Links: Home | swarblaw - law discussions

swarb.co.uk - law index


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: 1996 To: 1996

This page lists 118 cases, and was prepared on 21 May 2019.

 
Whiteside v HM Advocate 1996 SLT 299
1996
HCJ

Crime


 
Taikato v Regina (1996) 186 CLR 454
1996

Brennan CJ
Commonwealth, Crime
(High Court of Australia) The court was asked whether an individual carrying a formaldehyde spray possessed it "for a lawful purpose". Held: She did not do so even though it was a purpose not prohibited by law, namely self defence: "'Lawful purpose' in [the relevant legislation] should be read as a purpose that is authorised, as opposed to not forbidden, by law because that meaning best gives effect to the object of the section. The meaning of 'lawful' depends on its context, as Napier J pointed out in Crafter v Kelly [[1941] SASR 237 at 243]. As a result, a 'lawful purpose' may mean a purpose not forbidden by law or not unlawful under the statute that enacts the term . . ; or it can mean a purpose that is supported by a positive rule of law . .
As a general rule, interpreting 'lawful purpose' in a legislative provision to mean a purpose that is not forbidden, rather than positively authorised, by law is the interpretation that best gives effect to the legislative purpose of the enactment. This is because statutes are interpreted in accordance with the presumption that Parliament does not take away existing rights unless it does so expressly or by necessary implication . . Nevertheless, the purpose, context or subject matter of a legislative provision may indicate that Parliament has used the term 'lawful purpose' to mean a purpose that is positively authorised by law."
1 Citers



 
 Kent County Council v Brockman; 1996 - (1996) 1 PLR 1
 
Regina v O'Hadhmaill [1996] Crim LR 509
1996
CACD

Crime
The defendants appealed conviction for conspiracy to cause explosions. During an IRA ceasefire, they had made bombs intending them to be used only if the ceasefire failed. Held: The convictions were proper.
1 Citers


 
Anderson v HM Advocate 1996 JC 29
1996
HCJ
The Lord Justice General (Hope
Crime
The court considered the effect on a conviction of a failure by defence counsel. After considering the authorities: "It can only be said to have resulted in a miscarriage of justice if it has deprived the accused of his right to a fair trial. That can only be said to have occurred where the conduct was such that the accused's defence was not presented to the court. This may be because the accused was deprived of the opportunity to present his defence, or because his counsel or solicitor acted contrary to his instructions as to the defence which he wished to be put or because of other conduct which had the effect that, because his defence was not presented to the court, a fair trial was denied to him."
1 Cites

1 Citers


 
Regina v Owino (1996) 2 Cr App R 128
1996
CACD
Beldam LJ
Crime
The court considered the degree of force a defendant could use in self defence: The test of the appropriate degree of force a person was entitled to use in self-defence was not any degree of force which he believed was reasonable, however well or ill founded the belief. A jury must decide whether a defendant honestly believed that the circumstances were such as required him to use force to defend himself from an attack or threatened attack. The defendant must be charged in accordance with his honest belief, even though that belief may be mistaken. But the jury has then to decide whether the force used was reasonable in the circumstances as he believed them to be: "A jury must decide whether a defendant honestly believed that the circumstances were such as required him to use force to defend himself from an attack or threatened attack; the jury has then to decide whether the force used was reasonable in the circumstances."
1 Citers


 
Regina v Perman [1996] 1 Cr App R 24
1996
CACD

Crime
The court described restrictions on the acceptability of verdicts of manslaughter in substitution where murder had been charged.
1 Citers


 
In re Ronald A Prior and Co (Solicitors) [1996] Cr App R 248
1996


Crime, Legal Professions

1 Citers


 
Bates v United Kingdom 26280/95; Unreported, 16 January 1996
16 Jan 1996
ECHR

Human Rights, Animals, Crime
The claimant sought to challenge the rebuttable presumption as to the breed of a dog enacted in section 5(5) of the Act. Held: The applicant had been entitled but, although represented, had failed, to call evidence to prove at trial that his dog was not of the breed proscribed by the Act, and that the court had relied on an admission by him that the dog was of the breed proscribed. The section was held to fall within reasonable limits. The complaint was inadmissible.
Dangerous Dogs Act 1991 5
1 Citers


 
Regina v Berry Times, 29 January 1996
29 Jan 1996
CACD

Crime
A conviction for child abduction was set aside. There had been a wrong direction on 'child in question'.
Child Abduction Act 1984 2(3)

 
Attorney General's Reference (No 1 of 1995); Regina v B; Regina v F Times, 30 January 1996; Gazette, 14 February 1996; [1996] 1 WLR 970
30 Jan 1996
CACD
Lord Taylor of Gosforth CJ
Banking, Crime
The offence of accepting an unauthorised deposit requires both knowledge of the act and an agreement to it. Where "consent" is alleged against him, a defendant has to be proved to know the material facts which constitute the offence by the body corporate and to have agreed to its conduct of the business on the basis of those facts.
Banking Act 1987 3 96(1)
1 Citers



 
 Regina v Brown (Gregory); HL 9-Feb-1996 - Gazette, 13 March 1996; Independent, 13 February 1996; Times, 09 February 1996; [1996] AC 543; [1996] 1 All ER 545
 
Regina v O'Hadmaill Times, 13 February 1996
13 Feb 1996
CACD

Crime
A refusal to add an alternative charge suggested by the defence in closing was not fatal to the conviction.

 
Greener v Director of Public Prosecutions Times, 15 February 1996
15 Feb 1996
QBD

Animals, Crime
The offence committed by a dog owner by his failure to secure the dog successfully, was capable of being committed by acts of omission.
Dangerous Dogs Act 1991 3(3)


 
 Regina v Corbett; CACD 27-Feb-1996 - [1996] EWCA Crim 1793; [1996] Crim LR 594
 
Regina v Mellor Times, 29 February 1996
29 Feb 1996
CACD

Crime
The requirement for proof that the defendant caused a death is satisfied by showing significant contribution; his act need not be the only cause.

 
Regina v Bowen [1996] EWCA Crim 1792; [1997] 1 WLR 372; [1996] 2 Cr App R 157
5 Mar 1996
CACD
Stuart-Smith LJ, Buckley, Hyam JJ
Crime
The defendant appealed against his conviction for obtaining services by deception.
[ Bailii ]

 
 Regina v Wilson; CACD 5-Mar-1996 - Times, 05 March 1996; [1996] 2 Crim App R 241
 
Regina v Sanchez Times, 06 March 1996; [1996] Crim LR 572
6 Mar 1996
CACD

Crime
The defendant had been convicted of an affray when she had lunged at her boyfriend with a knife in a car park. Held: The appeal succeeded. A 'person of reasonable firmness' who must be concerned for an affray offence to be committed, must be a third party, and not the victim of the affray. The trial judge had failed to direct the jury to consider whether a reasonable hypothetical bystander would have feared for his personal safety.
Public Order Act 1986
1 Citers


 
Regina v Parole Board, ex Parte Watson Times, 11 March 1996; [1996] EWCA Crim 44; [1996] 1 WLR 906
11 Mar 1996
CA
Sir Thomas Bingham MR
Criminal Sentencing, Crime
The test as to whether there was still a need to protect the public safety from the defendant was just as appropriate when considering the revocation of a licence, as it was when the need for continued detention was being reviewed before the grant of the licence: "In exercising its practical judgment the Board is … balancing the hardship and injustice of continuing to imprison a man who is unlikely to cause serious injury to the public against the need to protect the public against a man who is not unlikely to cause such injury. In other than a clear case this is bound to be a difficult and very anxious judgment. But in the final balance the Board is bound to give preponderant weight to the need to protect innocent members of the public against any significant risk of serious injury." The Parole Board, in exercising this very important function, is an independent and impartial tribunal for purposes of article 6(1) of the European Convention. It is the primary decision-maker, and is not entitled to defer to the opinion of the Secretary of State or a probation officer.
Criminal Justice Act 1991 39
1 Cites

1 Citers

[ Bailii ]
 
Adams, R v [1996] EWCA Crim 10
1 Apr 1996
CACD

Crime

[ Bailii ]

 
 Luc Thiet Thuan v The Queen; PC 2-Apr-1996 - Gazette, 01 May 1996; Times, 02 April 1996; [1996] 2 Crim App R 178; [1997] AC 131; [1996] 2 All ER 1033; [1996] 3 WLR 45; [1996] UKPC 57
 
Regina v Clarke [1996] EWCA Crim 1804; [1996] Crim LR 824
2 Apr 1996
CACD
Rose LJ, Hidden, Buxton JJ
Crime
Several people had lost large sums of mony by a fraud. The defendant had approached them offering his services as a private investigator to seek to recover their money. He pleaded guilty to one allegation of deception after an indication from the judge as to his intended direction on dishonesty which would disapply the defendant's defence under Ghosh. He sought to assert that though he made misrepresentations to obtain the work, he honestly thought he could do it. Held: The appeal succeeded. The defendant's case on dishonesty was unduly constrained by the judge's ruling that in effect excluded evidence of his belief as to his ability to perform the work and the evidence the court was told could also be adduced as to his ability to do that. It also excluded the actual evidence that was eventually accepted as part of his mitigation, that he had in fact performed the work.
Theft Act 1968 16
1 Cites

[ Bailii ]
 
Director of Public Prosecutions v Mills Times, 02 April 1996
2 Apr 1996
QBD

Crime
The offence of intimidation does not require the presence of the attacker and the victim together in one place.
Criminal Justice and Public Order Act 1994 51(1)

 
Regina v Scott Times, 10 April 1996
10 Apr 1996
CACD

Crime
Special facts can affect the probative value of lifestyle in drugs possession cases.

 
Regina v Bowen Gazette, 24 April 1996; [1997] 1 WLR 372
24 Apr 1996
CACD

Crime
The low IQ of the defendant was not relevant to jury's consideration of the effect of duress as a defence. The age and sex of the defendant (but possibly no other characteristics) are relevant to the cogency of the threat.
1 Citers


 
Adams, R v [1996] EWCA Crim 222
26 Apr 1996
CACD

Crime

[ Bailii ]
 
Clarke, Regina v [1996] EWCA Crim 281
30 Apr 1996
CACD

Crime

[ Bailii ]
 
Sookermany v Director of Public Prosecutions (1996) 48 WIR 346
1 May 1996

de la Bastide CJ
Commonwealth, Crime
The Court of Appeal of Trinidad and Tobago dismissed an appeal against refusal of constitutional relief claimed on the ground of undue delay:- "As there are admittedly measures available to a trial judge to negative the prejudicial effect on the defence of delay, there would seem to me to be no reason why a court following the lead given by the Board in [Boodram] should not in all but the most exceptional circumstances refuse to stay criminal proceedings on a constitutional motion brought for that purpose, and leave it for the trial judge to determine what measures he should take to counteract the prejudicial effect of the delay and if he should conclude that no effective counteraction is possible, himself to order the proceedings stayed."
1 Citers


 
T v Director of Public Prosecutions, H v Director of Public Prosecution, L v Director of Public Prosecutions Times, 31 May 1996; [1996] EWCA Crim 313
2 May 1996
CACD

Criminal Evidence, Crime
A child's knowledge that an action was seriously wrong had been found by court without direct evidence.
[ Bailii ]
 
Murray and Others, Regina v [1996] EWCA Crim 315; [1997] 2 Cr App R 136
10 May 1996
CACD
Otton LJ, Latham, Harrison JJ
Crime
Appeals against conviction of possession of heroin with intent to supply.
[ Bailii ]
 
Regina v James Alexander Campbell (2) [1996] EWHC Admin 10
13 May 1996
Admn

Crime

[ Bailii ]

 
 Regina v Johnson; CACD 14-May-1996 - Gazette, 12 June 1996; Times, 22 May 1996; [1996] EWCA Crim 428; [1996] 2 Cr App R 434; [1997] 1 WLR 367

 
 Regina v Ireland; CACD 14-May-1996 - Times, 22 May 1996; Gazette, 19 June 1996; [1996] EWCA Crim 441; [1997] QB 114
 
Nerva and Others v R L and G (T/a Paradiso E Inferno and Trota Blu Wine Bar) Times, 28 May 1996; Gazette, 19 June 1996; [1996] EWCA Crim 449; [2002] IRLR 815; [1997] ICR 11
15 May 1996
CACD

Employment, Crime
A waiter's tips which were received, and then re-distributed by the employer, are part of the employees' wages for minimum wage purposes. The gratuities became the employer's property so that when they paid the waiters their share of them, they were doing so with their (the employer's) own money and such payments therefore counted towards the remuneration they paid.
Wages Council Act 1979 - Wages Act 1986 16(1)
1 Citers

[ Bailii ]
 
Director of Public Prosecutions v Waite Times, 17 May 1996; (1996) 160 JP 545
17 May 1996
QBD

Crime, Police
The defendant had a scanner tuned to listen in to the police channel. He committed an offence under the section.
Wireless Telegraphy Act 1949 5(b)(i)
1 Citers


 
Wu Chun-Piu v the Queen Gazette, 30 May 1996; Times, 17 May 1996
17 May 1996
PC

Crime, Commonwealth
(Hong Kong) Admissions made by counsel in mitigation may not preclude an appeal against a conviction.


 
 Lamey v The Queen; PC 20-May-1996 - Times, 22 May 1996; [1996] UKPC 14; [1996] 1 WLR 902
 
Regina v Hancock etc Times, 11 July 1996; [1996] EWCA Crim 569
6 Jun 1996
CACD

Crime
The particulars listed in a conspiracy indictment are not made necessary ingredients of the offence.
[ Bailii ]
 
Regina v Thornton (SE) (No 2) Times, 06 June 1996; [1996] 1 WLR 1174
6 Jun 1996
CACD

Crime
Battered woman syndrome may be part of provocation if it causes a loss of control. The history of the relationship between the appellant and the deceased could properly be taken into account in deciding whether the final provocation was enough to make the statutory ordinary person act as he did.
1 Cites

1 Citers


 
Regina v South Ribble Magistrates ex parte Cochrane [1996] EWCA Crim 600; [1996] 2 Cr App R 544
7 Jun 1996
CACD

Crime

1 Citers

[ Bailii ]
 
Regina v Darren John Johnston [1996] EWCA Crim 652
17 Jun 1996
CACD

Crime

[ Bailii ]
 
Smith, Regina v [1996] EWCA Crim 1803
20 Jun 1996
CACD

Crime

[ Bailii ]

 
 Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals); HL 10-Jul-1996 - Gazette, 29 August 1996; Times, 11 July 1996; [1996] 3 WLR 255; [1996] 3 All ER 481; [1996] AC 815; HL/PO/JU/18/256; [1996] 2 Cr App R 524
 
Regina v Geddes Times, 16 July 1996; [1996] Crim LR 894; (1996) 160 JP 697
16 Jul 1996
CACD

Crime
There need not always be a clear division on the facts between acts which are merely preparatory and actual attempts under the Act: "The cases show that the line of demarcation between acts which are merely preparatory and acts which may amount to an attempt is not always clear or easy to recognise. There is no rule of thumb test. There must always be an exercise of judgment based on the particular facts of the case."
An accurate paraphrase of the English test was to ask whether the available evidence, if accepted, could show that a defendant has done an act which shows that he has actually tried to commit the offence in question, or whether he has only got ready or put himself in a position or equipped himself to do so.
Criminal Attempts Act 1981 1(1)

 
Hookey, R v [1996] EWCA Crim 679
19 Jul 1996
CACD

Crime

[ Bailii ]

 
 Regina v Marsh; CACD 19-Jul-1996 - Times, 19 July 1996; [1997] 1 Cr App R 67
 
AMEC Building Limited and Squibb and Davies Limited v London Borough of Camden [1996] EWHC Admin 41
19 Jul 1996
Admn

Environment, Crime

Environmental Protection Act 1990 80(4) - Control of Pollution Act 1974 60(8)
1 Cites


 
Cooper v Westminster City Council [1996] EWHC Admin 45
19 Jul 1996
Admn

Licensing, Crime

London Local Authorities Act 1990 38(1)(a)


 
 Regina v Giannetto; CACD 19-Jul-1996 - Times, 19 July 1996; [1997] 1 Cr App R 1; [1996] EWCA Crim 1805
 
Regina v O'Donnell [1996] EWCA Crim 697
22 Jul 1996
CACD

Crime
The defendant renewed his application for leave to appeal against conviction for the theft of a shotgun and an attempted armed robbery.
[ Bailii ]
 
Wilson, Regina v [1996] EWCA Crim 1800; [1997] 1 WLR 1247
25 Jul 1996
CACD

Crime
Appeal from conviction for running an insurance business without authority.
Insurance Companies Act 1982 2 14
[ Bailii ]

 
 Regina v Burstow; Admn 29-Jul-1996 - Gazette, 25 September 1996; Times, 30 July 1996; [1996] EWHC Admin 49; [1997] 1 Cr App R 144
 
Moses v The State [1996] UKPC 29; [1997] AC 53
29 Jul 1996
PC
Lord Mustill, Lord Slynn of Hadley, Lord Steyn, Lord Hoffmann, Sir Ralph Gibson
Commonwealth, Crime
(Trinidad and Tobago) The appellant had been convicted under the felony murder rule, where if a victim dies in the course of the defendant committing a felony, the defendant is guilty of murder. Held: The distinction between felony and murder had been abolished in 1979, but no provision was made for the felon/murder rule. The abolition had not simply followed the English model, and express provision had been made applying the law of misdemeanours instead of the law of felony. The felony/murder rule must have fallen with the new law. The was insufficient evidence to sustain the conviction without that rule.
1 Cites

1 Citers

[ Bailii ]

 
 Regina v Blake; CACD 31-Jul-1996 - Times, 14 August 1996; [1996] EWCA Crim 729; [1997] 1 Cr App R 209; [1997] 1 WLR 1167

 
 Regina v Roberts and George; CACD 31-Jul-1996 - [1996] EWCA Crim 725

 
 Regina v Doheny, Adams; CACD 31-Jul-1996 - Times, 14 August 1996; [1996] EWCA Crim 648; [1996] EWCA Crim 728; [1997] 1 Cr App R 369
 
Regina v Doheny [1996] EWCA Crim 728
31 Jul 1996
CACD

Crime

[ Bailii ]

 
 Regina v Woollin; CACD 12-Aug-1996 - Times, 12 August 1996; [1997] 1 Crim App R 97
 
Regina v Wilson (Rupert) Gazette, 25 September 1996; Times, 14 August 1996
14 Aug 1996
CACD

Insurance, Crime
The offence of carrying on an unauthorised insurance business offence was committed by the making of the offer of insurance. An invitation to treat, short of a contract, was sufficient.
Insurance Companies Act 1982 2(1)

 
Winder and Others v Director of Public Prosecutions Times, 14 August 1996
14 Aug 1996
QBD

Crime
Chasing hunt to get close enough to disrupt it is enough to commit offence.
Criminal Justice and Public Order Act 1994 68

 
Regina v Jones (Ivor Frank) Times, 14 August 1996; Gazette, 09 October 1996
14 Aug 1996
CACD

Crime
The offence of possession of a firearm with intent to enable other to threaten life requires proof of a specific intent.
Firearms Act 1968 16

 
Regina v South Western Magistrates Court and Another, Ex Parte Cofie Times, 15 August 1996
15 Aug 1996
QBD

Crime
Where a building includes several premises, a search warrant must specify which premises were to be searched.
Police and Criminal Evidence Act 1984 15, 16, 23

 
Ward, Regina v [1996] EWCA Crim 813
19 Sep 1996
CACD

Crime
Appeal against conviction for assault, saying that the jury's verdicts were inconsistent.
[ Bailii ]
 
Regina v Fellows, Arnold Times, 03 October 1996; [1996] EWCA Crim 825
27 Sep 1996
CACD

Crime
Computer based digital images are 'copies of a photograph' sufficient for the Act, and so possession of digital entities capable of being transformed into images were such photographs. Making a file available for download, was sufficient to amount to distribution or publication of them.
Protection of Children Act 1978 - Obscene Publications Act 1959
1 Cites

1 Citers

[ Bailii ]
 
Regina v William John Parke Director of Public Prosecutions [1996] EWHC Admin 95
8 Oct 1996
Admn

Crime

[ Bailii ]
 
Miah, Regina v [1996] EWCA Crim 1005
10 Oct 1996
CACD

Crime

[ Bailii ]
 
Stanley Thomas Mcdermott v Director of Public Prosecutions [1996] EWHC Admin 102
10 Oct 1996
Admn

Crime

[ Bailii ]
 
Palfreyman, R v [1996] EWCA Crim 1027
11 Oct 1996
CACD

Crime

[ Bailii ]
 
Regina v Sargeant Times, 15 October 1996
15 Oct 1996
CACD

Crime
An indecent assault can take place without any actual physical touching or contact.

 
Regina v South Staffordshire District Council v Goodyear [1996] EWHC Admin 119
16 Oct 1996
Admn

Planning, Crime

[ Bailii ]
 
Berry v Director of Public Prosecutions and others (Jamaica) [1996] UKPC 37
17 Oct 1996
PC

Commonwealth, Crime

[ Bailii ]

 
 Regina v Condron, Condron; CACD 17-Oct-1996 - Times, 04 November 1996; [1996] EWCA Crim 1129; [1997] 1 WLR 827; [1997] 1 Cr App R 185
 
William James Slade v Director of Public Prosecutions [1996] EWHC Admin 140
22 Oct 1996
Admn

Crime

Police Act 1964 51(3)
[ Bailii ]
 
Regina v Adegunle [1996] EWCA Crim 1204
25 Oct 1996
CACD

Crime, Contempt of Court
The applicant was a prison officer, ordered to appear at court. On his non-appearance he was found guilty of contempt and ordered to serve 14 days imprisonment. The order had been made on the Friday, to appear on the Monday, but evidence of attempts to contact him by phone was now contradicted. Held: The conviction was quashed, and a new trial ordered.
Administration of Justice Act 1960 13
[ Bailii ]
 
Regina v Newton [1996] EWCA Crim 1203
25 Oct 1996
CACD

Crime
The defendant had pleaded guilty to a supply of cannabis. He asserted one factual basis, but before the Newton hearing, the judge heard an ex parte application in relation to another matter. The evidence provided to the judge in camera suggested further involvement, and, according to the defendant, poisoned his mind as to the Newton hearing. He appealed the sentence of 9 years imprisonment. Held: No allegation of bias was properly made out against the judge. The appeal was a hopeless attempt at extension of the rules against bias. Appeal dismissed.
[ Bailii ]

 
 Regina v Graham, Kansal, etc; CACD 25-Oct-1996 - Gazette, 27 November 1996; Times, 28 October 1996; [1996] EWCA Crim 1211; [1996] EWCA Crim 1645; (1997) 1 Cr App R 302

 
 Regina v Campbell; CACD 25-Oct-1996 - [1996] EWCA Crim 1206; [1997] 1 Cr App R 199
 
Associated Octel Company Ltd, R v [1996] EWCA Crim 1237
29 Oct 1996
CACD

Crime

[ Bailii ]
 
In the Matter of Paul Griffin Times, 06 November 1996; [1996] EWCA Crim 1262
31 Oct 1996
CACD

Contempt of Court, Crime
Counsel had had photographs brought to court to show the court injuries sustained by a witness. During a recess the defendant removed them and copied them before selling them to a news agency. Held: The 'Borrowing' of photo from counsel's file in court was capable of being contempt.

 
Ryan, Regina v [1996] EWCA Crim 1256
31 Oct 1996
CACD

Crime
Appeal against conviction for possession of cannabis. Held: The judge in summing up had pesented the prosecution case in a way different from that actually put. The appeal was allowed.
[ Bailii ]

 
 Regina v Ryan; CACD 31-Oct-1996 - [1996] EWCA Crim 1256
 
Richard Patrick Mahoney v Director of Public Prosecution [1996] EWHC Admin 189
4 Nov 1996
Admn

Crime

[ Bailii ]
 
Paul Leslie Harrison v Department of Social Security [1996] EWHC Admin 195
5 Nov 1996
Admn

Crime, benefits

Social Security Administration Act 1992 112
[ Bailii ]
 
Timothy Whitworth Gorman v Director of Public Prosecutions Director of Public Prosecutions v Paul Alfred Arnup [1996] EWHC Admin 210
7 Nov 1996
Admn

Crime

[ Bailii ]
 
Mostafa, R v [1996] EWCA Crim 1335
7 Nov 1996
CACD

Crime

[ Bailii ]
 
Marlow and Others, R v [1996] EWCA Crim 1334
7 Nov 1996
CACD

Crime

[ Bailii ]
 
Angel Frances Alcott v Director of Public Prosecutions [1996] EWHC Admin 225
14 Nov 1996
Admn

Crime

[ Bailii ]
 
Stephen Chen ex parte v Director of Public Prosecutions [1996] EWHC Admin 231
14 Nov 1996
Admn

Crime

Prevention of Crimes Act 1953 1(1)
[ Bailii ]
 
D v Director of Public Prosecutions [1996] EWHC Admin 242
18 Nov 1996
Admn

Crime

[ Bailii ]
 
Cowan, Regina v [1996] EWCA Crim 1806
19 Nov 1996
CACD
Pill LJ, Douglas Brown J, Sir Lawrence Verney Rec
Crime

[ Bailii ]
 
Regina v Knightsbridge Crown Court ex parte Osborne and Regina v Knightsbridge Crown Court ex parte Campbell [1996] EWHC Admin 249
20 Nov 1996
Admn

Crime

[ Bailii ]

 
 Lucy and Others v Director of Public Prosecutions; Admn 22-Nov-1996 - [1996] EWHC Admin 259

 
 Wingrove v The United Kingdom; ECHR 25-Nov-1996 - Times, 05 December 1996; Case 19/1995; [1997] 24 EHRR 1; 17419/90; [1996] ECHR 60; [1996] ECHR 60
 
Regina v Baker and Another Times, 26 November 1996
26 Nov 1996
CACD

Crime
Damage done to protect one's own child is not for the protection of property, and is no defence.
Criminal Damage Act 1971


 
 Regina v Dhillon; CACD 27-Nov-1996 - [1996] EWCA Crim 1553; [1997] 2 Cr App R 104

 
 Hibberd v Director of Public Prosecutions; Admn 27-Nov-1996 - [1996] EWHC Admin 280
 
Grant Lake v Director of Public Prosecutions [1996] EWHC Admin 306
2 Dec 1996
Admn

Crime

[ Bailii ]
 
Regina v Middlesex Crown Court Ex Parte Khan Times, 24 January 1997; [1996] EWHC Admin 313
3 Dec 1996
QBD

Crime
The binding over of a defendant after his acquittal is appropriate only if the judge satisfied beyond reasonable doubt that there is some danger requiring that step to be taken.
[ Bailii ]
 
Swanston v Director of Public Prosecutions Times, 23 January 1997; (1996) 161 JP 203; [1996] EWHC Admin 314
3 Dec 1996
Admn

Crime
There was no necessary requirement for evidence from a victim perceiving the use insulting words or behaviour so as to actually feel threatened.
Public Order Act 1986 4(1)
1 Citers

[ Bailii ]
 
Ralph Maudling v Director of Public Prosecutions [1996] EWHC Admin 320
4 Dec 1996
Admn

Crime

[ Bailii ]
 
Regina v Gani Ola Aruna [1996] EWCA Crim 1632
5 Dec 1996
CACD

Crime

[ Bailii ]
 
Regina v Richard Keogh [1996] EWCA Crim 1638
5 Dec 1996
CACD

Crime

[ Bailii ]
 
Regina v Kevin Albert Turner [1996] EWCA Crim 1634
5 Dec 1996
CACD

Crime

[ Bailii ]
 
Regina v Lembit Raul Maar [1996] EWCA Crim 1635
5 Dec 1996
CACD

Crime

[ Bailii ]
 
Banks, R v [1996] EWCA Crim 1655
9 Dec 1996
CACD

Crime

[ Bailii ]
 
Regina v Banks [1996] EWCA Crim 1799; [1996] EWCA Crim 1799; [1997] 2 Cr App R (S) 110; [1997] Crim LR 235
9 Dec 1996
CACD
Lord Bingham of Cornhill LCJ, Sachs, Toulson JJ
Crime
Valuation of drugs in confiscation order.
Applying the 1994 Act, sections 2(3) and 4(1) were directed to gross payments and not net profits.
Drug Trafficking Act 1994 5 - Drug Trafficking Act 1994 2(3) 4(1)
1 Citers

[ Bailii ] - [ Bailii ]
 
Colfox v Dorset County Council [1996] EWHC Admin 337
10 Dec 1996
Admn

Animals, Crime

Dogs Act 1906
[ Bailii ]
 
Criminal proceedings against X C-74/95; [1996] ECR I-6609; [1996] EUECJ C-74/95
12 Dec 1996
ECJ

European, Crime
(Judgment) Criminal proceedings may not be brought in respect of conduct not clearly defined as culpable.
1 Citers

[ Bailii ]
 
Bradshaw, R v [1996] EWCA Crim 1705
12 Dec 1996
CACD

Crime

[ Bailii ]
 
Constanza, Regina v [1996] EWCA Crim 1742
17 Dec 1996
CACD

Crime

[ Bailii ]
 
Shropshire County Council (David Walker) v Simon Dudley Limited Times, 03 January 1997; [1996] EWHC Admin 376
17 Dec 1996
Admn
Hooper J
Crime, Consumer, Contract
A customer's description of the goods he required was a trade description for the future supply of those goods by the seller claiming to fulfil that specification. The trading standards officer appealed dismissal of his prosecution of the defendant on four informations alleging an unlawful supply of goods. The defendant had tendered successfully to a specification to supply a fire engine. Modifications of the specification were agreed, but the engine supplied matched neither specification. Held: The supplier could be taken to have accepted a duty to supply the goods as described, and the representation as to his ability to make the supply continued at the time of supply.
Trade Descriptions Act 1968 1(1)(b) 4(3)
1 Cites

[ Bailii ]
 
Regina v Knightsbridge Crown Court, Commissioner of Police for Metropolitan Police, Wells Street Magistrates' Court ex parte Leslie Victor Crabbe [1996] EWHC Admin 380
18 Dec 1996
Admn
Lord Justice McCowan and Mr Justice Collins
Crime, Animals, Magistrates
The appeal challenged a finding that a dog was a pit bull terrier, unregistered, and to be destroyed. A decision had been made not to prosecute the owner. He now challenged the finding that it was of a type to which the Act applied. The appellant had had opportunity to obtain access for an expert, but would not pay the fees. The dog was found to be a pit bull. The appellant appealed, and the dog was examined before it was admitted that no appeal to the Crown Court lay against an order under s5(4). Held: The fees charged were too high and the Commissioner had failed to take proper account of the appellant's means. The meaning of subsection 5(4) and 5(5) are not clear. The absence of aright of appeal made it even more important that the dog and owner be given a fair trial.
Dangerous Dogs Act 1991 5(4) 5(5)
[ Bailii ]

 
 Aksoy v Turkey; ECHR 18-Dec-1996 - 21987/93; [1997] 23 EHHR 533; [1996] ECHR 68
 
Regina v Gateway Foodmarkets Limited [1997] 3 All ER 78; [1997] 2 Cr App R 40; [1997] Crim LR 512; [1997] ICR 382; [1997] IRLR 189; [1996] EWCA Crim 1768
19 Dec 1996
CACD

Crime, Health and Safety

Health and Safety at Work Act 1974 2(1)

 
Regina v Argent Times, 19 December 1996
19 Dec 1996
CA

Crime
Six conditions before jury may take inferences from silence under caution.
Criminal Justice and Public Order Act 1994 34

 
Regina v David Cooke [1996] EWCA Crim 1782
20 Dec 1996
CACD

Crime
The court decided to substitute convictions for the verdicts of guilty on counts of obtaining property by deception guilty of procuring the execution of a valuable security by deception contrary to section 20(2) of the Theft Act 1968, and one count of obtaining services by deception contrary to section 1(1) of the Theft Act 1978. Reasons would be given in a later judgment.
Theft Act 1968 20(2) - Theft Act 1978 1(1)
1 Cites

1 Citers

[ Bailii ]
 
Okanta, Regina v [1996] EWCA Crim 1785
20 Dec 1996
CACD

Crime

[ Bailii ]
 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.