A transport examiner investigating compliance with the drivers hours regulations was allowed to remove records from an office for examination, and a company refusing him to be allowed to do that committed an offence. Where removal was necessary, whether because of the number of documents or the absence of adequate copying facilities, an examiner must … Continue reading Cantabrica Coach Holdings Limited v Vehicle Inspectorate (on Appeal From a Divisional Court of the Queen’s Bench Division): HL 22 Nov 2001
Once a case had been referred to the Court of Appeal by the Criminal Cases Review Commission, the court had to make a declaration, even if the case was very old. The effect of the 1998 Act on statute law was not retrospective, but where it affected common law the effect could be retrospective, since … Continue reading Regina v Kansal, on a Reference From the Criminal Cases Review Commission (2): CACD 24 May 2001
The defendant sought judicial review of the decision not to refer her case back to the court of appeal. She had been convicted of the murder of her hsuband’s new partner. She said it had been her husband. Held: The court set out the approach to be taken when a defendant raises the defence of … Continue reading Regina v Criminal Cases Review Commission ex parte Pearson: Admn 18 May 1999
Lord Parker CJ defined ‘attempt’ in criminal law: ‘What amounts to an attempt has been described variously in the authorities, and for my part I prefer to adopt the definition given in Stephen’s Digest of the Criminal Law, 5th Ed. (1894) art. 50, where it says that: ‘An attempt to commit a crime is an … Continue reading Davey v Lee: 1968
Appellants were reminded of the courts powers to make a loss of time order in the case of inappropriate appeals against sentence. Citations:  1 WLR 270 Statutes: Criminal Appeal Act 1968 29 Jurisdiction: England and Wales Cited by: Cited – Regina v Kuimba CACD 12-Apr-2005 In dismissing the defendant’s appeal, the court expressed the … Continue reading Practice Direction (Crime: Sentence: Loss of Time): 1980
A contract regulating the flow of industrial effluents into a public sewer contained no power of termination notwithstanding that the agreement it replaced did. Held: There is no presumption in law that a joint venture is not terminable.Buckley J said: ‘Since ex hypothesi such an agreement contains no provision expressly dealing with determination by the … Continue reading In Re Spenborough Urban District Council’s agreement; Spenborough Corporation v Cooke Sons and Company Ltd: ChD 1968
The appellant died pending his appeal being heard and his widow wished to pursue a challenge to the order for payment of prosecution costs. Held: The powers of the court were derived from statute and did not permit such a course.Widgery LJ said: ‘We take it to be a general principle that whenever a party … Continue reading Regina v Jefferies: 1968
The appellant had been unrepresented throughout her trial. She appealed, complaining that the prosecutor had been allowed to make a closing speech. Held: The conviction was quashed. Lord Justice Edmund Davies drew attention to the impact which that speech might have had on the jury’s determination of the issues in relation to fact which arose, … Continue reading Regina v Mondon: CACD 1968
Judge Kilner Brown confirmed the existence of the crime of attempting to pervert the course of justice: ‘Certain actions such as cheating or behaving obscenely may not be offences in a private connotation, but once the public is involved, either by agreement with one of its number or more diversely, the law regards such conduct … Continue reading Regina v Grimes: CACD 1968
The accused claimed that his trial had been unfairly prejudiced by a television interview which took place before he had been charged with any offence, but when it was quite obvious that a charge was about to be brought against him. The publicity had been 11 months before the trial. Held: Leave to appeal was … Continue reading Regina v Savundranayagan and Walker: CACD 1968
The judge withdrew from the jury the central issue whether the appellant was habitually in the company of a prostitute. Citations: (1968) Cr App R 47 Statutes: Sexual Offences Act 1956 30(2) Jurisdiction: England and Wales Cited by: Cited – H, Regina v CACD 25-Apr-2006 The defendant youth appealed his conviction and sentence for rape … Continue reading Regina v Ptohopoulos: CACD 1968
The judge was bound to direct the jury that a defendant was fully entitled to sit back and see if the prosecution had proved its case, and that they must not make any assumption of guilt from the fact that he had not gone into the witness box. Diminished responsibility is not an issue to … Continue reading Regina v Bathurst: CACD 1968
The antecedent criminal history of an offender is a factor which may be taken into account in determining the sentence to be imposed, but it cannot be given such weight as to lead to the imposition of a penalty which is disproportionate to the gravity of the instant offence. The offender must be regarded as … Continue reading Director of Public Prosecutions v Ottewell: HL 1968
The appellant said the different verdicts against him were inconsistent. Held: ‘The principle in every case is whether the inconsistency is such that it would not be safe to allow the verdict to stand. The fact that two verdicts are logically inconsistent does not however make the verdict complained of unsafe unless the only explanation … Continue reading Regina v Hunt: CACD 1968
Answerability of Chief Constables The constitutional status of the Commissioner had never been defined, either by statute or by the courts. By common law police officers owe to the general public a duty to enforce the criminal law. The court considered the extent to which a court could interfere with decisions made by a Chief … Continue reading Regina v Commissioner of Police of the Metropolis, Ex parte Blackburn: CA 1968
The appellant was committed under 1881 Act to await his return to Ghana to face trial on corruption charges. He applied for a writ of habeas corpus contending inter alia that it would be unjust and oppressive to return him since he would be liable to be tried under the provisions of the Corrupt Practices … Continue reading Armah v Government of Ghana and Another: HL 1968
The defendant appealed against his conviction for attempting to handle stolen goods. They were to be delivered to him in a van, but the meat was intercepted and recovered by the police. The defendant argued that he should not be convicted of attempting the impossible, since the goods were no longer stolen, having returned to … Continue reading Haughton v Smith, On Appeal From Regina v Smith (Roger): HL 21 Nov 1973
The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception. Held: A chose in action created by an electronic bank transfer was not property which was capable of being ‘obtained’ by deception under the Theft Act. The transfer of funds was carried out by the debiting … Continue reading Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): HL 10 Jul 1996
By common law police officers owe to the general public a duty to enforce the criminal law. However, police are servants of no one but the law itself, and a chief officer of police has a wide discretion as to the manner in which the duty is discharged. It is for him to decide how … Continue reading Blackburn v Commissioner of the Police for the Metropolis: CA 1968
Exercise of Ministerial Discretion The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when compared with prices paid to producers in other regions. The Minister … Continue reading Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968
Crown Privilege for Documents held by the Polie The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these were withheld on the ground of Crown privilege. The House … Continue reading Conway v Rimmer: HL 28 Feb 1968
The Registrar of a County Court was convicted of offences of misconduct in public office. The indictment charged ‘misbehaviour in a public office, contrary to common law’ and alleged that court orders had been made ‘with the intention of gaining . .
Death of appellant need not stop appeal if the death is only problem in appeal. . .
Tenants of apartments asked the Rent Officer to fix the fair rents. On appeal, the rents were then set at a rate lower even than they had requested. The rents would serve as a guide for other local rents. The landlords now complained that the . .
The defendant was told by a police officer to park up his car. He did so, but stopped with his wheel, trapping the officer’s foot. The magistrates were unable to decide whether the parking on the officer’s foot was deliberate, but agreed that . .
There had been a collision between two ships. The plaintiff sought to have admitted in evidence a film of radar echoes recorded by a shore radio station. The defendants argued that evidence produced mechanically and without human intervention was . .
Diplock LJ said: ‘In its criminal jurisdiction, which it has inherited from the Court of Criminal Appeal, the Court of Appeal does not apply the doctrine of stare decisis with the same rigidity as in its civil jurisdiction. If upon due consideration . .
References: (1968) 52 Cr App R 700,  1 QB 439,  3 All ER 442,  EWHC 1 (QB) Links: Bailii Coram: The LCJ, James J, Bridge J (dissenting) Ratio: The defendant was told by a police officer to park up his car. He did so, but stopped with his wheel, trapping the officer’s … Continue reading Fagan v Metropolitan Commissioner; 31 Jul 1968
References:  RVR 490,  EWCA Civ 5,  3 All ER 304,  3 WLR 694, (1968) 19 P & CR 856,  1 QB 577 Links: Bailii Coram: Lord Denning MR, Danckwerts LJ, Edmund Davies LJ Tenants of apartments asked the Rent Officer to fix the fair rents. On appeal, the rents were … Continue reading Metropolitan Properties Company (FGC) Limited v Lannon; 11 Jul 1968
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The court was asked whether, after the appellant had been tried and convicted at the Crown Court in Coventry on 26 November 2008 of offences of sexual assault on a child under 13, the court should admit under s.23 of the Criminal Appeal Act 1968 . .
The defendants appealed their convictions for murder, saying that a co-defendant, have been captured after fleeing the country had later been treated more leniently, a plea of manslaughter having been accepted. Held: In order to substitute convictions for manslaughter, the court would first have to quash the convictions for murder, which was only possible if … Continue reading Petch and Coleman v Regina: CACD 13 Jul 2005
The defendants appealed against their convictions for murder. They alleged that the police record of an interview central to the cases had been falsified. Held: To allow an appeal the court must conclude that the conviction is unsafe. The evidence at trial was that the record was accurate and contemporaneous, but that now appeared to … Continue reading Regina v Maynard, Dudley etc: CACD 31 Jul 2002
The claimants sought by judicial review to challenge their separate sentences to life imprisonment for murder, saying that section 1 of the 1965 Act was incompatible wth their rights under articles 3 and 5 of the Convention. They argued that all life sentences fell into two parts, the penal element, meeting the requirements of retribution … Continue reading Regina v Lichniak; Regina v Pyrah: CACD 2 May 2001
The court looked at questions concerning the scope, availability and procedure surrounding the issue of a writ of venire de novo. ‘The issue we have to resolve is whether an application for a writ or order of venire do novo must be made in the course of application for leave to appeal against conviction (and … Continue reading Stromberg v Regina: CACD 22 Mar 2018
The defendant was convicted of infanticide and murder. The experts differed as to the cause of death. She appealed her conviction saying that the experts in effect cancelled each other out. Held: Her appeal failed. The jury was entitled to listen to both reports and to choose which it accepted. ‘It was therefore for the … Continue reading Kai-Whitewind, Regina v: CACD 3 May 2005
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977
‘This is an appeal by Malcolm Horsman against his conviction of murder on 1 June 2000 at the Central Criminal Court before His Honour Judge Hyam, the Recorder of London, and a jury. It is argued on his behalf that the judge mis-directed the jury on provocation, and that, in addition, there is evidence which … Continue reading Regina v Horsman: CACD 14 Dec 2001
The court heard four appeals considering s 11(3) of the 1968 Act ‘which requires this court, on an appeal against sentence, to exercise its powers such that ‘taking the case as a whole, the appellant is not more severely dealt with on appeal than he was dealt with by the court below’. Articulating the issue … Continue reading Thompson v Regina: CACD 27 Mar 2018
The Home Secretary is obliged to disclose new evidence to a defendant before rejecting his application for a reference to Court of Appeal. The Home Secretary’s powers to refer a case back to the Court of Appeal (Criminal Division) was an integral part of the just functioning of the overall process of criminal justice. A … Continue reading Regina v Secretary of State for Home Department Ex Parte Hickey and Others, Same Ex Parte Bamber; Same Ex Parte Malone (No 2): QBD 29 Nov 1994
The appellant appealed her conviction for grievous bodily harm, presenting the evidence of two new witnesses. The new evidence was direct eye witness evidence of self defence. Held: The new evidence fell within the requirements of the 1968 Act and was admissible on an appeal. The evidence went direct as to the central issues, and … Continue reading Nowell, Regina v: CACD 27 Nov 2002
The defendant appealed against his conviction in 1998 of murder based on a confession said to have been made to a fellow prisoner on remand. A witness supporting that confession said after the trial that he had lied under police pressure. The appeal had been allowed, and the court now considered whether there should be … Continue reading Regina v Stone: CACD 14 Feb 2001
The Court of Appeal had ordered the defendant to be re-tried within two months. An initial application for directions was adjourned without the defendant being re-arraigned, and then was adjourned again to a date outside the two month limit. Defence solicitors, knowing the difficulty declined to express a view either way. Held: The arraignment could … Continue reading Regina v Jones (Paull Garfield): CACD 8 Oct 2002
In appropriate cases, a defect in the trial which made that trial unfair, could be remedied on appeal by that court considering all the evidence available to it. It was recognised that this would trespass on the responsibilities of the jury, but if the court considered that, in the light of all the evidence including … Continue reading Regina v Craven: CACD 2 Feb 2001
The defendants had appealed against sentence, and had been sucessful, but in their absence. They each sought a further opportunity to appeal, but being present. Held: The 1968 Act gave to the defendant the right to be present at his appeal. The practice was that on a sentence being reduced on an appeal without the … Continue reading Regina v Spruce; Regina v Anwar: CACD 25 Apr 2005
In dismissing the defendant’s appeal, the court expressed the view that the Appeal court should be more ready to use the powers given to deter hopeless appeals by ordering that while such applications were being processed, time spent in custody should not be credited as part of the sentence. Loss of time orders had been … Continue reading Regina v Kuimba: CACD 12 Apr 2005
After retirement, the jury requested, and was inadvertently supplied with a copy of a statement made by a witness to the police. The statement had been used by defence counsel for the purposes of cross-examination, but the document itself had not been exhibited. Held: The court questioned the absolute nature of the observation that a … Continue reading Regina v Davis (George): CACD 1976
When asked whether the appellate courts in England and Wales should entertain additional evidence under the section, which required the court to be satisfied that there was a reasonable explanation for the failure to adduce it: ‘The court has in general to be satisfied that the evidence could not with reasonable diligence have been obtained … Continue reading Regina v Beresford: CACD 1971
The defendant was arrested at home on suspicion of one charge, but the police then asked questions about his clothing. He appealed saying the replies should not have been included. Held: The questions were intended to secure admissions, and should only have been asked at the police station, but no miscarriage of justice had occurred. … Continue reading Regina v Cox: CACD 1993
Once a person convicted of an offence on indictment appeals against that conviction and that appeal has been determined on its merits, the court has no jurisdiction to re-open it on fresh evidence coming to light. Lord Lane CJ considered the feasibility of re-opening an appeal: ‘So there is nothing there on the face of … Continue reading Regina v Pinfold: CACD 1988
The applicant renewed his application for leave to appeal, which had been refused by the single judge. He instructed solicitors who wrote to the court to advise that they intended to instruct Counsel on the renewed application. Due to an administrative error the renewed application was listed, heard and dismissed on 14 June 1976 without … Continue reading Regina v Daniel: CACD 1977
The court considered use of its powers to punish umeritorious appeals by defendants against sentence or conviction by ordering that time spent in prison before the appeal was heard should not count as time served. In these case, two defendants had counsel’s support in their renewed applications for leave to appeal, but not the other … Continue reading Regina v Hart; Regina v George; Regina v Clarke; Regina v Brown: CACD 13 Dec 2006
Challenge by a surety to an estreatment of his recognizance was not a matter relating to a trial on indictment for the purpose of section 29(3) because it did not affect the conduct of the trial. A sensible legislative purpose can be seen for excluding appeal or judicial review of any decision affecting the conduct … Continue reading In re Smalley: HL 1985
Medical evidence available at the time of the trial of the defendant for murder had been against diminished responsibility but there was said to be fresh evidence in favour of it now available for the appeal. Held: ‘In the view of this Court, cases must be rare indeed when the defence have chosen to run … Continue reading Regina v Dodd: CACD 10 Jun 1971
Where fresh evidence from a witness who was not available for the trial is sought to be adduced on an appeal, the evidence must also include evidence or explanation as to the background of the new evidence or change in evidence. Citations: Times 09-May-2000 Statutes: Criminal Appeal Act 1968 23 Criminal Evidence, Criminal Practice Updated: … Continue reading Regina v James (Walter): CACD 9 May 2000
In appropriate cases, a defect in the trial which made that trial unfair, could be remedied on appeal by that court considering all the evidence available to it. It was recognised that this would trespass on the responsibilities of the jury, but if the court considered that, in the light of all the evidence including … Continue reading Regina v Craven: CACD 12 Apr 2001
The defendant appealed his conviction for murder wishing to bring in evidence of his diminished responsibility at the time of the offence. Held: The evidence was admitted, but the conviction was upheld. The court took the opportunity to give guidance on the admission of new medical evidence procedures in court of appeal with new Act. … Continue reading Regina v Jones (Steven Martin): CACD 23 Jul 1996
The court considered its power on allowing an appeal after a plea of guilty to substitute a conviction for an appropriate lesser offence. Held: Hughes LJ said that section 3A of the 1968 Act imposed a two stage test. The court considering substitution had to ask: (1) could the jury have convicted on the trial … Continue reading Ramzan and Others, Regina v: CACD 21 Jul 2006
The court was asked as to as to the circumstances in which s.23 of the 1968 Act applies to fresh evidence or other information which an appellant may seek to adduce before this court on an appeal against sentence. Held: The rules applicable to the admission of fresh evidence under sectio 23 apply also to … Continue reading Rogers, Regina v: CACD 1 Jul 2016
The defendant, with learning difficulties had been subject to a cross examination described as akin to a closing speech. He appealed from conviction, saying that the court had given insufficient consideration to his disability, making the conviction unfair. Held: The appeal succeeded. The impression created by the defendant was crucial to his defence, and the … Continue reading Jones, Regina v: CACD 21 Dec 2018
The Court of Appeal has power to receive and call for additional evidence in interests of justice, and even though it had been ruled inadmissible at the trial if was relevant. Gazette 29-Nov-1995, Ind Summary 06-Nov-1995 Criminal Appeal Act 1991 23(1), Criminal Appeal Act 1968 23(1) England and Wales Criminal Evidence, Criminal Practice Updated: 08 … Continue reading Regina v Gilfoyle: CACD 6 Nov 1995
Reference by the Registrar under section 20 of the Criminal Appeal Act 1968 in respect of an application for leave to appeal which the Registrar has referred to us on the basis that we should consider the case to see if we should summarily dismiss it as an appeal which is frivolous or vexatious and … Continue reading McCook, Regina v: CACD 10 Apr 2014
The Court was asked as to the powers of the Court of Appeal Criminal Division to re-open an appeal to correct an error which is said to have caused real injustice in that the error led to the quashing of a sentence lawfully imposed in the Crown Court. The court had quashed a conviction based … Continue reading Yasain, Regina v: CACD 16 Jul 2015
The plaintiff had been convicted of several counts of receiving stolen goods and sentenced to six years’ imprisonment. He had appealed to the Court of Appeal on the ground that he had been convicted on the basis of evidence in statement form given by witnesses from New Zealand. His appeal failed. Some time later his … Continue reading Bateman and Howse, Regina (on the Application Of) v Secretary of State for the Home Department: CA 17 May 1994
These applications raise yet again the question of when it is appropriate to make a loss of time order. Held: ‘the only means the court has of discouraging unmeritorious applications which waste precious time and resources is by using the powers given to us by Parliament in the Criminal Appeal Act 1968 and the Prosecution … Continue reading Gray and Others, Regina v: CACD 7 Oct 2014
The defendant appealed a conviction for the attempted murder of his wife. It had been said that he had killed her, then set fire to the house. She gave evidence in his defence, but certain parts of her evidence were excluded. She had suffered retrograde amnesia, and had sought counselling help to recover her memory. … Continue reading Regina v Tully: CACD 25 Jan 2002
 Crim LR 649 Criminal Appeal Act 1968 20 England and Wales Cited by: Cited – Achogbuo, Regina v CACD 19-Mar-2014 The Court considered a renewed application for leave to appeal which the Registrar had considered to be without merit and was referred under section 20 of the 1968 Act. Held: The reference had been … Continue reading Regina v Taylor: 1997
The court exercised its rights under section 20 to penalise solicitors pursuing vexatious appeals. Lord Thomas of Cwmgiedd, Griffith Williams J, Goss QC  EWCA Crim 2424 Bailii Criminal Appeal Act 1968 20 England and Wales Cited by: Cited – Achogbuo, Regina v CACD 19-Mar-2014 The Court considered a renewed application for leave to appeal … Continue reading Regina v Davis and Thabangu: CACD 5 Dec 2013
The Court considered a renewed application for leave to appeal which the Registrar had considered to be without merit and was referred under section 20 of the 1968 Act. Held: The reference had been properly made. The application for extension of time waas frivolous and vexatious and contained serious non-disclosure. As to ath eallegation of … Continue reading Achogbuo, Regina v: CACD 19 Mar 2014
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal. Held: The Court of Appeal should reach its own view based on the unadorned words … Continue reading Regina v Pendleton: HL 13 Dec 2001
Application for leave was not itself an appeal. The court considered what was meant by ‘substantial injustice’ after conviction after refusal of leave to appeal. Held: The challenges failed. The court did not have jurisdiction to make the order sought. The section dealt with an appeal from any decision of the Court of appeal on … Continue reading Garwood and Others, Regina v: CACD 22 Feb 2017
The defendant had had his conviction for murder set aside after a finding of gross prosecutorial misconduct by the police. The Court was now asked as to the propriety of the order for a retrial. The police involved in the case had misled the CPS, the defence and the Court as to benefits provided to … Continue reading Maxwell, Regina v: SC 20 Jul 2011
The defendant had succeeded in his appeal against a rape conviction. After the case, and his release, the prosecution sought a retrial. The defendant now argued that the court was functus officio. Held: An order on an appeal becomes final when it is recorded by the proper officer of the court of trial. As the … Continue reading Blackwood, Regina v: CACD 5 Mar 2012
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order could properly be made, and said that in any event it should be discharged. Held: … Continue reading Attorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order: HL 17 Jun 2009
Complaint was made that the defendant newspapers were in contempt of court in publishing on their respective web-sites showing the defendant in the criminal trial brandishing a gun, and claiming that he was boasting of his involvement. Held: The defendants were guilty of the offence. The defendant argued that the site was so organised that … Continue reading Attorney General v Associated Newspapers Ltd and Another: Admn 3 Mar 2011
Good Reason to Pursue Second Appeal The appellants had been convicted of fraud against the Post Office. The Criminal Cases Review Commission referred their convictions on two grounds, namely abuse of process for the inability to provide a fair trial, and that the trial was an affront to the conscience of the court. The first … Continue reading Hamilton and Others v Post Office Ltd: CACD 15 Jan 2021
The defendant pharmacist faced a charge of supplying a medicinal product with a misleading label, an offence under section 85 of the 1968 Act. Working as a locum in a busy supermarket pharmacy she had signed off a mislabelled prescription. The patient ended up in hospital. After directions as to the law, she pleaded guilty. … Continue reading Regina v Lee: CACD 24 Jun 2010
The court considered whether the trial court had correctly identified the test for fitness to plead. Held: The appeal was allowed: ‘Once the issue of fitness to plead has been raised it must be determined. In this case, the judge explicitly found that the appellant had been fit to participate in his trial up to … Continue reading Orr, Regina v: CACD 7 Jul 2016
Whether the judge below was wrong to extend, by a further 10 years, a restraining order imposed following the Appellant’s conviction in 2010, in circumstances where no breach of the order had occurred during the intervening period. . .
Appeal against conviction brought with the leave of the full court and which depends upon the admission of fresh evidence pursuant to section 23 of the 1968 Act. . .
The convictions had been referred back to the Court of Appeal in relation to various grounds, but the s.34 direction was a further ground relied on by the appellants. The Court recognised that the direction was inadequate by reference to the . .
The applicant appealed a conviction from 1973 for murder. The essential question was as to whether the court on an appeal was to apply the standards as at the date of the trial, or at the date of the appeal.
Held: Following Pendleton, the sole . .
Application for leave to appeal against conviction in which the main issue concerns the powers of the Crown Court upon a retrial. . .
A claim of entrapment into an offence is not a defence in Engish law. The court adopted a definition contained in the report of the Royal Commission on Police Powers in 1928 in which an ‘agent provocateur’ was taken to mean ‘a person who entices . .
The court emphasised it did not have power to substitute a verdict on more general grounds i.e. when it was satisfied that the alternative verdict would have been inevitable had the case been properly presented to the jury. In considering section . .
The proviso may be applied by the Court of Appeal despite the Judge’s failure to leave the issue of provocation with the jury. As a matter of law, the court in an appropriate case might apply the proviso to section 2(1) of the Criminal Appeal Act . .
Where, on a charge of murder, a defendant asserted his unfitness to plead, it was not possible at the hearing into that suggestion and at the same time, to attempt to decide on a plea of diminished responsibility. If there were other factual . .
The defendant had been wrongly convicted of IRA bombings. She said that the prosecution had failed to disclose evidence.
Held: The prosecution’s forensic scientists are under a common law duty to disclose to the defence anything they may . .
A re-trial was quashed after the prosecution had failed to re-arraign the defendant within the applicable time limit. . .
The idea of ‘lurking doubt’, as an element of what is proof beyond reasonable doubt, is not helpful to the Court of Appeal, and applicants should stick more closely to the statutory formula of whether a conviction is ‘unsafe.’ . .
A Judge’s confusion over the scope of possible military use was not remediable by the Court of Appeal. . .
The ability of a trial judge to grant leave to appeal should only exceptionally be exercised by the trial judge himself. Normal jurisdiction for such leave should be exercised by one or more judges of the Court of Appeal. . .
The crown sought to adduce additional evidence on the defendant’s appeal of the content of discussions between the defendant and a social worker from the council youth offending service.
Held: The evidence should not be admitted. Such . .
Before arraignment, the judge had heard submissions of law on admitted facts. The judge ruled that if those admitted facts were proved or admitted in the forthcoming trial they would amount to an admission or conclusive evidence of the accused’s . .
The defendant appealed his conviction for murder saying that evidence later obtained suggested that he was suffering diminished responsibility at the time of the offence.
Held: The evidence was not admitted. It was not sufficiently strong to . .
The defendant had been employed in the probate registry, and sought by deception to conspire with others to use the information he obtained to obtain money from estates. He appealed, saying that the court should not have convicted him of obtaining . .
The defendants were convicted of a mortgage fraud. They appealed saying they had not been dishonest. They had signed forms, but they then had been completed by others, and that it had been those further replies which were dishonest. The original . .
Time-limits for lodging of appeals must be strictly followed; rule is 28 days from the conviction even though sentence was deferred. . .
The defendant appealed against his conviction for murder. At trial he had pleaded provocation, but not that he suffered abnormality of mind. Subsequent evidence of his state of mind led to this referral. The court now received fresh evidence to . .