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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: 1993 To: 1993

This page lists 69 cases, and was prepared on 15 July 2015.

 
Regina -v- Shorrock [1993] 98 Cr App R 67; [1994] QB 279
1993
CACD
Rattee LJ, Simon Brown LJ and Popplewell J
Nuisance, Crime
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".
1 Cites

1 Citers


 
Stobo -v- HM Advocate 1993 SCCR 1105
1993
HCJ

Crime, Scotland, Criminal Evidence

1 Citers



 
 Attorney General of Hong Kong -v- Lee Kwong-Kut; PC 1993 - [1993] AC 951
 
Regina -v- Bailey and Smith [1993] 97 Cr App R 365
1993
CACD

Crime

1 Citers



 
 Bugg -v- Director of Public Prosecutions; Director of Public Prosecutions -v- Percy; QBD 1993 - [1993] QB 473; [1993] 2 WLR 628
 
Regina -v- Steele [1993] Crim LR 298
1993


Crime
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.
1 Citers



 
 Director of Public Prosecutions -v- McCabe; 1993 - [1993] 157 JP 443
 
Regina -v- Aitken [1993] 95 Crim App R 304
1993
CACD

Crime
High-spirited, "horseplay" which resulted in serious injury.
1 Citers


 
Regina -v- Charlie Williamson (1993) 30 JLR
1993


Crime, Commonwealth
(Court of Appeal of Jamaica)
1 Citers


 
Regina -v- Dixon [1993] Crim LR 579
1993
CACD

Crime
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.
1 Citers


 
Regina -v- Robinson [1993] Crim LR 581
1993
CACD

Crime
The defendant appealed against 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)
1 Citers


 
Normand -v- Lucas 1993 GWD 15-975
1993


Scotland, Animals, Crime
A lady had fallen in the street and was sitting on a wall when the appellant appeared, along with a small Jack Russell dog. The lady who had fallen encouraged the dog to sit on her knee whilst she was on the wall. She leaned forward and the dog unexpectedly bit her face. Her husband left the scene to summon help from a relative, along with an ambulance. Other individuals appeared on the scene and at the stage when the injured lady was being put into the ambulance the dog bit someone else. Held: The Court noted that while there may not have been evidence from which the sheriff could have inferred that the dog was dangerously out of control when it bit the first lady by the stage of the subsequent bite "there was material upon which the sheriff could have inferred that there were grounds for reasonable apprehension that the dog would injure someone".
1 Citers



 
 Regina -v- Mitchell; CACD 1993 - [1993] Crim LR 788
 
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)

 
Lockhart -v- Kevin Oliphant Ltd 1993 SLT 179
1993
HCJ
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
1 Citers



 
 Regina -v- Carroll and others; CACD 1993 - [1994] 99 CAR 38; [1993] Crim LR 613

 
 Regina -v- Toney; CACD 27-Jan-1993 - Gazette, 27 January 1993

 
 Regina -v- Rook; CACD 29-Jan-1993 - Gazette, 21 April 1993; [1993] EWCA Crim 3; [1997] Cr App R 327; [1993] 2 All ER 955; [1993] Crim LR 698

 
 Airedale NHS Trust -v- Bland; HL 4-Feb-1993 - [1993] AC 789; [1993] 2 WLR 316; [1992] UKHL 5

 
 Murray -v- Director of Public Prosecutions; QBD 4-Feb-1993 - Times, 09 February 1993; [1993] RTR 209; [1993] Crim LR 968

 
 Regina -v- Warwickshire County Council, ex parte Johnson; HL 10-Feb-1993 - Gazette, 10 February 1993; [1993] WLR 1 HL; [1991] UKHL 11; [1993] AC 583; [1993] All ER 299

 
 Hussain -v- Bradford City Council; QBD 15-Feb-1993 - Ind Summary, 15 February 1993
 
Tesco Stores Ltd -v- Brent London Borough Council Gazette, 07 April 1993; Times, 16 February 1993; [1993] 1 WLR 1037
16 Feb 1993
QBD

Crime
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)
1 Citers


 
Regina -v- Secretary of State for the Home Department ex parte Marchon Times, 23 February 1993; [1993] Imm AR 384
23 Feb 1993
CA

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.
1 Citers


 
Gillingham Borough Council -v- Cock Ind Summary, 01 March 1993
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
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."
1 Citers


 
Board of Trustees of The Science Museum, R -v- [1993] EWCA Crim 2
9 Mar 1993
CACD

Crime

[ Bailii ]

 
 Regina -v- Brown (Anthony); Regina -v- Lucas;etc; HL 11-Mar-1993 - Independent, 12 March 1993; [1994] 1 AC 212; [1992] UKHL 7; [1993] 2 WLR 556; [1993] 2 All ER 75

 
 Regina -v- Kirkup; CA 17-Mar-1993 - Gazette, 17 March 1993
 
H.M. Advocate -v- Harris [1993] ScotHC HCJ_1
18 Mar 1993
HCJ

Scotland, Crime

[ Bailii ]

 
 Regina -v- Shorrrok; CACD 22-Mar-1993 - Ind Summary, 22 March 1993
 
Regina -v- Leather Gazette, 24 March 1993; (1993) 98 Cr App R 179; Times, 21 January 1993
24 Mar 1993
CA

Crime
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)
1 Citers



 
 Regina -v- Rafique and Others; CACD 23-Apr-1993 - Independent, 23 April 1993; Gazette, 16 June 1993; [1993] QB 843; [1993] 97 Cr App R 395

 
 Regina -v- Kingston; CACD 10-May-1993 - Gazette, 16 June 1993; Independent, 11 May 1993; Times, 10 May 1993; [1994] QB 81

 
 Regina -v- Scarlett; CACD 18-May-1993 - Times, 18 May 1993; [1993] 4 All ER 629

 
 Regina -v- Shulman, Regina -v- Prentice, Regina -v- Adomako & Regina -v- Holloway; CACD 21-May-1993 - Independent, 21 May 1993; Gazette, 30 June 1993; Times, 21 May 1993
 
Richardson, Regina v- [1993] EWCA Crim 4; (1994) 98 Cr App R 174
24 May 1993
CACD
Lord Gosforth LCJ, Owen, Blofeld JJ
Crime
Appeal against conviction for murder.
[ Bailii ]

 
 Regina -v- Brown; CACD 28-May-1993 - Times, 04 June 1993
 
Regina -v- Director of Public Prosecutions Times, 01 June 1993
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 Independent, 04 June 1993; Times, 02 June 1993
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; CACD 4-Jun-1993 - Times, 04 June 1993; (1993) 98 Cr App R 100
 
Rukira -v- Director of Public Prosecutions Times, 09 June 1993
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); CACD 21-Jun-1993 - Gazette, 14 July 1993; Ind Summary, 21 June 1993; Times, 31 May 1993; [1993] 4 All ER 683

 
 Regina -v- Jefferson; Regina -v- Skerritt; and similar; CACD 22-Jun-1993 - Ind Summary, 09 August 1993; Times, 22 June 1993

 
 Regina -v- Knightsbridge Crown Court ex parte Dunne; Brock -v- Director of Public Prosecutions; QBD 7-Jul-1993 - Independent, 07 July 1993; Times, 23 July 1993
 
Regina -v- Metropolitan Stipendiary Magistrate Ex Parte Chaudhry Independent, 09 July 1993; Times, 14 September 1993; [1994] QB 340
9 Jul 1993
QBD
Kennedy LJ, Bell J
Judicial Review, Crime, Magistrates
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)
1 Citers


 
Criminal Proceedings Against Paul Corbeau (Civil Party: Regie Des Posts) Times, 21 July 1993
21 Jul 1993
ECJ

Crime, European
Article 90 prevents monopoly by national body on specific postal services.

 
Regina -v- Kenny Times, 27 July 1993
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; CACD 30-Jul-1993 - Times, 18 August 1993; Ind Summary, 06 September 1993
 
Regina -v- Bull Gazette, 13 October 1993; Times, 18 August 1993
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- Morhall; CACD 23-Aug-1993 - Gazette, 06 October 1993; Ind Summary, 23 August 1993; Times, 17 August 1993
 
Chorherr -v- Austria [1993] ECHR 36; 13308/87; (1993) 17 EHRR 358; [1993] ECHR 36
25 Aug 1993
ECHR

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
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Regina -v- Johnson and Others Ind Summary, 27 September 1993
27 Sep 1993
CA

Crime
No doubt about convictions of M25 three. The evidence difficulties had been put before the jury.

 
Regina -v- Duffas Times, 19 October 1993; Ind Summary, 11 October 1993
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 Independent, 19 October 1993
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
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
1 Cites

[ Bailii ]
 
In Re Baretto Independent, 29 October 1993; Times, 26 October 1993
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; CACD 28-Oct-1993 - Times, 28 October 1993; Gazette, 08 December 1993

 
 Regina -v- Wain; CACD 1-Nov-1993 - Ind Summary, 01 November 1993
 
Blackburn and Others -v- Bowering and Another Times, 05 November 1993; [1994] 1 WLR 1324
5 Nov 1993
CA
Sir Thomas Bingham MR
Crime, Contempt of Court
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)
1 Cites

1 Citers



 
 Regina -v- Chan-Fook; CACD 15-Nov-1993 - Times, 19 November 1993; Ind Summary, 15 November 1993; [1994] 99 Cr App R 147
 
Regina -v- Wadland Unreported, 18 November 1993
18 Nov 1993
CACD
Glidewell LJ
Crime
The defendant appealed against his conviction for causing a public nuisance, having made substantial numbers of obscene telephone calls to women. Held: The conviction stood

 
Attorney-General's Reference (No 3 of 1992) Gazette, 19 January 1994; Times, 18 November 1993; [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.

 
Bernard Keck and Daniel Mithouard (Rec 1993,p I-6097) (SV93-431) (Judgment) Times, 25 November 1993; 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
[ Europa ] - [ Bailii ]

 
 Regina -v- Brockley; CACD 25-Nov-1993 - Gazette, 26 January 1994; Times, 25 November 1993; [1994] 99 Cr App R 385

 
 Regina -v- Bezzina, Regina -v- Codling, Regina -v- Elvin; CACD 7-Dec-1993 - Gazette, 02 February 1994; Times, 07 December 1993; [1994] 1 WLR 1057
 
Windsor (Stephen John), Petitioner [1993] ScotHC HCJ_2
7 Dec 1993
HCJ

Scotland, Crime

[ Bailii ]
 
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
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.
1 Citers

[ Bailii ]
 
Sutherland (James William) -v- Hma [1993] ScotHC HCJ_3
17 Dec 1993
HCJ

Scotland, Crime

[ Bailii ]
 
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