Crime - 1993

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This page lists 67 cases, and was prepared on 28 October 2012.

Regina -v- Aitken [1993] 95 Crim App R 304
1993 CACD	Crime	Casemap 1 Citers
	High-spirited, "horseplay" which resulted in serious injury.

Stobo -v- HM Advocate 1993 SCCR 1105
1993 HCJ	Crime, Scotland, Criminal Evidence	Casemap 1 Citers

Attorney General of Hong Kong -v- Lee Kwong-Kut [1993] AC 951
1993 PC Lord Woolf	Crime, Commonwealth	Casemap 1 Citers
	(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
1993 CACD	Crime	Casemap 1 Citers

Regina -v- Manjdadria [1993] Crim LR 73
1993 CACD	Crime
	Though a cheque is a valuable security within the section, a telegraphic transfer of funds is not.
	Theft Act 1968 20(3)

Bugg -v- Director of Public Prosecutions; Director of Public Prosecutions -v- Percy [1993] QB 473; [1993] 2 WLR 628
1993 QBD	Crime, Local Government	Casemap 1 Cites
	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 [1993] 98 Cr App R 67; [1994] QB 279
1993 CACD Rattee LJ, Simon Brown LJ and Popplewell J	Nuisance, Crime	Casemap 1 Cites 1 Citers
	The defendants used land for an unauthorised "acid party" which caused substantial inconvenience and disruption to neighbours. The defendant denied that he had had the requisite knowledge to be criminally liable. Held: This was capable of amounting to the crime of public nuisance. An act of public nuisance can give rise to both civil (through a relator action) and criminal liability. The court considered what was the necessary mens rea for the offence of public nuisance, and applied Sedleigh-Denfield, saying (Rattee LJ) that he was guilty "if either he knew or he ought to have known, in the sense that the means of knowledge were available to him, that there was a real risk that the consequences of the licence granted by him in respect of his field would be to create the sort of nuisance that in fact occurred".

Director of Public Prosecutions -v- McCabe [1993] 157 JP 443
1993	Crime	Casemap 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
1993	Crime, Commonwealth	Casemap 1 Citers
	(Court of Appeal of Jamaica)

Regina -v- Dixon [1993] Crim LR 579
1993 CACD	Crime	Casemap 1 Citers
	The defendant was convicted of affray where he and his Alsatian type dog were pursued by two police officers and cornered in the driveway of a house and he repeated "go on, go on" to the dog who ran forward and bit the police officers. Held: The appeal failed.

Regina v Carroll and others [1994] 99 CAR 38; [1993] Crim LR 613
1993 CACD	Crime	Casemap 1 Citers
	The defendants appealed against their convictions for perjury, saying that the judge had failed to remind the jury of the need for the falsity of the statement at issue to be corroborated by a second independent witness. Held. The falsity of the statements had been established by evidence from three independent an unconnected witnesses. Though there had indeed been a misdirection, the jury would have convicted had it been given, and the conviction stood.
	Perjury Act 1911 13

Regina -v- Mitchell [1993] Crim LR 788
1993 CACD	Crime	Casemap 1 Cites 1 Citers
	Theft Act 1968

Lockhart -v- Kevin Oliphant Ltd 1993 SLT 179
1993 HCJ Lord Justice Clerk Ross	Scotland, Health and Safety, Crime	Casemap 1 Citers
	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 [1993] Crim LR 581
1993 CACD	Crime	Casemap
	The defendant appealed his conviction for affray. With a co-accused he had asked a motorist in an aggressive manner to drive them to a particular destination and threatened to take the car if he did not do so. Under s3(3) a threat on a charge of affray cannot be made by the use of words alone. At trial Crown counsel argued that in addition to what was said there was conduct which created an aura of menace. Held: The appeal succeeded. The evidence was devoid of anything that went beyond the use of words alone.
	Public Order Act 1986 3(3)

Regina -v- Steele [1993] Crim LR 298
1993	Crime	Casemap 1 Citers
	The defendant appealed his conviction for possession of a firearm without a certificate. Held: The offence was absolute. The defendant was guilty because he knew he had a holdall with contents even though he did not know what those contents were.

Regina -v- Toney
27 Jan 1993 CACD	Crime
	Pervert course of Just by interfering with witness; unlawful means not essential.

Regina -v- Rook [1993] EWCA Crim 3; [1997] Cr App R 327; [1993] 2 All ER 955; [1993] Crim LR 698
29 Jan 1993 CACD	Crime	Casemap 1 Citers
	The fact that the appellant had absented himself on the day the murder was carried out by the defendant who did the killing did not amount to an unequivocal communication of the appellant's withdrawal from the scheme contemplated at the time he gave his assistance. The offence of counselling and procuring can be committed by the giving of assistance before the full offence. As in the case of joint enterprise where both parties are present at the scene of the crime, it is not necessary for the prosecution to show that a secondary party who lends assistance or encouragement before the commission of the crime intended the victim to be killed, or to suffer serious injury, provided it was proved that he foresaw the event as a real or substantial risk and nonetheless lent his assistance.
	Link[s] omitted

Murray -v- Director of Public Prosecutions [1993] RTR 209; [1993] Crim LR 968
4 Feb 1993 QBD Watkins LJ	Road Traffic, Crime	Casemap 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 [1993] AC 789; [1993] 2 WLR 316; [1992] UKHL 5
4 Feb 1993 HL Lord Keith of Kinkel, Lord Goff of Chieveley, Lord Lowry, Lord Browne-Wilkinson and Lord Mustill	Health, Health Professions, Administrative, Crime	Casemap 1 Cites 1 Citers
	The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. The practitioners sought to act in accordance with medical practice, but until the practice was universally accepted, applications should continue to be made to the Family Division. The issues should be considered urgently by Parliament. Any justification for invasive treatment no longer existed, and the doctors were correct to seek to discontinue treatment. The patient could himself no longer choose. It would not be unlawful to cease to provide the treatment which it had previously been a duty to perform. Lord Goff said: "I must however stress, at this point, that the law draws a crucial distinction between cases in which a doctor decides not to provide, or to continue to provide, for his patient treatment or care which could or might prolong his life, and those in which he decides, for example by administering a lethal drug, actively to bring his patient's life to an end. As I have already indicated, the former may be lawful, either because the doctor is giving effect to his patient's wishes by withholding treatment or care, or even in certain circumstances in which (on principles which I shall describe) the patient is incapacitated from stating whether or not he gives his consent. But it is not lawful for a doctor to administer a drug to his patient to bring about his death, even though that course is prompted by a humanitarian desire to end his suffering, however great that suffering may be: see Reg v Cox (unreported), 18 September 1992. So to act is to cross the Rubicon which runs between on the one hand the care of the living patient and on the other hand euthanasia - actively causing his death to avoid or to end his suffering. Euthanasia is not lawful at common law. It is of course well known that there are many responsible members of our society who believe that euthanasia should be made lawful; but that result could, I believe only be achieved by legislation which expresses the democratic will that so fundamental a change should be made in our law, and can, if enacted, ensure that such legalised killing can only be carried out subject to appropriate supervision and control. It is true that the drawing of this distinction may lead to a charge of hypocrisy; because it can be asked why, if the doctor, by discontinuing treatment, is entitled in consequence to let his patient die, it should not be lawful to put him out of his misery straight away, in a more humane manner, by lethal injection, rather than let him linger on in pain until he dies. But the law does not feel able to authorise euthanasia, even in circumstances such as these; for once euthanasia is recognised as lawful in these circumstances, it is difficult to see any logical basis for excluding it in others. "
	Link[s] omitted

Regina -v- Warwickshire County Council, ex parte Johnson [1993] WLR 1 HL; [1991] UKHL 11; [1993] AC 583; [1993] All ER 299
10 Feb 1993 HL	Consumer, Crime	Casemap 1 Cites
	The manager of a shop was not necessarily liable for a misleading price indication in the shop. There had been a national price reduction advertisement. A customer came into the shop to try to buy a television under the scheme. The store manager refused. The manager was charged with and convicted of giving misleading information as to price. Held: The appeal was allowed. Looking at statements made in Parliament on the passing of the Act, it could be seen that employees as such were exempted from liability for statements made by their employers.
	Consumer Protection Act 1987 20(1)
	Link[s] omitted

Hussain -v- Bradford City Council
15 Feb 1993 QBD	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 QBD	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 CA	Crime, Immigration, European	Casemap 1 Citers
	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 QBD	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 Unreported, 02 March 1993
2 Mar 1993 CACD	Crime	Casemap 1 Citers
	The defendant appealed his conviction for cheating the public revenue. Held: The court approved the judge's direction to the jury as follows: "The next direction I have to give you is what in law is cheating the Public Revenue. To cheat, members of the jury, is defined by the Concise Oxford Dictionary as: 'To deceive or trick a person into or out of a thing'. The common law offence of cheating the Public Revenue does not necessarily require a false representation either by words or conduct. Cheating can include any form of fraudulent conduct which results in diverting money from the Revenue and in depriving the Revenue of the money to which it is entitled. It has, of course, to be fraudulent conduct. That is to say, deliberate conduct by the defendant to prejudice, or take the risk of prejudicing, the Revenue's right to the tax in question knowing that it has no right to do so."

Regina -v- Brown (Anthony); Regina -v- Lucas;etc [1994] 1 AC 212; [1992] UKHL 7; [1993] 2 WLR 556; [1993] 2 All ER 75
11 Mar 1993 HL Lord Templeman, Lord Jauncey of Tullichettle, Lord Lowry, Lord Mustill and Lord Slynn of Hadley	Crime, Human Rights	Casemap 1 Cites 1 Citers
	The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that the prosecution had not needed to prove the absence of consent. They said it was their human right to give consent to such acts, as an expression of their sado-masochistic libido. Held: It was not in the public interest that injuries should be allowed to be inflicted on others without good reason. Sado-masochism was not a good reason. Articles 7 and 8 of the Convention have no application in these circumstances. Lord Mustill (dissenting) said: "As a matter of policy the courts have decided that the criminal law does not concern itself with these activities, provided that they do not go too far. It also seems plain that as the general social appreciation of the proper role of the state in regulating the lives of individuals changes with the passage of time, so we shall expect to find that the assumptions of the criminal justice system about what types of conduct are properly excluded from its scope, and what is meant by 'going too far' will not remain constant." Lord Jauncey: " I prefer the reasoning of Cave J. in Coney and of the Court of Appeal in the later three English cases which I consider to have been correctly decided. In my view, the line properly falls to be drawn between assault at common law and the offences of assault occasioning actual bodily harm created by s.47 of the Offences Against the Person Act 1861, with the result that consent of the victim is no answer to anyone charged with the latter offence or with a contravention of s. 20 unless the circumstances fall within one of the well known exceptions such as organised sporting contest and games, parental chastisement or reasonable surgery."
	Offences Against the Person Act 1861 20 47 - European Convention on Human Rights 7 8
	[ lip ] - [ Bailii ]

Regina -v- Kirkup
17 Mar 1993 CA	Crime
	Interpretation of 'immoral purpose' needs restating by Parliament.
	Sexual Offences Act 1956 32

H.M. Advocate -v- Harris [1993] ScotHC HCJ_1
18 Mar 1993 HCJ	Scotland, Crime
	Link[s] omitted

Regina -v- Shorrrok
22 Mar 1993 CACD	Crime
	Public nuisance committed on knowledge of risk of nuisance.

Regina -v- Leather (1993) 98 Cr App R 179; Times, 21 January 1993
24 Mar 1993 CA	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 [1993] QB 843; [1993] 97 Cr App R 395
23 Apr 1993 CACD	Crime	Casemap 1 Cites 1 Citers
	Acts carried out before the start of enquiry which was intended to interfere with that enquiry may still pervert cause of justice. Here a body or weapon had been hidden in order to impede the inquiry.

Regina -v- Kingston [1994] QB 81
10 May 1993 CACD Lord Taylor CJ	Crime	Casemap 1 Cites
	The defendant and a co-accused had sexually assaulted a boy. He appealed saying that the co-defendant had secretly administered drugs to him. Held. The appeal succeeded. Involuntary intoxication can be a sufficient defence to a criminal charge, since it has the effect of denying mens rea. Lord Taylor CJ said: "In our judgment, the question can be answered by turning to first principles. The importance of ensuring, under a system of law, that members of the community are safeguarded in their persons and property is obvious and was firmly stated in Reg. v. Majewski [1977] AC 443 (see for example the speech of Lord Edmund Davies at p 495). However, the purpose of the criminal law is to inhibit, by proscription and by penal sanction, anti-social acts which individuals may otherwise commit. Its unspoken premise is that people may have tendencies and impulses to do those things which are considered sufficiently objectionable to be forbidden. Having paedophiliac inclinations and desires is not proscribed; putting them into practice is. If the sole reason why the threshold between the two has been crossed is or may have been that the inhibition which the law requires has been removed by the clandestine act of a third party, the purposes of the criminal law are not served by nevertheless holding that the person performing the act is guilty of an offence. A man is not responsible for a condition produced 'by stratagem, or the fraud of another.' If therefore drink or a drug, surreptitiously administered, causes a person to lose his self control and for that reason to form an intent which he would not otherwise have formed, it is consistent with the principle that the law should exculpate him because the operative fault is not his. The law permits a finding that the intent formed was not a criminal intent or, in other words, that the involuntary intoxication negatives the mens rea. As was pointed out in argument, there is some analogy to be found here in the rationale underlying the defence of duress. While it is not necessary for the decision of this case, it appears to us that if the principle applies where the offence is one of basic intent, it should apply also where the offence is one of specific intent. We would add that there must be evidence capable of giving rise to the defence of involuntary intoxication before a judge is obliged to leave the issue to the jury. However, once there is an evidential foundation for the defence, the burden is upon the Crown to prove that the relevant intent was formed and that notwithstanding the evidence relied on by the defence it was a criminal intent. By answering the first of the questions put to him at the beginning of the trial in the negative, the learned judge may have inhibited a sufficient ventilation of this issue at a later stage. Further, by summing up as he did, the learned judge effectively withdrew the issue from the jury. In our judgment, that amounted to a material misdirection."

Regina -v- Scarlett [1993] 4 All ER 629
18 May 1993 CACD Beldam LJ	Crime	Casemap 1 Citers
	The force used by the defendant in self defence was justified even though there was a mistake as to the extent to which force was required. "If the mental element necessary to prove an assault is an intention to apply unlawful force to the victim, and the accused is to be judged according to his mistaken view of the facts, whether that mistake was on an objective view reasonable or not, we can see no logical basis for distinguishing between a person who objectively is not justified in using force, but mistakenly believes that the circumstances call for a degree of force objectively regarded as unnecessary. Where, as in the present case, an accused is justified in using some force and can only be guilty of an assault if the force used is excessive, the jury ought to be directed that he cannot be guilty of an assault unless the prosecution prove that he acted with the mental element necessary to constitute his action on assault, that is that the defendant intentionally or recklessly applied force to the person of another. (See R v Venna [1975] 3 All ER 788 at 793, [1976] 1 QB 421 at 429 per James LJ) Further, they should be directed that the accused is not to be found guilty merely because he intentionally or recklessly used force which they consider to have been excessive. They ought not to convict him and unless they are satisfied that the degree of force used was plainly more than was called for by the circumstances as he believed them to be and, provided he believed the circumstances called for the degree of force used, he is not to be convicted even if his belief was unreasonable."

Regina -v- Shulman, Regina -v- Prentice, Regina -v- Adomako & Regina -v- Holloway
21 May 1993 CACD	Crime, Health Professions
	A patient had been injected with the wrong medicine, and died as a result. Held: The ingredients of the offence of involuntary manslaughter by breach of duty are the existence and breach of a duty, which had caused death and gross negligence considered so serious as to justify a criminal conviction; the jury might properly find gross negligence on proof of indifference to an obvious risk of injury to health or of actual foresight of the risk coupled either with a determination nevertheless to run it or with an intention to avoid it but involving such a high degree of negligence in the attempted avoidance as the jury considered justified conviction or of inattention or failure to advert to a serious risk going beyond mere inadvertence in respect of an obvious and important matter which the defendant's duty demanded he should address; The appeals of the two junior doctors and the electrician would be allowed and the appeal of the anaesthetist, namely Dr. Adomako, was be dismissed.

Richardson, R. v [1993] EWCA Crim 4
24 May 1993 CACD	Crime
	Link[s] omitted

Regina -v- Brown
28 May 1993 CACD 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 QBD	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 QBD	Crime
	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 (1993) 98 Cr App R 100
4 Jun 1993 CACD	Crime	Casemap 1 Citers
	The appellant had bought five consignments of drugs from a Hong Kong supplier and sold them on to an African buyer, from whom in each case he had received the purchase price which he had paid on to the supplier. He appealed confiscation orders in the amount of the sums received saying that these sums had been paid on. Held: The appeal failed. A drug trafficking middleman is liable to a confiscation order on the receipts not just on profits. The proceeds of sale were not profit made in the sale but the sale price. It was clear that where there is a chain of contracts each purchase price is a payment. This result could not be avoided by treating the intermediary as a postman, and those acting as a conduit should not be treated differently.
	Drug Trafficking Offenders Act 1986

Rukira -v- Director of Public Prosecutions
9 Jun 1993 QBD	Crime
	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) [1993] 4 All ER 683
21 Jun 1993 CACD	Crime	Casemap 1 Cites 1 Citers
	Driving without awareness cannot be used as a defence of automatism, where the loss of awareness was short of the total loss of voluntary control.
	Criminal Justice Act 1972

Regina -v- Jefferson; Regina -v- Skerritt; Regina -v- Readman; Regina -v- Keogh
22 Jun 1993 CACD	Crime, Judicial Review
	Aiding and abetting, as a common law offence, is applicable to all Acts including offences under the 1986 Act.
	Public Order Act 1986

Regina -v- Knightsbridge Crown Court ex parte Dunne; Brock -v- Director of Public Prosecutions
7 Jul 1993 QBD	Animals, Crime
	"Type of Dog" has a broader meaning than the phrase "Breed of Dog". American breed standards include characteristic behaviour also.
	Dangerous Dogs Act 1991 1(1)(a)

Regina -v- Metropolitan Stipendiary Magistrate Ex Parte Chaudhry [1994] QB 340
9 Jul 1993 QBD Kennedy LJ, Bell J	Judicial Review, Crime, Magistrates	Casemap 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 ECJ	Crime, European
	Article 90 prevents monopoly by national body on specific postal services.

Regina -v- Kenny
27 Jul 1993 CA	Crime
	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
30 Jul 1993 CACD	Crime	Casemap 1 Cites 1 Citers
	The defendant was accused of having obtained by deception a mortgage advance, the amount having been paid by electronic transfer. Held: The sum of money represented by a figure in a bank account was not fully property for the purposes of the section. The reduction of the sum standing in the lending institution's account, and the corresponding increase in the sum standing to the credit of the mortgagor's solicitor's account, constituted the obtaining of intangible property within section 15(1).
	Thet Act 1968 15(1)

Regina -v- Bull
18 Aug 1993 CA	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- Crick and Another
18 Aug 1993 CACD	Crime
	Balance transferred electronically is 'other intangible property'.
	Theft Act 1968 4(1)

Regina -v- Morhall
23 Aug 1993 CACD	Crime	Casemap 1 Cites 1 Citers
	A self induced addiction to glue sniffing is inconsistent with a reasonable man. Judge to say if a characteristic is consistent with the reasonable man test for the purposes of judging provocation.
	Homicide Act 1957 3

Chorherr -v- Austria [1993] ECHR 36; 13308/87; (1993) 17 EHRR 358;; [1993] ECHR 36
25 Aug 1993 ECHR	Human Rights, Crime	Casemap 1 Citers
	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 CA	Crime
	No doubt about convictions of M25 three. The evidence difficulties had been put before the jury.

Regina -v- Duffas
11 Oct 1993 CA	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 CCC	Crime
	Proceedings were stayed after great adverse publicity made a fair trial impossible.

Fook, Regina -v- [1993] EWCA Crim 1
22 Oct 1993 CACD	Crime	Casemap 1 Cites
	The defendant appealed his conviction for assault. He had suspected a lodger of theft, and was accused of having assaulted him while interrogating him about it. He locked the complainant in his room, but he then fell whilst escaping through a first floor window. The prosecution was on the basis that the terror induced itself was an assault occasioning actual bodily harm. Held: "[In] the phrase "actual bodily harm" . . [are] three words of the English language which receive no elaboration and in the ordinary course should not receive any. The word "harm" is a synonym for injury. The word "actual" indicates that the injury (although there is no need for it to be permanent) should not be so trivial as to be wholly insignificant. The purpose of the definition in section 47 is to define an element of aggravation in the assault. It must be an assault which besides being an assault (or assault and battery) causes to the victim some injury". Accordingly the phrase "actual bodily harm" is capable of include psychiatric injury. But it does not include mere emotions such as fear or distress nor panic nor does it include, as such, states of mind that are not themselves evidence of some identifiable clinical condition. The phrase "state of mind" is not a scientific one and should be avoided in considering whether or not a psychiatric injury has been caused; its use is likely to create in the minds of the Jury the impression that something which is no more than a strong emotion, such as extreme fear or panic, can amount to actual bodily harm. It cannot.
	Offences Against the Person Act 1861 46
	Link[s] omitted

In Re Baretto
26 Oct 1993 CA	Crime
	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
28 Oct 1993 CACD	Crime, Planning
	The use of land contrary to an enforcement notice is an offence of absolute liability. The burden was on the user of land to establish what uses were lawful.
	Town and Country Planning Act 1971 89(5)

Blackburn and Others -v- Bowering and Another [1994] 1 WLR 1324
5 Nov 1993 CA Sir Thomas Bingham MR	Crime, Contempt of Court	Casemap 1 Cites
	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 [1994] 99 Cr App R 147
15 Nov 1993 CACD Hobhouse J	Criminal Practice, Crime	Casemap 1 Citers
	"Actual bodily harm" under the 1861 Act, may include injury to any part of the body, including internal organs, the nervous system and the brain. It is capable of including psychiatric injury, but not mere emotion such as fear, distress or panic."Similarly an injury can be caused to someone by injuring their health; an assault may have the consequence of infecting the victim with a disease or causing the victim to become ill. The injury may be internal and may not be accompanied by any external injury." andf "In any case where pyschiatric injury is relied upon as the basis for an allegation of bodily harm, and the matter has not been admitted by the defence, expert evidence should be called by the prosecution. It should not be left to be inferred by the jury from the general facts of the case. In the absence of appropriate expert evidence, a question whether or not the assault occasioning pyschiatric injury should not be left to the jury . . There is no reason for refusing to have regard to psychiatric injury as the consequence of an assault if there is properly qualified evidence that it has occurred." and "In the case of Attia, the Court of Appeal discussed where the borderline should be drawn between, on the one hand, the emotions of distress and grief and on the other hand some actual pyschiatric illness such as anxiety, neurosis or a reactive depression. The authorities recognised that there is a line to be drawn and whether any given case falls on one side or the other is a matter for expert evidence. The civil cases are also concerned with the broader question of the boundaries of the law of negligence and the duty of care, which do not concern us. Accordingly, the phrase "actual bodily harm" is capable of including pyschiatric injury. But it does not include mere emotion such as fear, distress or panic, nor does it include, as such, states of mind that are not themselves evidence of some identifiable clinical condition. The phrase "state of mind" is not a scientific one and should be avoided in considering whether or not the pyschiatric injury has been caused; its use is likely to create in the minds of the jury the impression that something which is no more than a strong emotion, such as extreme fear or panic, can amount to actual bodily harm. It cannot. Similarly, juries should not be directed that an assault which causes a hysterical and nervous condition is an assault occasioning actual bodily harm. Where there is evidence that the assault has caused some pyschiatric injury, the jury should be directed that injury is capable of amounting to actual bodily harm; otherwise there should be no reference to the mental state of the victim following the assault unless it be relevant to some other aspect of the case, as it was in Roberts".
	Offences Against the Person Act 1861 47

Attorney-General's Reference (No 3 of 1992) [1994] 2 All ER 121
18 Nov 1993 CA	Crime
	The offence of attempted aggravated arson does not need proof of a specific intent to endanger life. Recklessness may be sufficient.

Regina -v- Wadland Unreported, 18 November 1993
18 Nov 1993 CACD Glidewell LJ	Crime
	The defendant appealed his conviction for causing a public nuisance, having made substantial numbers of obscene telephone calls to women. Held: The conviction stood

Bernard Keck and Daniel Mithouard (Rec 1993,p I-6097) (SV93-431) (Judgment) C-267/91; [1993] EUECJ C-267/91
24 Nov 1993 ECJ	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
	Link[s] omitted

Regina -v- Brockley [1994] 99 Cr App R 385
25 Nov 1993 CACD	Insolvency, Company, Crime	Casemap 1 Citers
	The offence of acting as a company director whilst being an undischarged bankrupt is an absolute offence.
	Company Directors Disqualification Act 1986 11(1)

Windsor (Stephen John), Petitioner [1993] ScotHC HCJ_2
7 Dec 1993 HCJ	Scotland, Crime
	Link[s] omitted

Regina -v- Bezzina, Regina -v- Codling, Regina -v- Elvin
7 Dec 1993 CACD	Animals, Crime
	The offence under section 3(1), requiring the owner to keep a dangerous dog under control, is one of strict liability. The court noted the difference in wording between the sections.
	Dangerous Dogs Act 1991 3(1) 3(2)(3)

The Director of Public Prosecutions -v- Bailey [1993] UKPC 46; [1995] 1 Cr App R 257
15 Dec 1993 PC Templeman, Ackner, Mustill, Slynn, Woold LL	Commonwealth, Crime	Casemap
	A lawfully armed Jamaican policeman fell into confrontation with two others. During the confrontation he shot one of them and claimed he did so in self-defence. Held:In those circumstances it was clear that self-defence should have been left for consideration by the jury.
	Link[s] omitted

Sutherland (James William) -v- Hma [1993] ScotHC HCJ_3
17 Dec 1993 HCJ	Scotland, Crime
	Link[s] omitted