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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Crime - From: 1992 To: 1992

This page lists 48 cases, and was prepared on 21 May 2019.

 
Regina v King [1992] QB 20; [1991] 3 All ER 705; [1991] Crim LR 906; (1991) 93 Cr App R 259; [1991] 3 WLR 246
1992


Crime
A court might consider three questions in determining whether there has been an execution of a valuable security within the meaning of those terms in the provisions of section 20(3) of the Theft Act 1968: "The first is to identify what the document does. The second, in the light of that, is to ask whether the document falls within any part of the definition of 'valuable security' as provided . . If it does, then the third stage is to ask, bearing in mind the wide terms of [s 22(3)], whether, in the respect in which the document is a valuable security, it has been executed." A CHAPS (Clearing House Automated Payment System) order was held to be a valuable security. It created and transferred a right over property and it was evidence of that creation and transfer. It was also signed.
Theft Act 1968 20(3)

 
Regina v Egan [1992] 4 All ER 470
1992
CACD
Watkins LJ
Crime
The court considered the appropriate directions to a jury in diminished responsibility defence to murder charge.
Watkins LJ said: "In R v Lloyd . . directions as to the word 'substantial', to the effect that (1) the jury should approach the word in a broad commonsense way or (2) the word meant 'more than some trivial degree of impairment which does not make any appreciable difference to a person's ability to control himself, but it means less than total impairment' were both approved."
1 Cites

1 Citers



 
 Lloyd v Director of Public Prosecutions; QBD 1992 - [1992] 1 All ER 982; [1992] RTR 215

 
 Regina v Central Criminal Court ex parte Porter; 1992 - [1992] Crim LR 121

 
 Regina v Reid; HL 1992 - [1992] 1 WLR 793
 
Regina v Shuck [1992] Crim LR 209
1992
CACD

Crime
The defendant was a company officer. He gave instructions to an innocent third party which resulted in the dishonest diversion of substantial sums of the company's money. He appealed the judge's interpretation of the word 'appropriation.' Held: The meaning of appropriation still had its difficulties. If there is an intention on the part of the owner to pass all his property rights to another so that that other gets a voidable title, there is nothing left for him to appropriate. Morris was to be preferred to Lawrence if there was a conflict. The question was whether the agent had exercised independent judgment. The judges direction was correct: 'in the final analysis, what you have to look at as amatter of common sense is who was calling the shots.'
Theft Act 1968
1 Cites

1 Citers


 
Regina v Morpeth Ward Justices, ex parte Ward (1992) 95 Cr App R 215
1992


Crime
A bind-over was upheld on people who had noisily and turbulently disrupted a pheasant shoot.
1 Citers


 
Regina v Ashton [1992] Crim LR 667
1992
CACD

Crime
The court held that the learned judge had been wrong in directing the jury that it was a situation in which they must return the same verdict in relation to each of the co-accused where they were charged with a conspiracy.
1 Citers


 
Regina v Davison [1992] Crim LR 31
1992
CACD

Crime
The defendant's conviction of affray where he had "swiped" a kitchen knife towards a police officer was upheld.
1 Citers


 
Regina v Rowley (1992) 94 Cr App R 95
1992
CACD
Taylor LJ
Crime
The defendant left notes in public lavatories directed to teenage boys. There were two versions of the notes. The notes in themselves were innocuous. They were designed to effect an introduction between Rowley and any boy who might read the note. Rowley's purpose in leaving those notes in public lavatories was not difficult to see: it was to make contact with teenage boys for immoral purposes. Held: Rowley's acts in leaving the notes in public lavatories could not be described as lewd, obscene or disgusting, and his motive in leaving those notes could not convert what were otherwise ordinary acts into lewd, obscene or disgusting acts. He was not guilty of the offence of outraging public decency.
1 Citers


 
Regina v Henderson Unreported, November 1992
1992
CACD

Crime, Administrative
The British authorities had, over a period of time, failed to enforce restrictions on the export of military equipment to Iraq and had known that such material was being exported to Iraq via Jordan. The prosecution of the defendant for breach of the regulations collapsed rather than have papers disclosed to the court. Ministers had signed public interest immunity certificates which, if accepted by the trial court, would have prevented disclosure of the equivocal role which the authorities had played.


 
 A v Director of Public Prosecutions; QBD 1992 - [1992] Crim LR 34

 
 Cardle v Mulrainey; HCJ 1992 - 1992 SLT 1152
 
Regina v O'Connell (1992) 94 Cr App R 33
1992
CACD
Kennedy J
Crime
The appellant and his wife appliied for loans to buy residential properties to be let to obtain a rental income covering most of the mortgage payments. The properties were later sold to take advantages of increases in value. A sum of £1.5 million was made by the two defendants. The building societies would not make such advances for commercial purposes or for trading purposes, so the appellant gave false particulars on the applications. On discovery, they were charged with obtaining property, the building societies' cheques, by deception. The appellant gave evidence that he did not regard his actions as dishonest because the building societies' interests were fully protected and he had had no intention of depriving them permanently of the money lent. The prosecution objected to the admissibility of that evidence. The trial judge accepted that submission and ruled accordingly. He changed his plea to guilty. His complaint about the conviction was that his evidence had been relevant to the issue of dishonesty and the judge's ruling to exclude it was therefore wrong. Held: Kennedy J drew attention to Ghosh, and Feely to say that where the issue of dishonesty is raised, it must be left to the jury. He continued: "it is by no means in every case involving dishonesty that a Ghosh direction is necessary. But if dishonesty is the issue, even though deception has been proved, a judge should be slow to seek to constrain a defendant as to how he puts his case. The attempt to show that the deception was a white lie may sound far fetched. But unless the evidence is plainly irrelevant to the issue of dishonesty, it should not be excluded." and, on the facts of that case: "No one suggests that an intention to repay or to perform contractual obligations can of itself amount to a defence. But it may be some evidence of dishonesty: just as a demonstrated intention not to perform those obligations would be some evidence of dishonesty."
1 Cites

1 Citers


 
Williams v Director of Public Prosecutions [1992] 95 Cr App R 415
1992
QBD

Crime
The defendant's conviction for possessing a bladed article in a public place was quashed on the ground that the landing of a block of residential flats where the appellant had been drunk and disorderly, and to which access was restricted to residents and their lawful visitors, was not a public place.
1 Citers


 
Regina v Boyea Unreported 28 January 1992
28 Jan 1992
CACD

Crime
The defendant was accused of having, with or without the consent of his victim, caused her physical damage by inserting his hand in her vagina and twisting it. Held: "the extent of the violence inflicted … went far beyond the risk of minor injury to which, if she did consent, her consent would have been a defence" . In fact she did not consent and the defence did not arise. "As a generality, the level of vigour in sexual congress which is generally acceptable, and therefore the voluntarily accepted risk of incurring some injury is probably higher now than it was in 1934. It follows in our view that the phrase "transient or trifling" "
1 Cites

1 Citers



 
 Regina v Self; CACD 25-Feb-1992 - Gazette, 15 April 1992; [1992] EWCA Crim 2; [1992] 3 All ER 476; [1992] 1 WLR 657; (1992) 156 JP 397; (1992) 95 Cr App R 42; [1992] Crim LR 572
 
Regina v Goodard [1992] Crim LR 588
25 Feb 1992
CACD

Crime
The defendant appealed his conviction after he was found to have offered to supply a controlled drug. At his trial he had claimed that he had not intended to supply the drug. Held: The appeal failed. The trial judge had correctly directed the jury that it was no defence to show that he had not intended to supply the drug. The offence of offering to supply was complete when the offer was made.
Misuse of Drugs Act 1971 4(1)(b)
1 Citers



 
 Regina v Brown etc; CACD 15-Apr-1992 - Gazette, 15 April 1992; [1992] QB 491; [1992] 2 All ER 552; [1992] 2 WLR 441

 
 Regina v Boal (Francis); CACD 3-Jun-1992 - Gazette, 03 June 1992; (1992) Cr App R 272
 
Regina v Pawlicki; Regina v Swindell Gazette, 03 June 1992; Gazette, 26 August 1992
3 Jun 1992
CACD

Crime
The defendant was properly convicted of having a firearm with intent to rob despite the gun being in a car 50 yards away from the offence. The phrase 'having with him a firearm' is to be construed purposely. Accessibility was the issue.
Firearms Act 1968 18(1)

 
Regina v Rushworth Gazette, 03 June 1992
3 Jun 1992
CACD

Crime
The offence of 'unlawful wounding' included a deliberate act which might (not would) cause injury.
Offences Against the Person Act 1861 20


 
 Regina v Gotts; HL 3-Jun-1992 - Gazette, 03 June 1992; [1992] 2 AC 412; [1992] 2 WLR 284

 
 Regina v Callender; CACD 3-Jun-1992 - Gazette, 03 June 1992
 
Berry v The Queen [1992] UKPC 16
15 Jun 1992
PC

Crime
(Jamaica) Appeal from conviction for murder. Accidental discharge of gun in struggle.
1 Citers

[ Bailii ]
 
Attorney-General's Reference (No 1 of 1991) [1993] QB 94
16 Jun 1992
CACD
Lord Taylor of Gosforth CJ, Macpherson of Cluny and Turner JJ
Crime, Evidence
cw Crime - Computer misuse - Unauthorised access - Person using one computer to obtain from it unauthorised benefit - Whether unauthorised use of single computer within statute - "Access to any program or data held in any computer.
The defendant was accused of misusing computer access to put himself in a position to carry out a fraud. The judge held that the section required more than one computer to have been involved. The court was asked to answer whether this was the case. Held: The charge under section 1(1)(a) of using "a computer to perform any function with intent to secure access to any program or data held in any computer," did not require the misuse of one computer to access another. Section 1(1) could be satisfied by causing a computer to perform a function with intent to secure unauthorised access to any program or data held in the same computer.
Computer Misuse Act 1990 1(1)(a) 2(1)
1 Citers

[ lip ]
 
Regina v Naillie; Regina v Kanesarajah Gazette, 24 June 1992
24 Jun 1992
CACD

Crime, Immigration
An applicant for asylum was not an illegal immigrant, despite his use of a false passport.
Immigration Act 1971 25(1)


 
 Regina v Kansal; CACD 24-Jun-1992 - Gazette, 24 June 1992; Gazette, 15 July 1992; [1992] 3 All ER 844; [1993] QB 244
 
Regina v Greenaway Unreported, 25 June 1992
25 Jun 1992
CC
Buckley J
Crime, Constitutional
(Central Criminal Court) The defendant Member of Parliament had faced charges of accepting bribes in return for advancing the interests of a commercial company. Held: The charges were dismissed on the request of the prosecution after a separate trial in which the persons accused of having bribed him had been acquitted. Buckley J had earlier ruled that an MP could be charged with the common law offence of bribery.
It had been common ground that in general, members of Parliament are subject to the criminal law and that it would be "unacceptable" for a member of Parliament to be immune from prosecution in the courts of law when there was prima facie evidence of corruption. Without it being suggested that he was questioning or impeaching words spoken in Parliament, he adopted the observations of Lord Salmon that: "To my mind equality before the law is one of the pillars of freedom. To say that immunity from criminal proceedings against . . any member of Parliament who accepts the bribe, stems from the Bill of Rights is possibly a serious mistake . . (the Bill of Rights) is a charter for freedom of speech in the House. It is not a charter for corruption . . the crime of corruption is complete when the bribe is offered or given or solicited and taken."
1 Citers


 
Planned Parenthood of Southeastern Pennsylvania v Casey (1992) 505 U.S. 833
29 Jun 1992

Justices O'Connor, Kennedy and Souter J.J
Crime, Constitutional
(Supreme Court of the USA) The Court discussed the grounds upon which it would depart from precedent and why it would not overrule its equally controversial decision on abortion in Roe v. Wade. Held: "no judicial system could do society's work if it eyed each issue afresh in every case that raised it . . . Indeed, the very concept of the rule of law underlying our own Constitution requires such continuity over time that a respect for precedent is, by definition, indispensable."
1 Citers

[ LII ]

 
 Regina v Ahluwalia; CACD 31-Jul-1992 - [1992] 4 All ER 889; [1993] 96 Cr App R 133; [1992] EWCA Crim 1; [1993] Crim LR 63
 
Regina v Redbourne Gazette, 02 September 1992
2 Sep 1992
CACD

Crime
A Judge may make assumptions, but must decide to a criminal standard of proof in order to make a confiscation order.
Drug Trafficking Offences Act 1986 2(3)


 
 Harris v Director of Public Prosecutions; Fehmi v Director of Public Prosecutions; QBD 9-Sep-1992 - Gazette, 09 September 1992; (1992) 96 Cr App R 235
 
Regina v Lee Gazette, 09 September 1992
9 Sep 1992
CA

Crime
Procedures for appeal against orders preventing naming of children.
Children and Young Persons Act 1939 39

 
Vince and Another v Chief Constable of Dorset Police Gazette, 16 September 1992
16 Sep 1992
CA

Crime
Custody sergeant need only be available to be called in readily, not present.
Police and Criminal Evidence Act 1984 36-1

 
Regina v Lewes Crown Court ex parte Sinclair Gazette, 16 September 1992
16 Sep 1992
QBD

Crime
A civil court has no jurisdiction to interpret a sentence of a criminal court.


 
 Regina v Green (Bryan); CA 16-Sep-1992 - Gazette, 16 September 1992

 
 Director of Public Prosecutions v Gregson; QBD 23-Sep-1992 - Gazette, 23 September 1992; [1992] 96 Cr App R 240

 
 D'Souza v Director of Public Prosecutions; HL 15-Oct-1992 - [1992] UKHL 10; [1992] 4 All ER 545; [1992] 1 WLR 1073
 
Lord Advocate's Reference (No 2 of 1992) [1992] ScotHC HCJ - 1
23 Oct 1992
HCJ

Scotland, Crime

1 Cites

[ Bailii ]

 
 Regina v Richens; CACD 5-Nov-1992 - [1994] 98 Cr App R 43; [1992] EWCA Crim 3; [1993] 4 All ER 877; (1994) 98 Cr App R 43

 
 Airedale NHS Trust v Bland; FD 19-Nov-1992 - [1993] 2 WLR 316

 
 Austin v Director of Public Prosecutions; Blake v Director of Public Prosecutions; QBD 2-Dec-1992 - Gazette, 02 December 1992; [1993] Crim LR 586

 
 Director of Public Prosecutions v Gomez; HL 3-Dec-1992 - Gazette, 03 March 1993; Times, 08 December 1992; [1993] AC 442; [1992] UKHL 4; [1993] 1 All ER 1

 
 Director of Public Prosecution v Cotcher; Admn 7-Dec-1992 - [1993] WL 964519

 
 Airedale NHS Trust v Bland; CA 9-Dec-1992 - [1993] 2 WLR 316
 
Goinsamy Chinien, Goolam Ahmad Jaman And, Ahmad Yousouf Joghee v The State Co [1992] UKPC 41
17 Dec 1992
PC

Crime
(Mauritius) Allegation of breach of exchange controls.
[ Bailii ]
 
Regina v Gill Gazette, 24 February 1993
21 Dec 1992
CACD
McCowan LJ Schiemann and Curtis JJ
Crime
The defendant and another had vitamin C tablets which were believed to be ecstacy. The defendant was arrested on trying to sell a tablet. He appealed a conviction for conspiracy to offer to supply a controlled drug. Held: The appeal failed. The offence was committed on the making of the offer, and irrespective of whether what he thought he would be supplying were or were not in fact controlled substances.
Misuse of Drugs Act 1971 4(1)(b)
1 Cites


 
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