Whilst released on licence from prison, the defendant committed further related offences. On sentencing the judge erred in calculating the amount of time to be served for the breach of the licence. Having been recalled, the time served between recall and sentence did not count against the total sentence. Section 39 and section 116 were … Continue reading Regina v Stocker: CACD 20 Jan 2003
PC (The High Court of Justiciary) The minuter challenged the role of the legal adviser to the district courts in Scotland, and as to his independence. Held: The legal adviser was not subject to the same system of appointments as the justices. However the system provided for a right of appeal (section 175) on questions … Continue reading Clark (Procurator Fiscal, Kirkcaldy) v Kelly: PC 11 Feb 2003
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
The defendant appealed against his conviction. He said that a witness could not be found and therefore did not attend the trial, but her statement had nevertheless been admitted as hearsay evidence. Held: The right of a defendant to confront a witness is fundamental to a fair trial. If he is to forego that right, … Continue reading DT, Regina v (Absent witness: Evidence): CACD 4 Jun 2009
Appeal against conviction for assault occasioning actual bodily harm. Allegation where wife was victim, but she had declined to give evidence, and not attended. The Court’s attention was not drawn to section 116 of the 2006 Act, and the evidence admitted without explanation as to how it had been applied. Held: The appeal was allowed: … Continue reading Jones, Regina v: CACD 3 Jul 2015
Prosecutor’s request for judicial review after acquittal of the interested party of charges of assault on his wife. She had failed to attend at court to give evidence and the magistrates had refused to either adjourn or admit her written statement as hearsay evidence. Held: The refusal of an adjournment was within the discretion of … Continue reading Crown Prosecution Service, Regina (on the Application of) v Uxbridge Magistrates: Admn 16 Jan 2007
Each defendant said they had not received a fair trial in that the court had admitted written evidence of a witness he had not been allowed to challenge. The witnesses had been victims, two of whom had died before trial. It was suggested that the court must implement the ECHR decision in Al-Khawaja. Held: The … Continue reading Horncastle and Others, Regina v: SC 9 Dec 2009
Each complainant said that in allowing hearsay evidence to be used against them at their trials, their article 6 human rights had been infringed. In the first case the complainant had died before trial but her statement was admitted. Held: In each case, applying Luca, the trials infringed the right to a fair trial since … Continue reading Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 20 Jan 2009
The defendant appealed his conviction after the court had allowed a prosecution witness’ statement to be read. The witness did not attend, only being notified in the last few working days before the hearing.
Held: Though the defendant’s appeal . .
(Grand Chamber) The claimants complained of the use against them of hearsay evidence in their trials. Held: ‘the underlying principle is that the defendant in a criminal trial should have an effective opportunity to challenge the evidence against him. This principle requires not merely that the defendant should know the identity of his accusers so … Continue reading Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 15 Dec 2011
Application by CPS under s.58 Criminal Justice Act 2003 Citations: [2008] EWCA Crim 2186, [2009] 1 WLR 1661, [2009] 1 Cr App Rep 21 Links: Bailii Jurisdiction: England and Wales Crime Updated: 31 October 2022; Ref: scu.277116
The appellant challenged the admissibility of witness statements made by the complainant where the complainant had died before the trial. Held: The ‘counterbalancing measures’ in the 2003 Act and at the common law had not been properly applied, and in relation to count 1, the appellant did not have a fair trial and his rights … Continue reading Ibrahim, Regina v: CACD 27 Apr 2012
The appellants had imported Playstation computer games. They appealed refusal of a rebate of 50 million euros paid in VAT before a reclassification of the equipment so as to make it exempt from VAT. Held: ‘The effect of the annulment of a Community act under Articles 230 and 231 EC Treaty is to render that … Continue reading Sony Computer Entertainment Europe Ltd v Customs and Excise: ChD 27 Jul 2005
The defendant appealed the decision of the court in a hearing under the 1964 Act that he had been involved in the offence at issue. He said the court had been wrong to admit hearsay evidence. Held: The prosecution had had to present evidence under section 116(2)(d) of the 2003 Act, by way of a … Continue reading Regina v Chal: CACD 5 Oct 2007
In each case the court was asked whether a sentence imposed under section 225(2) of the 2003 CJA for the protection of the public could be made to run consecutively to the principle sentence for the offence, and how did this link in with the courts powers under the section 116 PCCA 2003. Held: Some … Continue reading O’Brien, Harris, Moss, Llewellyn and others v Regina: CACD 14 Jul 2006
Scott Baker LJ said that: ‘We think it is important to point out that, as a matter of generality, section 114 cannot and should not be applied so as to render section 116 nugatory.But section 114(1)(d) should not be so narrowly applied that it has no effect. It follows that there will be cases in … Continue reading O’Hare, Regina v: CACD 7 Sep 2006
The claimant had been released on licence, and recalled. He complained that the parole board had, in considering his re-release taken into account circumstances beyond those which had directly caused his recall. Held: The prisoner’s appeal failed. The Board was entitled to take into account all the circumstances, including but not limited to, the reason … Continue reading Regina (Gulliver) v Parole Board: CA 4 Jul 2007
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002
The Zumtobel partnership objected to the compulsory purchase of their farming land to build the L52 by-pass road in the Austrian Vorarlberg. The appropriate Government committee heard their objections but confirmed the order. They appealed to an administrative court which said that the Government had taken proper matters into account and that it was not … Continue reading Zumtobel v Austria: ECHR 21 Sep 1993
The Act protects the privacy of a corporate body. A television company which secretly filmed in a company’s store could be held to have infringed the privacy of the company by the Broadcasting Standards Commission. The Act went further than the Human Rights Convention in this respect, but there is no reason to limit the … Continue reading Regina v Broadcasting Standards Commission, Ex Parte British Broadcasting Corporation: CA 6 Apr 2000
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
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 defendant appealed against sentence following conviction for burglary and false imprisonment. He had received sentences of 8 years and life respectively, with a determinate period of 11 years, and an earliest release of 6 years. The sentences had been on the basis that the offence of false imprisonment was an offence of violence. He … Continue reading Regina v Szczerba: CACD 6 Feb 2002
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
The court considered the application of the 2003 Act to communications made to, or by, the defendant, and in particular text messages sent by mobile telephone. Held: The four appeals against conviction were dismissed. Singh established that the common law rules on hearsay had been abolished by the 2003 Act. The court set out its … Continue reading Regina v Twist and Others: CACD 12 May 2011
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been made redundant, given a redundancy letter setting out the payments due … Continue reading Polkey v A E Dayton Services Limited: HL 19 Nov 1987
A witness had been warned to attend court, but had not served with an order and did not attend. The defendant appealed against his conviction saying that her evidence should not have been read to the jury. He had faced allegations of sexual abuse of his wife’s younger sisters. Two gave evidence, but the third … Continue reading Regina v EED: CACD 28 May 2010
The claimant worked as a residential social worker. Allegations were made against him of inappropriate behaviour with a child. The girl’s allegations varied. A criminal investigation took place but insufficient evidence was found. The investigation took over two years during which time the claimant was prevented from speaking to anybody at the home, and therefore … Continue reading A v B: EAT 14 Nov 2002
A child was found to have bruising consistent with physical abuse. Either or both parents might have caused it, but the judge felt it likely that only one had, that he was unable to decide which, and that they were not so serious that he had to say that the other must have known. Held: … Continue reading In re S-B (Children) (Care proceedings: Standard of proof): SC 14 Dec 2009
The claimant appealed against rejection of judicial review of a finding that she had effectively cheated at a professional examination for the Institute. She compained that the presence of a director and the council’s vice-president of the Institute . .
(Trinidad and Tobago) The appellant was an attorney. A complaint was made that he had been given money to buy land, but neither had the land been conveyed nor the money returned. The complaint began in 1988, but final speeches were not heard until . .
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 . .
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index