Crime - 1993

Criminal Law. Generally, this includes all questions as to whether any particular act is a criminal offence.

These cases are extracted from a very large database. The entries on that database are now being published individually to the main website in a much improved form. As cases are published here, the entry here will be replaced by a link to the same case in that improved form on In addition the site includes very substantial numbers of cases after 2000. Please take the time to look.  

This page lists 68 cases, and was prepared on 19 May 2014. These case are being transferred one by one to the main site which presents them better, with links to full text where we have it, and much improved cross referencing.
Regina -v- Aitken [1993] 95 Crim App R 304
Crime Casemap

High-spirited, "horseplay" which resulted in serious injury.
Normand -v- Lucas; 1993
Stobo -v- HM Advocate 1993 SCCR 1105
Crime, Scotland, Criminal Evidence Casemap
1 Citers
Attorney General of Hong Kong -v- Lee Kwong-Kut [1993] AC 951
Lord Woolf
Crime, Commonwealth

(Hong Kong) In order to maintain the balance between the individual and the society as a whole, rigid and inflexible standards should not be imposed on the legislature's attempts to resolve the difficult and intransigent problems with which society is faced when seeking to deal with serious crime. It must be remembered that questions of policy remain primarily the responsibility of the legislature. It would not assist the individuals who are charged with offences if, because of the approach adopted to ‘statutory defences’ by the courts, the legislature, in order to avoid the risk of legislation being successfully challenged, did not include in the legislation a statutory defence to a charge.
Lord Woolf set down a test for when a reverse of the burden of proof would be acceptable: "Whether they are justifiable will in the end depend upon whether it remains primarily the responsibility of the prosecution to prove the guilt of the accused to the required standard and whether the exception is reasonably imposed, notwithstanding the importance of maintaining the principle [of the presumption of innocence] . . If the exception requires certain matters to be presumed until the contrary is shown, then it will be difficult to justify that presumption unless, as was pointed out by the United States Supreme Court in Leary v United States [1969] 23 L Ed 2d 57, 82, "it can be at least said with substantial assurance that the presumed fact is more likely than not to flow from the proved fact on which it is made to depend."
Regina -v- Bailey and Smith [1993] 97 Cr App R 365
1 Citers
Regina -v- Manjdadria; CACD 1993
Bugg -v- Director of Public Prosecutions; Director of Public Prosecutions -v- Percy [1993] QB 473; [1993] 2 WLR 628
Crime, Local Government Casemap
1 Cites
1 Citers
The defendants appealed convictions for having entered military bases contrary to various bye-laws. They appealed challenging the validity of the bye-laws. Held: The validity of a bye-law could be challenged in criminal proceedings, but where the irregularity alleged was procedural, the bye-law remained effective until it was set aside in civil proceedings. Except in the "flagrant" and "outrageous" case a statutory order, such as a byelaw, remains effective until it is quashed. Byelaws which are on their face invalid or are patently unreasonable (termed "substantive" invalidity) may be called in question by way of defence in criminal proceedings, whereas byelaws which are invalid because of some defect in the procedure by which they came to be made (termed "procedural" invalidity) may not be called in question in such proceedings, so that a person might be convicted of an offence under them even if the byelaws were later quashed in other proceedings.
Regina -v- Shorrock; CACD 1993
Director of Public Prosecutions -v- McCabe [1993] 157 JP 443

1 Citers
The defendant had 76 library books at his home which he had taken from one or more of the 32 different branches of a county library. He was convicted of a single offence of theft in relation to those books.
Regina -v- Charlie Williamson (1993) 30 JLR

Crime, Commonwealth Casemap

(Court of Appeal of Jamaica)
Regina -v- Dixon; CACD 1993
Regina -v- Mitchell [1993] Crim LR 788
Crime Casemap
1 Cites
1 Citers
Theft Act 1968
Lockhart -v- Kevin Oliphant Ltd 1993 SLT 179
Lord Justice Clerk Ross
Scotland, Health and Safety, Crime

One of the company's employees was electrocuted and died when a street lamp he was erecting touched an overhead power line. It was charged with a contravention of sections 2(1) and (2) and 33(1)(a) of the 1974 Act. The sheriff acquitted the respondent, holding that the Crown had not established a sufficient case against it because the company was entitled to rely on plans and the site engineer's marking of the location of the lamp post. The prosecutor appealed. Held. The appeal succeeded. The sherriff's approach was incorrect
Regina -v- Robinson; CACD 1993
Regina -v- Steele; 1993
Regina -v- Carroll and others; CACD 1993
Regina -v- Toney; CACD 27-Jan-1993
Regina -v- Rook; CACD 29-Jan-1993
Murray -v- Director of Public Prosecutions [1993] RTR 209; [1993] Crim LR 968
4 Feb 1993
Watkins LJ
Road Traffic, Crime
1 Citers
The defendant claimed that a breathalyser procedure mistake vitiated the subsequent prosecution. Held: It was essential that the motorist who was asked to provide a sample of breath be first warned that a failure to provide a specimen would make him liable to be prosecuted. Even though the motorist had not in this case been prejudiced by the omission, the evidence produced by the test was not admissible: "It is, therefore, in our judgment, not surprising that a strict and compulsory code is laid down as a set of pre-conditions which must be fulfilled before any specimen produced by the defendant, which may condemn him at the hearing of the charge against him, can be adduced in evidence: no matter that there may be some instances where breach of the code occasions no discernible prejudice."
Road Traffic Act 1988 7 15
Airedale NHS Trust -v- Bland; HL 04-Feb-1993
Regina -v- Warwickshire County Council, ex parte Johnson; HL 10-Feb-1993
Hussain -v- Bradford City Council
15 Feb 1993
Local Government, Licensing, Transport, Crime
If a complaint was made that a private hire vehicle was acting in contravention of the regulation, requiring it to display the licence plate issued by the local authority, indicating the maximum number of passengers, it was necessary for the prosecution to prove that the vehicle was plying for hire at the time of the alleged offence.
Local Government (Miscellaneous Provisions) Act 1976 48 (6)(b)
Tesco Stores Ltd -v- Brent London Borough Council [1993] 1 WLR 1037
16 Feb 1993
Crime Casemap
1 Citers
An employee's actual knowledge of and information about the age of a video purchaser could properly be imputed to his employer company.
Video Recordings Act 1984 11(1) 11(2)(b)
Regina -v- Secretary of State for the Home Department ex parte Marchon [1993] Imm AR 384
23 Feb 1993
Crime, Immigration, European

It was permissible for the Home Secretary to order the deportation of a convicted drug trafficker for the public good, even though he was an EC national, and though there was nothing to suggest any propensity to commit any further offences. It was not necessary to show that the offence was so notorious as to require special treatment. The offence here was sufficiently serious to justify such an action.
Gillingham Borough Council -v- Cock
1 Mar 1993
Planning, Crime
Where the defendant was accused of affixing posters to lampposts contrary to the Act, the defence under the section was available to him only if he could show that he had no knowledge or had not consented to the posters being displayed in this manner. The knowledge and consent were disjunctive, and he might still have a defence if he knew of the act but did not consent to it.
Town and Country Planning (Control of Advertisements) Regulations 1989 5 - Town and Country Planning Act 1990 224(5)
Regina -v- Less and Depalo; CACD 02-Mar-1993
Regina -v- Brown (Anthony); Regina -v- Lucas;etc; HL 11-Mar-1993
Regina -v- Kirkup; CA 17-Mar-1993
H.M. Advocate -v- Harris [1993] ScotHC HCJ_1
18 Mar 1993
Scotland, Crime
Link[s] omitted
Regina -v- Shorrrok; CACD 22-Mar-1993
Regina -v- Leather (1993) 98 Cr App R 179; Times, 21 January 1993
24 Mar 1993
Crime Casemap
1 Citers
The child abduction offence may be complete without physical removal. 'removal from lawful control' under the Act did not import a necessary spatial element. The issue is the removal of control.
Child Abduction Act 1984 2(1)(a)
Regina -v- Rafique and Others; CACD 23-Apr-1993
Regina -v- Kingston; CACD 10-May-1993
Regina -v- Scarlett; CACD 18-May-1993
Regina -v- Shulman, Regina -v- Prentice, Regina -v- Adomako & Regina -v- Holloway; CACD 21-May-1993
Richardson, Regina v- [1993] EWCA Crim 4; (1994) 98 Cr App R 174
24 May 1993
Lord Gosforth LCJ, Owen, Blofeld JJ
Appeal against conviction for murder.
[ Bailii ]
Regina -v- Brown
28 May 1993
Staughton LJ, Hidden and Laws JJ
Information, Crime
A police officer misused his position to access records held on a police computer. Held: Merely accessing computer data by viewing it was not 'use' within the Act, and this particular offence was not established. The word 'use' must be given its ordinary meaning, which required something more. The court certified a question of law and refused leave to appeal.
Data Protection Act 1984 5(2)(b)
Link[s] omitted
Regina -v- Director of Public Prosecutions
1 Jun 1993
Crime, Road Traffic
The type approval of a radar speed gun was either to be proved, or the police officer was to confirm that a radar gun was of a permitted type.
Road Traffic Act 1984 - Road Traffic Offenders Act 1988
Director of Public Prosecutions -v- Lavender
2 Jun 1993
A council tenant treating the council's doors as his own, and regardless of the council's rights, steals. Moving fixtures between a Landlord's properties was still theft. It amountied to using the fixtures 'as his own'.
Theft Act 1968 6(1)
Regina -v- Simons; CACD 04-Jun-1993
Rukira -v- Director of Public Prosecutions
9 Jun 1993
Communal landings outside flats in a block do not form part of a home.
Public Order Act 1986 4-2
Attorney-General's Reference (No 2 of 1992); CACD 21-Jun-1993
Regina -v- Jefferson; Regina -v- Skerritt; and similar; CACD 22-Jun-1993
Regina -v- Knightsbridge Crown Court ex parte Dunne; Brock -v- Director of Public Prosecutions; QBD 07-Jul-1993
Regina -v- Metropolitan Stipendiary Magistrate Ex Parte Chaudhry [1994] QB 340
9 Jul 1993
Kennedy LJ, Bell J
Judicial Review, Crime, Magistrates
1 Citers
The Crown Prosecution Service was in the process of pursuing a prosecution when the private prosecutor sought to bring a prosecution for a serious offence arising out of the same facts. There would be potentially concurrent prosecutions. Held: Magistrates were not wrong to disallow a private prosecution in addition to crown prosecution. A private prosecutor does not have the unfettered right to a trial. Kennedy LJ said that on the question of the relevant considerations, when deciding whether to issue a summons in such a case: "The magistrate should have regard to all of the relevant circumstances of which he is aware . . . such as whether the incident giving rise to the information which he is considering has already been investigated by a responsible prosecuting authority which is pursuing what it considers to be the appropriate charges against the same proposed defendant."
Prosecution of Offenders Act 1985 6(1)
Criminal Proceedings Against Paul Corbeau (Civil Party: Regie Des Posts)
21 Jul 1993
Crime, European
Article 90 prevents monopoly by national body on specific postal services.
Regina -v- Kenny
27 Jul 1993
The question of status as mentally handicapped is not to be rigidly determined from one case to next.
Police and Criminal Evidence Act 1984 77-3
Regina -v- Williams (Jacqueline) & Crick; CACD 30-Jul-1993
Regina -v- Bull
18 Aug 1993
Crime, Licensing
A firearms dealer must register particulars of every place of business. Registration as firearms dealer does not allow the keeping of firearms outside business.
Firearms Act 1968 8(1)(1)
Regina -v- Morhall; CACD 23-Aug-1993
Chorherr -v- Austria [1993] ECHR 36; 13308/87; (1993) 17 EHRR 358;; [1993] ECHR 36
25 Aug 1993
Human Rights, Crime

The applicant was one of two arrested demonstrating against the Austrian armed forces at a military parade. They had rucksacks on their backs, with slogans on them. The rucksacks were so large that they blocked other spectators' view of the parade. This caused "a commotion" among the spectators who were protesting loudly at the obstruction. The demonstrators were arrested to prevent disorder. Held: In the circumstances it could not be said that the arrests had not been a proportionate way of preventing disorder. There had accordingly been no violation of the applicant's article 10 rights. The phrase "likely to cause annoyance" satisfied the requirement of reasonable certainty: "the level of precision required of the domestic legislation – which cannot in any case provide for every eventuality – depends to a considerable degree on the content of the instrument considered, the field it is designed to cover and the number and status of those to whom it is addressed."
European Convention on Human Rights 10
Link[s] omitted
Regina -v- Johnson and Others
27 Sep 1993
No doubt about convictions of M25 three. The evidence difficulties had been put before the jury.
Regina -v- Duffas
11 Oct 1993
Evidence, Crime
A previous conviction involving dishonesty was not evidence that an act of receiving by a defendant was dishonest on this occasion.
Theft Act 1968 27(3)(b)
Regina -v- Reade, Morris and Woodwiss
19 Oct 1993
Proceedings were stayed after great adverse publicity made a fair trial impossible.
Fook, Regina -v-; CACD 22-Oct-1993
In Re Baretto
26 Oct 1993
Legislation implementing the Convention for recovery of proceeds of drug trafficking was not retroactive.
Criminal Justice International Co-operation Act 1990 16
Regina -v- Collett, Regina -v- Furminger, Regina -v- Nazari, Regina -v- Pope, Regina -v- Bandar; CACD 28-Oct-1993
Regina -v- Wain; CACD 01-Nov-1993
Blackburn and Others -v- Bowering and Another [1994] 1 WLR 1324
5 Nov 1993
Sir Thomas Bingham MR
Crime, Contempt of Court Casemap
1 Cites
1 Citers
It was self defence if the defendant honestly believes the victim was not an officer of court. The issue was the genuineness of the belief, not its reasonableness.
County Court Act 1984 14(1)(b)
Regina -v- Chan-Fook; CACD 15-Nov-1993
Attorney-General's Reference (No 3 of 1992) [1994] 2 All ER 121
18 Nov 1993
The offence of attempted aggravated arson does not need proof of a specific intent to endanger life. Recklessness may be sufficient.
Regina -v- Wadland; CACD 18-Nov-1993
Bernard Keck and Daniel Mithouard (Rec 1993,p I-6097) (SV93-431) (Judgment) C-267/91; [1993] EUECJ C-267/91
24 Nov 1993
European, Commercial, Crime
A national law is fair if the rules it applies deal equally to imported and home goods.
Europa Free movement of goods º Quantitative restrictions º Measures having equivalent effect º Concept º Obstacles to trade resulting from disparities between national legislation laying down requirements to be met by goods º Included º Obstacles resulting from national provisions regulating selling arrangements in a non-discriminatory way º Inapplicability of Article 30 of the Treaty º Legislation prohibiting resale at a loss.
EEC Treaty Art. 30
[ Europa ] - [ Bailii ]
Regina -v- Brockley; CACD 25-Nov-1993
Regina -v- Bezzina, Regina -v- Codling, Regina -v- Elvin; CACD 07-Dec-1993
Windsor (Stephen John), Petitioner [1993] ScotHC HCJ_2
7 Dec 1993
Scotland, Crime
[ Bailii ]
The Director of Public Prosecutions -v- Bailey; PC 15-Dec-1993
Sutherland (James William) -v- Hma [1993] ScotHC HCJ_3
17 Dec 1993
Scotland, Crime
Link[s] omitted