An application had been made for an anti-social behaviour order against the defendant. The council sought at the hearing to bring evidence as to his continued behaviour after the application had been filed. The council now appealed against the non-admission of the evidence. Held: The District Judge had been wrong not to admit the evidence. … Continue reading Birmingham City Council v Dixon: QBD 18 Mar 2009
The House was asked whether the use of the phrases ‘bloody foreigners’ and ‘get back to your own country’ counted to make a disturbance created by the defendant a racially aggravated crime. Held: (Baroness Hale of Richmond) ‘The mischiefs attacked by the aggravated versions of these offences are racism and xenophobia. Their essence is the … Continue reading Rogers, Regina v: HL 28 Feb 2007
The defendant appealed his conviction for racially aggravated abusive or insulting words or behaviour with intent to cause fear or to provoke violence. He was driving his motorised scooter and came across three Spanish women. In the course of an altercation he called them ‘bloody foreigners’ and told them to get back to their own … Continue reading Rogers, Regina v: CACD 10 Nov 2005
The claimant appealed refusal of an Anti-Social Behaviour order by the magistrates. The respondent was a street prostitute in Preston. The magistrates had declined to aggregate her behaviour with that of others to find that it caused harrassment alarm or distress to a criminal standard of proof. Held: The court is being asked to decide … Continue reading The Chief Constable of Lancashire v Potter: Admn 13 Oct 2003
The appellant sought judicial review of the magistrates’ decision to convict him of the two offences of causing racially aggravated fear or provocation of violence, contrary to section 31(1)(a) of the 1998 Act, and of causing fear or provocation of violence, contrary to section 4 of the 1986 Act. He said that to convict him … Continue reading Dyer, Regina (on The Application of) v Watford Magistrates Court: Admn 16 Jan 2012
The defendant appealed against his conviction. Before he gave evidence, his legal team withdrew for professional embarrassment. He now complained that notwithstanding that he was unrepresented, prosecuting counsel had been permitted to make a closing address. Held: The appeal failed. Rose LJ said: ‘So far as the prosecution’s second speech is concerned, in the light … Continue reading Stovell, Regina v: CACD 12 Jan 2006
