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Metropolitan Properties Company (FGC) Limited v Lannon: 11 Jul 1968

Tenants of apartments asked the Rent Officer to fix the fair rents. On appeal, the rents were then set at a rate lower even than they had requested. The rents would serve as a guide for other local rents. The landlords now complained that the chairman of the Rent Assessment Committee had been assisting his … Continue reading Metropolitan Properties Company (FGC) Limited v Lannon: 11 Jul 1968

Cantabrica Coach Holdings Limited v Vehicle Inspectorate (on Appeal From a Divisional Court of the Queen’s Bench Division): HL 22 Nov 2001

A transport examiner investigating compliance with the drivers hours regulations was allowed to remove records from an office for examination, and a company refusing him to be allowed to do that committed an offence. Where removal was necessary, whether because of the number of documents or the absence of adequate copying facilities, an examiner must … Continue reading Cantabrica Coach Holdings Limited v Vehicle Inspectorate (on Appeal From a Divisional Court of the Queen’s Bench Division): HL 22 Nov 2001

Regina v Kansal, on a Reference From the Criminal Cases Review Commission (2): CACD 24 May 2001

Once a case had been referred to the Court of Appeal by the Criminal Cases Review Commission, the court had to make a declaration, even if the case was very old. The effect of the 1998 Act on statute law was not retrospective, but where it affected common law the effect could be retrospective, since … Continue reading Regina v Kansal, on a Reference From the Criminal Cases Review Commission (2): CACD 24 May 2001

Regina v Criminal Cases Review Commission ex parte Pearson: Admn 18 May 1999

The defendant sought judicial review of the decision not to refer her case back to the court of appeal. She had been convicted of the murder of her hsuband’s new partner. She said it had been her husband. Held: The court set out the approach to be taken when a defendant raises the defence of … Continue reading Regina v Criminal Cases Review Commission ex parte Pearson: Admn 18 May 1999

Davey v Lee: 1968

Lord Parker CJ defined ‘attempt’ in criminal law: ‘What amounts to an attempt has been described variously in the authorities, and for my part I prefer to adopt the definition given in Stephen’s Digest of the Criminal Law, 5th Ed. (1894) art. 50, where it says that: ‘An attempt to commit a crime is an … Continue reading Davey v Lee: 1968

Practice Direction (Crime: Sentence: Loss of Time): 1980

Appellants were reminded of the courts powers to make a loss of time order in the case of inappropriate appeals against sentence. Citations: [1980] 1 WLR 270 Statutes: Criminal Appeal Act 1968 29 Jurisdiction: England and Wales Cited by: Cited – Regina v Kuimba CACD 12-Apr-2005 In dismissing the defendant’s appeal, the court expressed the … Continue reading Practice Direction (Crime: Sentence: Loss of Time): 1980

In Re Spenborough Urban District Council’s agreement; Spenborough Corporation v Cooke Sons and Company Ltd: ChD 1968

A contract regulating the flow of industrial effluents into a public sewer contained no power of termination notwithstanding that the agreement it replaced did. Held: There is no presumption in law that a joint venture is not terminable.Buckley J said: ‘Since ex hypothesi such an agreement contains no provision expressly dealing with determination by the … Continue reading In Re Spenborough Urban District Council’s agreement; Spenborough Corporation v Cooke Sons and Company Ltd: ChD 1968

Regina v Mondon: CACD 1968

The appellant had been unrepresented throughout her trial. She appealed, complaining that the prosecutor had been allowed to make a closing speech. Held: The conviction was quashed. Lord Justice Edmund Davies drew attention to the impact which that speech might have had on the jury’s determination of the issues in relation to fact which arose, … Continue reading Regina v Mondon: CACD 1968

Director of Public Prosecutions v Ottewell: HL 1968

The antecedent criminal history of an offender is a factor which may be taken into account in determining the sentence to be imposed, but it cannot be given such weight as to lead to the imposition of a penalty which is disproportionate to the gravity of the instant offence. The offender must be regarded as … Continue reading Director of Public Prosecutions v Ottewell: HL 1968

Regina v Commissioner of Police of the Metropolis, Ex parte Blackburn: CA 1968

Answerability of Chief Constables The constitutional status of the Commissioner had never been defined, either by statute or by the courts. By common law police officers owe to the general public a duty to enforce the criminal law. The court considered the extent to which a court could interfere with decisions made by a Chief … Continue reading Regina v Commissioner of Police of the Metropolis, Ex parte Blackburn: CA 1968

Armah v Government of Ghana and Another: HL 1968

The appellant was committed under 1881 Act to await his return to Ghana to face trial on corruption charges. He applied for a writ of habeas corpus contending inter alia that it would be unjust and oppressive to return him since he would be liable to be tried under the provisions of the Corrupt Practices … Continue reading Armah v Government of Ghana and Another: HL 1968

Haughton v Smith, On Appeal From Regina v Smith (Roger): HL 21 Nov 1973

The defendant appealed against his conviction for attempting to handle stolen goods. They were to be delivered to him in a van, but the meat was intercepted and recovered by the police. The defendant argued that he should not be convicted of attempting the impossible, since the goods were no longer stolen, having returned to … Continue reading Haughton v Smith, On Appeal From Regina v Smith (Roger): HL 21 Nov 1973

Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): HL 10 Jul 1996

The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception. Held: A chose in action created by an electronic bank transfer was not property which was capable of being ‘obtained’ by deception under the Theft Act. The transfer of funds was carried out by the debiting … Continue reading Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): HL 10 Jul 1996

Blackburn v Commissioner of the Police for the Metropolis: CA 1968

By common law police officers owe to the general public a duty to enforce the criminal law. However, police are servants of no one but the law itself, and a chief officer of police has a wide discretion as to the manner in which the duty is discharged. It is for him to decide how … Continue reading Blackburn v Commissioner of the Police for the Metropolis: CA 1968

Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968

Exercise of Ministerial Discretion The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when compared with prices paid to producers in other regions. The Minister … Continue reading Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968

Conway v Rimmer: HL 28 Feb 1968

Crown Privilege for Documents held by the Polie The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these were withheld on the ground of Crown privilege. The House … Continue reading Conway v Rimmer: HL 28 Feb 1968

Metropolitan Properties Company (FGC) Limited v Lannon; 11 Jul 1968

References: [1968] RVR 490, [1968] EWCA Civ 5, [1968] 3 All ER 304, [1968] 3 WLR 694, (1968) 19 P & CR 856, [1969] 1 QB 577 Links: Bailii Coram: Lord Denning MR, Danckwerts LJ, Edmund Davies LJ Tenants of apartments asked the Rent Officer to fix the fair rents. On appeal, the rents were … Continue reading Metropolitan Properties Company (FGC) Limited v Lannon; 11 Jul 1968

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Bolton, Regina v: CACD 13 May 2021

Appeal against conviction brought with the leave of the full court and which depends upon the admission of fresh evidence pursuant to section 23 of the 1968 Act. Judges: Macur LJ Citations: [2021] EWCA Crim 689 Links: Bailii Statutes: Criminal Appeal Act 1968 23 Jurisdiction: England and Wales Crime Updated: 21 January 2023; Ref: scu.662500

Steele, Whomes and Corry , Regina v: CACD 22 Feb 2006

The convictions had been referred back to the Court of Appeal in relation to various grounds, but the s.34 direction was a further ground relied on by the appellants. The Court recognised that the direction was inadequate by reference to the standards in 2006. The direction did not contain the key direction suggested to be … Continue reading Steele, Whomes and Corry , Regina v: CACD 22 Feb 2006

Regina v Ward (Judith): CACD 15 Jul 1992

The defendant had been wrongly convicted of IRA bombings. She said that the prosecution had failed to disclose evidence. Held: The prosecution’s forensic scientists are under a common law duty to disclose to the defence anything they may discover which may assist the defendant. ‘Non-disclosure is a potent source of injustice and even with the … Continue reading Regina v Ward (Judith): CACD 15 Jul 1992

Regina v Farrow (Anthony Robin): CACD 20 Oct 1998

The idea of ‘lurking doubt’, as an element of what is proof beyond reasonable doubt, is not helpful to the Court of Appeal, and applicants should stick more closely to the statutory formula of whether a conviction is ‘unsafe.’ Citations: Times 20-Oct-1998 Statutes: Criminal Appeal Act 1968 2(1) Jurisdiction: England and Wales Criminal Practice Updated: … Continue reading Regina v Farrow (Anthony Robin): CACD 20 Oct 1998

Regina v Bansal: CACD 29 Dec 1998

The ability of a trial judge to grant leave to appeal should only exceptionally be exercised by the trial judge himself. Normal jurisdiction for such leave should be exercised by one or more judges of the Court of Appeal. Citations: Times 29-Dec-1998 Statutes: Criminal Appeal Act 1968 1(2) Jurisdiction: England and Wales Criminal Practice Updated: … Continue reading Regina v Bansal: CACD 29 Dec 1998

H and Others v Regina: CACD 21 Dec 2018

The crown sought to adduce additional evidence on the defendant’s appeal of the content of discussions between the defendant and a social worker from the council youth offending service. Held: The evidence should not be admitted. Such conversations were not akin to statements made during the preparation of a pre-sentence report, and were privileged. The … Continue reading H and Others v Regina: CACD 21 Dec 2018

Regina v Melville: CACD 1976

The defendant appealed his conviction for murder saying that evidence later obtained suggested that he was suffering diminished responsibility at the time of the offence. Held: The evidence was not admitted. It was not sufficiently strong to have supported the defence. The court quoted a previous judgment of Atkinson LJ: ‘It may well be that … Continue reading Regina v Melville: CACD 1976

Regina v Dawson, Dawson: CACD 14 Jul 1997

The defendants were convicted of a mortgage fraud. They appealed saying they had not been dishonest. They had signed forms, but they then had been completed by others, and that it had been those further replies which were dishonest. The original convictions had been for obtaining by deception, but those convictions could not stand following … Continue reading Regina v Dawson, Dawson: CACD 14 Jul 1997

Regina v Campbell: CACD 25 Oct 1996

The defendant appealed against his conviction for murder. At trial he had pleaded provocation, but not that he suffered abnormality of mind. Subsequent evidence of his state of mind led to this referral. The court now received fresh evidence to support a defence of diminished responsibility where the issue had not been raised at trial. … Continue reading Regina v Campbell: CACD 25 Oct 1996

Regina v Graham, Kansal, etc: CACD 25 Oct 1996

The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe. Held: After studying the authorities at length, the court felt that the various convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996

Regina v Morley: CACD 6 Mar 1995

No ‘loss of time order’ is to be made against a prisoner, once he has been granted leave to appeal by single Judge. Citations: Ind Summary 06-Mar-1995, Times 25-Jan-1995 Statutes: Criminal Appeal Act 1968 29 Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87386

Regina v Cox (Andrew Mark): CACD 12 Apr 1995

The Court of Appeal has the power to apply the proviso preserving a conviction despite the failure of the judge at trial to mention the defence of provocation. Judges: Glidewell LJ Citations: Times 12-Apr-1995, [1995] 2 Cr App R 513 Statutes: Criminal Appeal Act 1968 2(1) Jurisdiction: England and Wales Cited by: Cited – Regina … Continue reading Regina v Cox (Andrew Mark): CACD 12 Apr 1995

Regina v Mandair: HL 20 May 1994

The House of Lords may itself determine the grounds of an appeal, and deal with matters undetermined by Court of Appeal. A verdict of ‘causing GBH’ (not inflicting) was not an offence unknown to law. A verdict of ‘causing GBH contrary to s20’ was wide enough to include the offence of inflicting grievous bodily harm.In … Continue reading Regina v Mandair: HL 20 May 1994

Stanford International Bank Ltd v Director of The Serious Fraud Office: SC 15 Feb 2012

The Court heard an interim application to decide whether an appeal to the Supreme Court existed under the 2002 Act. A restraint order had been made as to the appellants assets. Held: The statutory provisions substituting the Supreme Court for the House of Lords had omitted to deal with the 2005 Order appeal provisions. Leave … Continue reading Stanford International Bank Ltd v Director of The Serious Fraud Office: SC 15 Feb 2012

Regina v Hemmings; Regina v Miller; Regina v Hoines: CACD 15 Oct 1999

On a re-trial, it remains open to the judge to amend the indictment. Nothing in the Act takes away his powers to do so within the confines set out by the Act. Here a conspiracy charge had been replaced by separate charges of theft. The judge retained his powers under the Indictments Act, and this … Continue reading Regina v Hemmings; Regina v Miller; Regina v Hoines: CACD 15 Oct 1999

Regina v Greaves: CACD 11 Mar 2008

The defendant applied for leave to appeal out of time against his convictions. Held: Leave refused. The court was severely critical of the large volume of documents supplied. Citations: Times 28-Apr-2008 Statutes: Criminal Appeal Act 1968 29 Jurisdiction: England and Wales Crime Updated: 11 September 2022; Ref: scu.268791

Regina v Weekes: CACD 18 Feb 1999

The defendant appealed against his conviction for murder saying that at the time of the offence he suffered a paranoid psychotic illness which would have substantially impaired his mental responsibility for his acts. He was not regarded as insane as defined by the M’Naghton rules. He had been advised that he might have a defence … Continue reading Regina v Weekes: CACD 18 Feb 1999

Diamond, Regina v: CACD 29 Apr 2008

Appeal to request substitution of conviction for manslaughter for conviction for murder on grounds of diminished responsibility. Whether fresh evidence should now be admitted. Citations: [2008] EWCA Crim 923 Links: Bailii Statutes: Criminal Appeal Act 1968 23 Jurisdiction: England and Wales Crime Updated: 26 August 2022; Ref: scu.267232

Kenyon v Regina: CACD 11 May 2010

The defendant appealed against her conviction for murder, based upon her own informal confessions to third parties. Held: The appeal was dismissed. There were proper reasons choices made at trial about what evidence should be put forward, and what challenged, and: ‘the new expert evidence, whilst it adds detail and some fresh assessment to the … Continue reading Kenyon v Regina: CACD 11 May 2010

Erskine, Regina v; Regina v Williams: CACD 14 Jul 2009

The defendants had been separately convicted of murder several years ago. They sought the quashing of the convictions and substitution of convictions for manslaughter on the grounds of diminished responsibility. Held: The appeal of Erskine succeeded, but that of Williams failed. In the first case there had been evidence to support the defence now promoted. … Continue reading Erskine, Regina v; Regina v Williams: CACD 14 Jul 2009

Reynolds and Others, Regina v: CACD 8 Mar 2007

The court considered how it could marry the law against the increase of penaties on appeal with the possible need to correct a judge’s error in sentencing. It summarised the provisions for sentencing for specified offences: ‘[The] regime requires the court to carry out a careful step by step evaluation of the sentencing consequences of … Continue reading Reynolds and Others, Regina v: CACD 8 Mar 2007

Javid v Regina: CACD 28 Jul 2006

The defendant appealed conviction and sentence of 25 years for conspiracy to supply cocaine. He had imported 196kg of cocaine. He said that his defence team had failed to put before the court evidence corroborating his own case which evidence was obtainable. Held: ‘the fact that the jury ask a question does not necessarily mean … Continue reading Javid v Regina: CACD 28 Jul 2006

Petch and Coleman v Regina: CACD 13 Jul 2005

The defendants appealed their convictions for murder, saying that a co-defendant, have been captured after fleeing the country had later been treated more leniently, a plea of manslaughter having been accepted. Held: In order to substitute convictions for manslaughter, the court would first have to quash the convictions for murder, which was only possible if … Continue reading Petch and Coleman v Regina: CACD 13 Jul 2005

Regina v Maynard, Dudley etc: CACD 31 Jul 2002

The defendants appealed against their convictions for murder. They alleged that the police record of an interview central to the cases had been falsified. Held: To allow an appeal the court must conclude that the conviction is unsafe. The evidence at trial was that the record was accurate and contemporaneous, but that now appeared to … Continue reading Regina v Maynard, Dudley etc: CACD 31 Jul 2002

Regina v Lichniak; Regina v Pyrah: CACD 2 May 2001

The claimants sought by judicial review to challenge their separate sentences to life imprisonment for murder, saying that section 1 of the 1965 Act was incompatible wth their rights under articles 3 and 5 of the Convention. They argued that all life sentences fell into two parts, the penal element, meeting the requirements of retribution … Continue reading Regina v Lichniak; Regina v Pyrah: CACD 2 May 2001

Director of Public Prosecutions v Stonehouse: HL 1977

The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977

Regina v Secretary of State for Home Department Ex Parte Hickey and Others, Same Ex Parte Bamber; Same Ex Parte Malone (No 2): QBD 29 Nov 1994

The Home Secretary is obliged to disclose new evidence to a defendant before rejecting his application for a reference to Court of Appeal. The Home Secretary’s powers to refer a case back to the Court of Appeal (Criminal Division) was an integral part of the just functioning of the overall process of criminal justice. A … Continue reading Regina v Secretary of State for Home Department Ex Parte Hickey and Others, Same Ex Parte Bamber; Same Ex Parte Malone (No 2): QBD 29 Nov 1994

Regina v Jones (Paull Garfield): CACD 8 Oct 2002

The Court of Appeal had ordered the defendant to be re-tried within two months. An initial application for directions was adjourned without the defendant being re-arraigned, and then was adjourned again to a date outside the two month limit. Defence solicitors, knowing the difficulty declined to express a view either way. Held: The arraignment could … Continue reading Regina v Jones (Paull Garfield): CACD 8 Oct 2002

Regina v Spruce; Regina v Anwar: CACD 25 Apr 2005

The defendants had appealed against sentence, and had been sucessful, but in their absence. They each sought a further opportunity to appeal, but being present. Held: The 1968 Act gave to the defendant the right to be present at his appeal. The practice was that on a sentence being reduced on an appeal without the … Continue reading Regina v Spruce; Regina v Anwar: CACD 25 Apr 2005

Regina v Kuimba: CACD 12 Apr 2005

In dismissing the defendant’s appeal, the court expressed the view that the Appeal court should be more ready to use the powers given to deter hopeless appeals by ordering that while such applications were being processed, time spent in custody should not be credited as part of the sentence. Loss of time orders had been … Continue reading Regina v Kuimba: CACD 12 Apr 2005

Regina v Hart; Regina v George; Regina v Clarke; Regina v Brown: CACD 13 Dec 2006

The court considered use of its powers to punish umeritorious appeals by defendants against sentence or conviction by ordering that time spent in prison before the appeal was heard should not count as time served. In these case, two defendants had counsel’s support in their renewed applications for leave to appeal, but not the other … Continue reading Regina v Hart; Regina v George; Regina v Clarke; Regina v Brown: CACD 13 Dec 2006