The applicant challenged an order for his extradition to the US. He had been convicted in his absence having absconded from bail. Held: He had been arrested and held on the basis that he was a convicted person, but the procedure should have allowed that having been convicted in his absence, in contumacy, he should … Continue reading In re Guisto (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty’s High Court of Justice): HL 3 Apr 2003
A reverse legal burden applied to defendants accused of an offence under section 17 of the Forestry Act 1967 which, in specified circumstances, created an absolute offence of felling a tree without a felling licence. Clarke LJ said: ‘It is thus clear that, while the general principles are those set out in Edwards, each case … Continue reading Grundy and Co Excavations Ltd and Another, Regina (on the Application of) v Halton Division Magistrates Court: Admn 24 Feb 2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the defendant had given no thought to a risk of damage, but … Continue reading Regina v G and R: HL 16 Oct 2003
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013
(New Zealand) Solicitors resisted requests to disclose papers in breach of legal professional privilege from their professional body investigating allegations of professional misconduct against them.
Held: The appeal was allowed. The . .
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The defendants appealed against their convictions for robbery. The prosecutor had introduced evidence of their previous records under section 101, with several similar convictions demonstrating propensity. Citations: [2006] EWCA Crim 2270, (2007) 171 JPN 306, (2007) 171 JP 25 Links: Bailii Statutes: Criminal Justice Act 2003 101(d) Jurisdiction: England and Wales Criminal Evidence Updated: 26 … Continue reading Tully and Another, Regina v: CACD 16 Mar 2006
The defendant appealed against his conviction for murder saying that the court had given inadequate directions as to his ‘no comment’ interview, the need to treat the evidence of a co-accused with caution, and the need for a bad character direction. Held: The appeal failed. The direction as to the no comment interview had allowed … Continue reading Najib v Regina: CACD 12 Feb 2013
The defendant was accused of one serious assault, but suspected of two. He appealed his conviction after the judge had refused to exclude evidence of the first assault as evidence of bad character. Held: The evidence of the defendant talking of the other incident was relevant as to his character and readiness to commit the … Continue reading Regina v Nguyen: CACD 18 Mar 2008
The defendants appealed against their convictions for the murder and manslaughter of an elderly man. Three had been present at the scene, and they blamed each other. Bad character evidence against Johnson had not been admitted at first, but had later been accepted. Held: The evidence remained admissible. Judges: Maurice Kay LJ, Royce J, Nicol … Continue reading Slack and Johnson, Regina v: CACD 28 May 2010
Judges: Hooper LJ Citations: [2008] EWCA Crim 2923, (2009) 173 JP 1 Links: Bailii Statutes: Criminal Justice Act 2003 101(1)(f) Jurisdiction: England and Wales Crime Updated: 24 July 2022; Ref: scu.341710
A serving prisoner was stabbed to death in his cell. The appellant admitted that he had punched the victim twice but maintained that another man had stabbed him, which explained the incriminating presence of the victim’s blood in the vicinity of the appellant’s cell and on his hand. As the victim lay dying, he uttered, … Continue reading Musone v Regina: CACD 23 May 2007
The defendant appealed his conviction for murder. He complained at the admission of a statement made by the police surgeon who had attended him in the police station as evidence of bad character under the 2003 Act. The statement was as to his liability to snap if he had not taken medication. The defendant said … Continue reading Osbourne, Regina v: CACD 13 Mar 2007
The defendant appealed his convictions for sexual assault, saying that details of his previous convictions should not have been admitted under the 2003 Act. Held: The appeal succeeded. Where there was a risk of evidence of previous complaint being contaminated through collusion, the court should make that assessment first before then considering whether to admit … Continue reading Card, Regina v: CACD 11 May 2006
The defendant appealed against his convictions for sexual and other serious assaults. He complained of the admission in evidence of previous convictions and the methods used by him. Held: The appeal failed: ‘Judge Brown dealt with the previous convictions in a manner in respect of which no possible objection can be taken. He did not … Continue reading Humphris, Regina v: CACD 19 Jul 2005
The defendant appealed against his conviction for murder. He had claimed self defence. A main issues for the jury was who had produced the knife which caused the fatal injuries. The appellant had previous convictions for, other offences of violence with weapons, and these were introduced by the appellant in his own evidence and were … Continue reading Lafayette, Regina v: CACD 18 Dec 2008
The defendant appealed his conviction for five counts of gross indecency with a child, complaining that the court had admitted as evidence of propensity, the fact that other allegations had been made against him. Held: The allegations were admissible as evidence of propensity, through section 10(1)(d), but through 10(1)(c) as ‘important explanatory evidence. Just what … Continue reading Regina v Smith, D: CACD 21 Dec 2005
The defendant complained that a police officer called to give evidence of his previous conviction in order to support a claim that such convictions showed a propensity to commit offences of the type alleged, had not properly presented them, putting forward details which were not properly proved. Held: The officer had put in evidence matters … Continue reading Regina v Humphries: CACD 19 Jul 2005
The court considered the admission in evidence of social media messages. The defendant had been convicted of the murder of her violent boyfriend, and objected unsuccessfully to the admission of texts which she said were unduly prejudicial. Held: Such decisions were fact specific, and in this fact-specific case the judge was right in the conclusion … Continue reading Palmer, Regina v: CACD 6 Dec 2016
The defendants appealed against their convictions for serious firearms offences, saying that the court had wrongly admitted evidence of their previous convictions as evidence of propensity. Fulford LJ, Hickinbottom, Simler DBE JJ [2014] EWCA Crim 716 Bailii Criminal Justice Act 2003 101(1)(d) England and Wales Crime Updated: 02 December 2021; Ref: scu.523749
The claimant sought damages against the police, and wanted to bring in evidence of previous misconduct by the officers on a similar fact basis. They had been imprisoned and held for several years based upon admissions which they said they had obtained by improper pressure. Held: Evidence in civil cases is dealt with in two … Continue reading O’Brien v Chief Constable of South Wales Police: HL 28 Apr 2005
Minor Error in Juror Directions – Conviction safe The defendant appealed his conviction of murder. He was said to have instructed two others to carry it out. He now said that evidence had wrongly been admitted of bad character. Held: It would have been better to direct the jury as to applying the ‘so you … Continue reading Gabbana, Regina v: CACD 9 Nov 2020
The defendant appealed against his conviction for driving whilst disqualified, saying that they had had insufficient evidence that he was such. It was not disputed that he was driving. Previous convictions for the same offence had been entered, but the details did not show the sentences imposed, no certificate of disqualification was entered, and it … Continue reading Mills v Director of Public Prosecutions: Admn 3 Dec 2008
Appeal from conviction of conspiracy to supply a class A drug – the judge was wrong to allow the prosecution to put in evidence his conviction in the Netherlands and that as a result his conviction is unsafe.
Held: The appeal failed: ‘The . .
Admissibility of bad character evidence under section 101(1)(f) of the Criminal Justice Act 2003 (‘CJA 2003’) to correct a false impression given by a defendant. Citations: [2018] EWCA Crim 2829 Links: Bailii Jurisdiction: England and Wales Criminal Evidence Updated: 06 December 2022; Ref: scu.651738
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The central issue arising concerns the point in time at which rebuttal evidence under Section 101(1)(g) CJA 2003 should be put before a jury. Judges: Lord Justice Green Citations: [2020] EWCA Crim 4 Links: Bailii Statutes: Criminal Jusice Act 2003 101(10(g) Jurisdiction: England and Wales Criminal Practice Updated: 14 October 2022; Ref: scu.647067
Appeal raising an issue under gateways (d) and (f) of section 101(1) of the Criminal Justice Act 2003 concerning the admission of bad character evidence. Citations: [2009] EWCA Crim 496 Links: Bailii Jurisdiction: England and Wales Criminal Evidence Updated: 04 October 2022; Ref: scu.341577
The DPP sought directions as to the issuing of voluntary bills of indictment to have transferred to the Crown Court, allegations of robbery against youths between 12 and 14. Held: A child convicted of an offence for which an adult would receive a custodial sentence can receive a maximum youth training order of 24 months. … Continue reading Regina (Director of Public Prosecutions) v Camberwell Youth Court; Regina (H) v Camberwell Youth Court: QBD 23 Jul 2004
The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary. Held: The company’s appeal failed. Mr Smith was a worker: ‘there were features of the contract which … Continue reading Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018
The prisoner, subject to a term of imprsonment for public protection, and had completed thr tariff period. He now challenged the decision of the Board not to direct his relase and or transfer to open conditions. Held: The appeal failed. The test for release from IPP mirrored the test for imposition of a sentence of … Continue reading Bayliss, Regina (On the Application of) v Parole Board: CA 22 Jul 2009
The DPP appealed by case stated against a dismissal of a charge against the respondent following a driving incident. He complained of the admission of bad character evidence saying that it would be unfair under section 78 of the 1984 Act. The magistrates had accepted that submission. Held: The Crown had sought to adduce the … Continue reading Director of Public Prosecutions v Agyemang: Admn 24 Jun 2009
The court considered the admission of bad character evidence under the 2003 Act which was not clear. Rix LJ said: ‘In our judgment, however, the words of the statute ‘has to deal with’ are words of prima facie broad application, albeit constituting a phrase that has to be construed in the overall context of the … Continue reading McNeill, Regina v: CACD 6 Nov 2007
The defendant had been convicted of posing as a solicitor in order to commit frauds. He appealed, saying that the court had wrongly admitted evidence of his dealings with illegal immigrants. Held: The evidence admitted was highly relevant as evidence of bad character. The section has to be applied after a fact-specific exercise. The court … Continue reading Tirnaveanu, Regina v: CACD 24 May 2007
The appellants had been convicted of murder. They complained that the judge had misdirected the jury as to the effect of their silence and the inferences to be drawn. Held: The appeals failed. Whilst the direction on s34 was defective, it had in fact steered the jury away from drawing adverse inferences, and if properly … Continue reading Regina v Boyle and Another: CACD 25 Aug 2006
The defendant objected to evidence being used as evidence of bad character against him under the 2003 Act, when it would not have been admissible as similar fact evidence under the old rules. Held: Obiter dicta in O’Brien did not mean that the Act merely codified existing law.The Act made the pre-existing test obsolete. Once … Continue reading Regina v Weir, Somanathan,Yaxley-Lennon, Manister, Qiang He and De Qun He: CACD 11 Nov 2005
The court objected to the insistence on leaving the burden throughout a prosecution on the defendant on the ground that ‘the discharge of an evidential burden proves nothing – it merely raises an issue’. The House emphasised the special nature of the provisions, saying there was little doubt that the occasions upon which a statute … Continue reading Regina v Hunt (Richard): HL 1987
In each case a young person had been convicted on a guilty plea of murder. The court considered the affect on sentence of the defendant’s age and maturity. Held: A difference of a few months might make an arbitrary difference in the minimum sentence of as much as three years. This was arbitrary and it … Continue reading Regina v Peters, Palmer, Campbell: CACD 10 Mar 2005
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The evidence established that cauda equina syndrome was a random and inherent risk of the surgery, … Continue reading Chester v Afshar: HL 14 Oct 2004
The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview. Held: The claim succeeded. The decision was quashed and must be retaken. If ever any case justified exceptional treatment, this was one. He had been held without trial for … Continue reading British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad: Admn 11 Jan 2012
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998
(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker. Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied … Continue reading Westminster City Council v National Asylum Support Service: HL 17 Oct 2002
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social workers. Held: The names of the social workers had been withheld originally to protect the … Continue reading British Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y: FD 24 Nov 2005
The defendant appealed against his conviction of producing a controlled drug, namely cannabis. It was contended that the judge failed to provide guidance or directions to the jury as to how they ought to approach the text messages downloaded from the appellant’s telephone, and had wrongly admitted evidence of previous convictions. Held: The appeal succeeded. … Continue reading Sullivan, Regina v: CACD 25 Sep 2015
The defendant appealed against convictions for rape and indecent assault under the 1956 Act. The allegations dated from 1985 to 1989 when the complainant had been between 9 and 13. The prosecution brought in a doctor who said that in 1993 D complained of sexual abuse by Z when she was a young girl. D … Continue reading Regina v Z: CACD 23 Jan 2009
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law … Continue reading Engel And Others v The Netherlands (1): ECHR 8 Jun 1976
This appeal concerns the disputed admission, at a trial of the appellant for murder of his long-term partner, effectively his wife, of the evidence of his former girlfriend, Rosie Thorne, concerning their relationship some 20 years or so earlier. In the terms of the Criminal Justice Act 2003, this evidence was admitted as bad character … Continue reading Davis, Regina v: CACD 23 May 2008
Local Council may not Sue in Defamation Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which supported the decision to lay down the … Continue reading Derbyshire County Council v Times Newspapers Ltd and Others: HL 18 Feb 1993
The prisoner had been sentenced to consecutive terms of imprisonment, one for less, and one for more than 12 months. She disputed the date on which she should be released to home detention under curfew under the Guidance issued by the Secretary of State explaining how the release date should be calculated where longest sentence … Continue reading Noone, Regina (on The Application of) v Governor of HMP Drake Hall and Another: SC 30 Jun 2010
The Board was asked whether the appellants had waived their right to an independent and impartial tribunal under article 6 of the Convention by appearing before the temporary sheriffs without objecting to their hearing their cases on the ground that they did not meet this requirement. Held: A trial before a temporary Sheriff was not … Continue reading Millar v Dickson: PC 24 Jul 2001
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
A Contract of Service is not a form of property The employee coal miner was prosecuted for absenting himself from work. He was found liable by the justices and appealed. The basis of the appeal was that he had formerly been employed by the Hickleton Mining Company Limited. That had become amalgamated with other companies … Continue reading Nokes v Doncaster Amalgamated Collieries Ltd: HL 1948
Deception as to identity did not undermine consent The claimant had been an environmental campaigner. She had had a sexual relationship with a man who was unknown to her an undercover police officer. She now challenged the decision not to prosecute him for rape. Held: Her claim failed. Case law suggested that no prosecution had … Continue reading Monica, Regina (on The Application of) v Director of Public Prosecutions: Admn 14 Dec 2018
The claimant was employed as a teaching assistant. He was suspended after allegations of sexual misbehaviour with boy at the school. He refused to take part in the disciplinary proceedings until the police investigation was concluded. A decision was made that no prosecution would follow. The claimant’s solicitors asked to be allowed to represent him … Continue reading G, Regina (on The Application of) v X School: SC 29 Jun 2011
In each case complaint was made about the way in which the judge had dealt with applications by the Crown to bring in the defendant’s bad character as evidence of his propensity to commit the crime. Held: The court set out the applicable principles. Parliament had intended to assist evidence based findings of guilt without … Continue reading Regina v Hanson; Regina v Gilmore; Regina v Pickstone: CACD 22 Mar 2005
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
An English court had power to make a restraining order against the disposal of assets pending an application for confiscation pursuant to a US order. This applied even if the US original judgment predated the date on which the US was added to the . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
The defendant appealed against his conviction for murder, saying that he should have been allowed to rely on a plea of dimished responsibillity given the changes to section 2 of the 1957 Act introduced in 2009. He said that his alcoholism should . .
References: Times 14-Jul-1995, Gazette 06-Sep-1995, Independent 19-Jul-1995, [1996] AC 74, [1995] 3 WLR 318, [1995] 3 All ER 559 Coram: Lord Keith of Kinkel Ratio The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and … Continue reading Martin v Watson: HL 14 Jul 1995
References: [2004] UKHL 27, [2004] 3 WLR 58, Times 21-Jun-04, [2004] 2 AC 369, [2004] 3 All ER 821, [2004] INLR 349 Links: House of Lords, Bailii Coram: Lord Bingham of Cornhill, Lord Steyn, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell The claimant resisted removal after failure of his claim for asylum, … Continue reading Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004
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