceably re-entered for non-payment of one quarter’s rent. Six months and four days after the re-entry the tenant applied for relief.
Held: The court considered the exercise of the equitable right of a court to grant relief from forfeiture. Simon P said: ‘The decision of the Court of Appeal in Lovelock v. Margo makes it plain that where a landlord re-enters peaceably and not through an action for forfeiture of the lease the jurisdiction of the court to give relief from forfeiture is not a statutory one but the old equitable one. As I understand the old equitable doctrine, the court would not give relief in respect of stale claims. Furthermore, if there were a statute of limitation applying at common law, equity followed the law and applied the statute to strictly analogous proceedings in Chancery. But there is no question in the instant case of a Limitation Act applying to the present situation; and it seems to me to be contrary to the whole spirit of equity to boggle at a matter of days, which is all that we are concerned with here, when justice indicates relief.
I think that a court of equity -. and it is such jurisdiction that I am exercising now — would look at the situation of the plaintiff to see whether in all the circumstances he acted with reasonable promptitude. Naturally it would also have to look at the situation of the defendants to see if anything has happened, particularly by way of delay on the part of the plaintiff, which would cause a greater hardship to them by the extension of the relief sought than by its denial to the plaintiff.’

Date: 01-Jan-1968
Judges: Sir Jocelyn Simon P
References: [1968] 1 WLR 748,
Cases Cited:
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Filed under Equity, Landlord and Tenant

British Land Co. Ltd -v- Herbert Silver (Menswear) Ltd; CA 1958

The court may look to the circumstances surrounding the grant of a lease, and then if necessary the user, to see its purpose, if it is not clear from the lease.

Court: CA
Date: 01-Jan-1958
References: [1958] 1 QB 530,
Cited By:

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Filed under Housing

Regina -v- Thomas; CCA 1957

The defendant appealed against his conviction under the 1898 Act after he agreed with a woman whom he knew to be a convicted prostitute that she should have the use of a room between the hours of 9 pm and 2 am at a charge of £3 per night. The learned judge Pilcher had directed the jury: ‘if there is evidence that the accused has let a room or a flat at a grossly inflated rent to a prostitute for the express purpose of allowing her to ply her immoral trade, then it is for the jury to determine, on the facts of each particular case, whether the accused is in fact knowingly living wholly or in part on the earnings of prostitution.’
Held: The direction was approved, and the appeal rejected.

Court: CCA
Date: 01-Jan-1957
References: [1956] 41 Cr App R 117,

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Filed under Crime

Regina -v- Silver; CCC 1955

Judge Maude ruled that it was not an offence for landlords and their agents to let flats to prostitutes at what were described as exorbitant rents and by the learned Judge as “prostitute rents” knowing that they would be used for the purpose
of prostitution.

Court: CCC
Date: 01-Jan-1955
Judges: Maude J
References: [1955] 40 Cr App R 32,
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Hilborne -v- The Law Society of Singapore; PC 7-Mar-1978

Singapore – disciplinary decision against lawyers can be regarded as a civil matter for the purpose of considering the jurisdiction of the appellate court

Court: PC
Date: 07-Mar-1978
Judges: Diplock, Fraser of Tullbelton, Russell of Killowen LL
Links: Bailii,
References: [1978] 1 WLR 841, [1978] UKPC 6, [1978] 2 All ER 757

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Filed under Commonwealth, Legal Professions

Saville -v- Goodall; CA 1993

The court considered the requirements to establish that property purchased in one name but for an unmarried couple were to be held on trust: ‘[Counsel] referred us to a recent decision of this court in Springette v Defoe [1992] 2 FLR 388, which recognises that the common intention must be communicated between the parties. I think all the authorities on first category cases will be found to be consistent with that proposition.’

Court: CA
Date: 01-Jan-1993
Judges: Lord Justice Nourse and Lord Justice Evans
References: [1993] 1 FLR 755,
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Filed under Trusts

Pearce -v- Watts; 1873

An agreement for the sale included the reservation: ‘[The Vendor] reserves the necessary land for making a railway through the estate to Prince Town.’ Specific performance was sought by the purchaser, and the vendor objected that it was void for uncertainty. In argument the purchaser disputed this, saying that the court could determine what land was necessary for the railway.
Held: The claim was refused. Sir G Jessel MR said: ‘The present contract is one which cannot be carried out by conveyance; and that being so, I do not see how the Court can alter it and make a new contract which can be carried out by conveyance. . . If the contract were executed in this form, it is obvious, according to the present law, the whole land would pass to the purchaser, the reservation being void for uncertainty. But this is not the intention of the parties, for the vendor intended to reserve a substantial part of the estate. The contract does not show what it is. I neither know what is the amount of land necessary for a railway, nor what line the railway is to take, nor anything about it, and, therefore, I cannot enforce specific performance of the contract.’

Date: 01-Jan-1873
Judges: Sir G Jessel MR
References: (1873) LR 20 Eq 492,
Cited By:

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Filed under Contract, Land

Gert Laumann And Anja Laumann -v- Landesversicherungsanstalt Rheinprovinz; ECJ 16-Mar-1978

ECJ The application of regulation no 1408/71 is not limited to workers or their survivors who have been employed in several member states or who are, or have been, employed in one state whilst residing in another. The regulation also applies even when the residence in another member state was not that of the worker himself but of a survivor of his.
In the system established by regulation no 1408/71 family allowances are generated by an actual occupation ( even if the worker is no longer engaged in such occupation ) and the direct and sole recipient is the worker himself.
The direct and sole recipient of the orphans ‘ pension is the orphan himself and the pension, like other survivors ‘ benefits, constitutes the projection in time of a prior occupation, pursuit of which ceased on the death of the worker.
The right to the benefits referred to in article 79(3) of regulation no 1408/71 is to be suspended, pursuant to the provisions of that paragraph, in order to prevent duplication of benefits only in so far as that right overlaps rights to benefits of the same kind acquired by virtue of the pursuit of a professional or trade activity.

Court: ECJ
Date: 16-Mar-1978
Links: Bailii,
References: R-115/77, [1978] EUECJ R-115/77

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Filed under European

Calvert -v- Mayes; CCA 1954

The defendant said that he was not living in part from the earnings of prostitutes. He let out properties used by the tenants for the sale of sexual services to American Servicemen, and also took payments direct from those servicemen.
Held: His argument was rejected. Sellers J referred to the accused as ‘trading in prostitution’.

Court: CCA
Date: 01-Jan-1954
Judges: Sellers J
References: [1954] 1 QB 342,
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Regina -v- Saville; CACD 24-Jan-1980

The Crown Court had made a criminal bankruptcy order in the sum of £5,000 but failed to identify how that was to be distributed between the offences. The judge subsequently, but after the 28 day period provided by section 11(2) of the 1971 Act, purported to rectify the court’s order.
Held: He was entitled to do so as it was ‘an adjustment of an inchoate order which at that moment existed.’ Where an amendment was required which had no effect on the sentence or other orders made, but merely corrected an error, the court was entitled to do so.

Court: CACD
Date: 24-Jan-1980
Judges: Lord Widgery LCJ, Bridge LJ, Woolf J
Statutes: Courts Act 1971 11(2)
Links: Bailii,
References: (1980) 2 Cr App R (S) 26, [1980] EWCA Crim 1, [1980] 1 All ER 861, [1981] QB 12, [1980] 3 WLR 151
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Filed under Criminal Practice

Koutalidis -v- Greece; ECHR 27-Nov-2014

Court: ECHR
Date: 27-Nov-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 18785/13 - Chamber Judgment (French text), [2014] ECHR 1335

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Filed under Human Rights

Kotiy -v- Ukraine; ECHR 5-Mar-2015

The applicant alleged that his arrest and detention were not compatible with Article 5 – 1 of the Convention, that he did not have an enforceable right to compensation as provided by Article 5 – 5 of the Convention, and that the investigative authorities interfered with his private and family life contrary to Article 8 of the Convention and that their decisions restricted his liberty of movement which constituted a violation of of Article 2 of Protocol No 4.

Court: ECHR
Date: 05-Mar-2015
Judges: Mark Villiger, P
Statutes: European Convention on Human Rights
Links: Bailii,
References: 28718/09 - Chamber Judgment, [2015] ECHR 253

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Filed under Human Rights

Kosumova -v- Russia; ECHR 16-Oct-2014

Court: ECHR
Date: 16-Oct-2014
Statutes: European Convention on Human Rights
Links: Bailii,
References: 2527/09 - Chamber Judgment, [2014] ECHR 1080

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Filed under Human Rights

Kosmata -v- Ukraine; ECHR 15-Jan-2015

Court: ECHR
Date: 15-Jan-2015
Statutes: European Convention on Human Rights
Links: Bailii,
References: 10558/11 28218/11 - Committee Judgment, [2015] ECHR 54

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Filed under Human Rights

Korkolis -v- Greece; ECHR 15-Jan-2015

Court: ECHR
Date: 15-Jan-2015
Statutes: European Convention on Human Rights
Links: Bailii,
References: 63300/09 - Chamber Judgment, [2015] ECHR 50

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Filed under Human Rights

Koksal -v- The Netherlands; ECHR 20-Mar-2001

Hudoc Judgment (Struck out of the list) Struck out of the list (friendly settlement)

Court: ECHR
Date: 20-Mar-2001
Links: Worldlii, Bailii,
References: [2001] ECHR 223, 31725/96, [2001] ECHR 226, (2000) 30 EHRR 55

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Kings College London -v- Information Commissioner (Part Allowed : Freedom of Information Act 2000); FTTGRC 2-Oct-2014

Court: FTTGRC
Date: 02-Oct-2014
Statutes: Freedom of Information Act 2000
Links: Bailii,
References: [2014] UKFTT 2014_0054 (GRC)

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King -v- Highland Health Board; SIC 3-Dec-2014

SIC Audit trail of a complaint: failure to respond within statutory timescales – On 10 March 2014, Mr King asked Highland Health Board (NHS Highland) for information about the audit trail of a complaint regarding the care and treatment of a specified person. This decision finds that NHS Highland failed to respond to Mr King’s requirement for review within the timescale allowed by the Freedom of Information (Scotland) Act 2002 (FOISA).
The Commissioner has ordered NHS Highland to comply with the requirement for review.

Court: SIC
Date: 03-Dec-2014
Links: Bailii,
References: [2014] ScotIC 251_2014,

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Filed under Information, Scotland

Kincses -v- Hungary; ECHR 27-Jan-2015

The applicant alleged, in particular, that his freedom of expression had been infringed on account of him having been fined for having criticised, as a legal representative, the sitting judge in one of his cases. He also claimed that the length of the disciplinary proceedings conducted against him was incompatible with Article 6 of the Convention.

Court: ECHR
Date: 27-Jan-2015
Judges: Guido Raimondi, P
Statutes: European Convention on Human Rights 10
Links: Bailii,
References: 66232/10 - Chamber Judgment, [2015] ECHR 82

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Filed under Human Rights

Kiiveri -v- Finland; ECHR 10-Feb-2015

The applicant alleged, in particular, that the ne bis in idem principle had been violated in his case.

Court: ECHR
Date: 10-Feb-2015
Judges: Guido Raimondi, P
Statutes: European Convention on Human Rights
Links: Bailii,
References: 53753/12 - Chamber Judgment, [2015] ECHR 146

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Filed under Human Rights