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. Judges: Macur LJ Citations: [2021] EWCA Crim 689 Links: Bailii Statutes: Criminal Appeal Act 1968 23 Jurisdiction: England and Wales Crime Updated: 21 January 2023; Ref: scu.662500
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only late, but there was no conflict over police evidence. In Green the victim was … Continue reading Regina v Abdroikof, Regina v Green; Regina v Williamson: HL 17 Oct 2007
The defendants appealed their sentences after findings of guilt for blackmail, arising from their activities as wheel clampers. The judge said that blackmail is an ugly, serious offence. Both of the appellants knew full well what they were doing. He described how they dealt with motorists in an arrogant, bullying and abhorrent manner. Held: The … Continue reading Havell, Regina v: CACD 10 Mar 2006
The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial. Held: The appeal failed. … Continue reading Regina v Cotter and Others: CACD 10 May 2002
The case was a reference from the Criminal Cases Review Commission. The defendants had been convicted in 1990 of murder. The House of Lords had dismissed an earlier appeal. Police officers had allowed statements to be put forward which were false in critical aspects, and had threatened witnesses to avoid their attendance at court. Held: … Continue reading Poole and Mills v Regina: CACD 17 Jun 2003
There was an agreement between a group of colliery owners and a group of shipowners which was ancillary to an agreement between the colliery owners themselves. Each agreement was in restraint of trade. Held: Lord Parker explained the doctrine of restraint of trade: ‘Monopolies and contracts in restraint of trade have this in common, that … Continue reading Attorney General of the Commonwealth of Australia v Adelaide Steamship Company: PC 1913
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances in the appearance of the sides of playing cards, and the manipulation of … Continue reading Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017
The trial judge had omitted to give a rape jury any direction on the standard of proof. Held: The court regarded that as a serious defect, not cured by references in the speeches of counsel, but applied the proviso to the section so as to allow the conviction to stand. Citations: (1983) 77 Cr App … Continue reading Regina v Edwards: 1983
The court considered whether certain conduct, part of which took place in Ghana, would, mutatis mutandis , have constituted an offence over which the English court had jurisdiction. Held: ‘Where a deception is made in this country, but the property is obtained outside the jurisdiction, there is no offence under the English law either under … Continue reading Governor of Pentonville Prison ex parte Khubchandani: QBD 1980
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The defendant appealed his conviction of possession of indecent photographs or pseudo-photographs of children. The images had been deleted, and were irrecoverable, but they had originally been viewed through a program which created a smaller additional image for each original. Though the thumbnail images were no longer accessible without the original, they remained on the … Continue reading Porter, Regina v: CACD 16 Mar 2006
Liability Orders were made against the appellant in respect of non-domestic rates in respect of two properties. The orders were made in the absence of the appellant or any representative. Application for judicial review was made to re-open the hearing. Held: Though magistrates may have jurisdiction to re-open a criminal case, there was no corresponding … Continue reading Mathialagan, Regina (on the Application of) v London Borough of Southwark and Another: CA 13 Dec 2004
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 criterion is what the appeal court felt about the safety … Continue reading Regina v Paul Alexander Cleeland: CACD 13 Feb 2002
The plaintiffs claimed large-scale copyright infringement, and obtained Anton Pillar orders. The House considered the existence of the privilege against self-incrimination where the Anton Piller type of order has been made. The Court of Appeal had decided that the court should abstain from making an order ex parte requiring immediate answers to interrogatories or disclosure … Continue reading Rank Film Distributors v Video Information Centre: HL 1 Mar 1981
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
The appellants had pleaded guilty to an offence of burglary. The building was a dwelling, but the though the indictment did not refer to that element, they had been sentenced on the basis that it was a dwelling. After plea, the judge had vacated the plea and redrawn the indictment. Held: The appeals failed. There … Continue reading Love and Another, Regina v: CACD 13 Feb 2013
The claimant had sued the defendant for non-payment under a cheque for andpound;2 million. The cheque had been issued to replace earlier cheques given but not met, for sums staked for gambling at the claimant’s casino. The defendant said that the contract breached the prohibition of credit for gambling. Held: The defendant appealed against summary … Continue reading Aspinall’s Club Ltd v Al-Zayat: CA 19 Oct 2007
Application for leave to appeal against conviction in which the main issue concerns the powers of the Crown Court upon a retrial. Judges: Jackson LJ, Irwin J, Rook QC HHJ Citations: [2012] EWCA Crim 720, [2012] 1 WLR 3133, [2012] 2 Cr App R 13, [2012] WLR(D) 83 Links: Bailii, WLRD Statutes: Criminal Appeal Act … Continue reading PF, Regina v: CACD 15 Mar 2012
The court considered cases referred to it by the Criminal Cases Review Commission. Each related to convictions for sexual assaults on children in care. New material including several untrue allegations by the complainants suggested that the convictions might be unsafe. Held: The evidence of other similar allegations and history of unreliability made the convictions safe. … Continue reading Siddall and Brooke, Regina v: CACD 15 Jun 2006
(Trinidad and Tobago) The defendant sought leave to appeal against his conviction for murder, with the death penalty mandatory sentence. He was of severely low intelligence. Held: The appeal against conviction would not be allowed. Settled law showed that he was not unable to assist and contribute to his defence. However the question of whether … Continue reading Taitt v The State: PC 8 Nov 2012
The court had allowed an appeal against sentence; but later the same day the defendant was brought back because the court thought that he had not been frank in answering questions about another offence. Held: The court set aside its original judgment and directed a rehearing, at which it was held that there was indeed … Continue reading Regina v Cross (Patrick): CACD 1973
Citations: [2006] EWCA Crim 3239, [2007] 1 Cr App R 31 Links: Bailii Statutes: Criminal Appeal Act 1968 29 Jurisdiction: England and Wales Criminal Sentencing Updated: 27 October 2022; Ref: scu.248242
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 another to commit an express breach of the law which … Continue reading Regina v Mealey and Sheridan: CACD 1974
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 3(1) of the 1968 Act and in particular the words ‘and the jury could … Continue reading Regina v Deacon: CACD 1973
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 1968, where there had been a misdirection by a … Continue reading Regina v Cox: CACD 12 Apr 1995
Four defendants appealed against convictions for child sex abuse. The convictions had taken place at a time when current guidance to examining physicians did not apply. In each case the defendants consented to new evidence from the prosecution. Held: According to the circumstances, three appeals were allowed but one was not. Judges: Rafferty DBE LJ, … Continue reading S and Others v Regina: CACD 28 Jun 2012
There is no rule of law to say that an inadequate corroboration direction makes the use of the proviso wrong. Citations: Ind Summary 21-Feb-1994, Times 16-Mar-1994 Statutes: Criminal Appeals Act 1968 2(1) Jurisdiction: England and Wales Criminal Practice Updated: 26 October 2022; Ref: scu.87096
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 disputes as to the events these needed to be investigated at a … Continue reading Regina v Antoine: CACD 29 Apr 1999
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 discover which may assist the defendant. ‘Non-disclosure is a potent source of injustice and even with the … Continue reading Regina v Ward (Judith): CACD 15 Jul 1992
It was inadmissible that a person was an addict without direct knowledge of that fact in the witness or of a conviction. Citations: Times 27-Apr-1993 Statutes: Criminal Appeals Act 1968, Police and Criminal Evidence Act 1984 78(1) Jurisdiction: England and Wales Criminal Evidence Updated: 25 October 2022; Ref: scu.87652
A re-trial was quashed after the prosecution had failed to re-arraign the defendant within the applicable time limit. Citations: Gazette 15-Apr-1992 Statutes: Criminal Appeal Act 1968 8 Jurisdiction: England and Wales Criminal Practice Updated: 25 October 2022; Ref: scu.86882
A Judge’s confusion over the scope of possible military use was not remediable by the Court of Appeal. Citations: Times 27-May-1994, Independent 07-Jun-1994 Statutes: Criminal Appeal Act 1968 2 Jurisdiction: England and Wales Criminal Practice Updated: 25 October 2022; Ref: scu.86500
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.’ Citations: Times 20-Oct-1998 Statutes: Criminal Appeal Act 1968 2(1) Jurisdiction: England and Wales Criminal Practice Updated: … Continue reading Regina v Farrow (Anthony Robin): CACD 20 Oct 1998
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. Citations: Times 29-Dec-1998 Statutes: Criminal Appeal Act 1968 1(2) Jurisdiction: England and Wales Criminal Practice Updated: … Continue reading Regina v Bansal: CACD 29 Dec 1998
An appeal against an ‘in camera’ crown court order to the Court of Appeal is to be on paper submissions. The court set out the procedure on appeal against order for a trial to be held in camera. These rules were not ultra vires. Even though the appeal ‘shall’ be determined without a hearing, written … Continue reading Re Guardian Newspapers and Others: CACD 20 Sep 1993
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 conversations were not akin to statements made during the preparation of a pre-sentence report, and were privileged. The … Continue reading H and Others v Regina: CACD 21 Dec 2018
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 commission of the charged offence. The accused, on the advice of his counsel and in … Continue reading Regina v Vickers: CACD 1975
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 have supported the defence. The court quoted a previous judgment of Atkinson LJ: ‘It may well be that … Continue reading Regina v Melville: CACD 1976
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad. Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and Wales. The correct rule was that before an English court could try an offence it was necessary, … Continue reading Regina v Manning: CACD 24 Jun 1998
The court set out the sentencing considerations for firearms offences in the light of an increase of the use of guns. Held: The level of sentencing had not sufficiently reflected the gravity of such offences. After the 1994 Act, earlier sentencing cases were not reliable as a guide. The applicable principles are: ‘(1) What sort … Continue reading Regina v Avis, T and others: CACD 16 Dec 1997
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 following the case of Preddy. Held: The judge should have withdrawn the allegation of … Continue reading Regina v Adebayo: CACD 7 Jul 1997
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 convictions had been for obtaining by deception, but those convictions could not stand following … Continue reading Regina v Dawson, Dawson: CACD 14 Jul 1997
Time-limits for lodging of appeals must be strictly followed; rule is 28 days from the conviction even though sentence was deferred. Citations: Times 24-Oct-1997 Statutes: Criminal Appeal Act 1968 18(2) Jurisdiction: England and Wales Criminal Practice Updated: 11 October 2022; Ref: scu.87212
The court reviewed sentencing levels for domestic burglary. Such cases must always be very serious, but individual cases varied almost infinitely. After a trial an adult defendant could expect a sentence of three years’ imprisonment for burglary of an unoccupied dwelling.Six appeals against sentence following pleas of guilty to offences of domestic burglary. Citations: Times … Continue reading Brewster, Regina v: CACD 27 Jun 1997
Fresh counsel instructed by McGregor on appeal alleged incompetence on the part of trial counsel. Held: Where a fresh advocate is instructed to advance an application for leave to appeal based on the conduct of the trial, s/he should consider very carefully whether it is necessary to contact the trial lawyers and or advise their … Continue reading Regina v Doherty and McGregor: CACD 1997
The defendant appealed against her conviction and sentence. The court had refused to admit medical evidence that she might be unfit to continue her trial. Held: It would be rare to admit evidence which might support a Ghosh direction. The appeal failed. Judges: Lord Bingham LCJ, Hidden J, Holland J Citations: [1997] EWCA Crim 53 … Continue reading Regina v Awoyomi: CACD 14 Jan 1997
The appellant had been acquitted of rape, but convicted of indecent assault. Held: ‘It did not follow that because the jury must have disbelieved a witness or rejected his or her evidence with the result that it acquitted on one count, it was necessarily acting irrationally to rely on the evidence of the same witness … Continue reading Regina v Van Der Molen: CACD 20 Feb 1997
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 support a defence of diminished responsibility where the issue had not been raised at trial. … Continue reading Regina v Campbell: CACD 25 Oct 1996
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe. Held: After studying the authorities at length, the court felt that the various convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996
Counsel does have a right to make 2nd application for leave to appeal. Citations: Times 23-May-1995 Statutes: Criminal Appeal Act 1968 33 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.88147
The Court of Appeal’s power to substitute conviction for other offence is unfettered save by the Act. Citations: Times 08-Jan-1997 Statutes: Criminal Appeal Act 1968 3 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.87544
No ‘loss of time order’ is to be made against a prisoner, once he has been granted leave to appeal by single Judge. Citations: Ind Summary 06-Mar-1995, Times 25-Jan-1995 Statutes: Criminal Appeal Act 1968 29 Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87386
After Court of Appeal’s direction for re-trial expedition was necessary from the prosecution. Citations: Times 28-Feb-1995 Statutes: Criminal Appeals Act 1968 8(1) Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.87395
A confiscation order was quashed when the defendant died after lodging his appeal. The new evidence was untested. Citations: Times 16-May-1996, [1996] EWCA Crim 365 Links: Bailii Statutes: Drug Trafficking Offences Act 1968 17(1)(A) Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.87037
Court of Appeal doubts wisdom of present rules for minimum sentences for mandatory life sentence. Citations: Times 12-Apr-1995 Statutes: Criminal Appeal Act 1968 Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87137
Counsel is not to apply to cross examine a rape victim without having been given instructions requiring him to do so. Citations: Times 15-Apr-1996 Statutes: Criminal Appeal Act 1968 2 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.86899
The Court of Appeal has the power to apply the proviso preserving a conviction despite the failure of the judge at trial to mention the defence of provocation. Judges: Glidewell LJ Citations: Times 12-Apr-1995, [1995] 2 Cr App R 513 Statutes: Criminal Appeal Act 1968 2(1) Jurisdiction: England and Wales Cited by: Cited – Regina … Continue reading Regina v Cox (Andrew Mark): CACD 12 Apr 1995
The House of Lords may itself determine the grounds of an appeal, and deal with matters undetermined by Court of Appeal. A verdict of ‘causing GBH’ (not inflicting) was not an offence unknown to law. A verdict of ‘causing GBH contrary to s20’ was wide enough to include the offence of inflicting grievous bodily harm.In … Continue reading Regina v Mandair: HL 20 May 1994
The Court heard an interim application to decide whether an appeal to the Supreme Court existed under the 2002 Act. A restraint order had been made as to the appellants assets. Held: The statutory provisions substituting the Supreme Court for the House of Lords had omitted to deal with the 2005 Order appeal provisions. Leave … Continue reading Stanford International Bank Ltd v Director of The Serious Fraud Office: SC 15 Feb 2012
The defendant appealed against his conviction for assault saying that he was so intoxicated on drink and drugs at the time that he did not have mens rea. Held: The appeal failed. The court certified a question for the House of Lords namely: ‘Whether a defendant may properly be convicted of assault notwithstanding that, by … Continue reading Director of Public Prosecutions v Majewski: CACD 1975
Four appeals and one renewed application for leave to appeal against sentence have been listed together to enable the Court to consider the proposal of the Sentencing Advisory Panel, in their advice to this Court in March 2001, that sentencing guidelines should be framed in relation to offences of handling dishonestly obtained goods, contrary to … Continue reading Webbe and Others, Regina v: CACD 2 May 2001
Damages were claimed after claimant alleged involvement by the defendant in the murder of the deceased. The defendant had been tried and acquitted of murder and manslaughter, but the allegation was now pursued. The defendant had since failed to co-operate with the court. Held: The defendant’s acquittal was not conclusive. The standard in a civil … Continue reading Raja v Van Hoogstraten: ChD 19 Dec 2005
The defendants appealed against a refusal to allow them to amend their pleadings. They wished to include allegations as to matters which were unknown to the journalist at the time of publication. Held: It is necessary for the defendants to establish that they had a duty to publish the article if they are to be … Continue reading Loutchansky v Times Newspapers Limited (No 2): CA 12 Mar 2001
On a re-trial, it remains open to the judge to amend the indictment. Nothing in the Act takes away his powers to do so within the confines set out by the Act. Here a conspiracy charge had been replaced by separate charges of theft. The judge retained his powers under the Indictments Act, and this … Continue reading Regina v Hemmings; Regina v Miller; Regina v Hoines: CACD 15 Oct 1999
The claimant, a professional gambler, sued the defendant casino for his winnings. The club replied that the claimant’s methods amounted to a form of cheating, and that no liability arose to pay the winnings. Held: The claim failed. ‘The fact that the claimant is genuinely convinced that he is not a cheat and even that … Continue reading Ivey v Genting Casinos UK Ltd (T/A Crockfords Club): QBD 8 Oct 2014
Section 17 is not to be reduced in the requirements of the offence. Knowledge of the purpose of a document is not an element required to be proved. Citations: [1981] 1 WLR 34, (1981) 72 Cr App R 60 Statutes: Theft Act 1968 17 Jurisdiction: England and Wales Cited by: Cited – Regina v Graham, … Continue reading Attorney General’s Reference (No 1 of 1980): CACD 1981
The defendant appealed against his conviction. He had not been represented at trial, and several objections were taken to the conduct of the case, and in particular that prosecuting counsel had made a closing address, and that he had not been allowed to transfer his legal aid order to a different firm of solicitors. Held: … Continue reading Rabani, Regina v: CACD 21 Aug 2008
The defendant applied for leave to appeal out of time against his convictions. Held: Leave refused. The court was severely critical of the large volume of documents supplied. Citations: Times 28-Apr-2008 Statutes: Criminal Appeal Act 1968 29 Jurisdiction: England and Wales Crime Updated: 11 September 2022; Ref: scu.268791
These two appeals raised issues as to the evidence or other information which a sentencing court and this court should receive and take into account when the issue of dangerousness is being considered for the purposes of imprisonment for public protection under the 2003 Act. Held: The exception allowing such evidence is strictly limited. It … Continue reading Beesley and Another, Regina v: CACD 18 Apr 2011
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 fresh evidence that he was unfit to plead at the … Continue reading Walls, Regina v: CACD 3 Mar 2011
The accused dishonestly falsified a number of insurance cover notes which were said to be documents required for an accounting purpose, namely, those of the persons who had sought cover and to whom the cover notes were forwarded. The accused ran his own maritime insurance business, obtaining instructions from a number of clients to place … Continue reading Regina v Manning: CACD 23 Jul 1998
The defendant appealed against his conviction for murder saying that at the time of the offence he suffered a paranoid psychotic illness which would have substantially impaired his mental responsibility for his acts. He was not regarded as insane as defined by the M’Naghton rules. He had been advised that he might have a defence … Continue reading Regina v Weekes: CACD 18 Feb 1999
Application by the prosecution under section 8 of the 1968 Act for leave to re-arraign D out of time. Citations: [2011] EWCA Crim 134 Links: Bailii Statutes: Criminal Appeal Act 1968 8 Jurisdiction: England and Wales Crime Updated: 01 September 2022; Ref: scu.428637
The defendant, then 22 had a history of disturbed childhood, sexual abuse and outpatient mental health treatment together with one instance when he was sectioned following a suicide attempt. On the undisputed psychiatric evidence he suffered from a schizotypal disorder as well as an emotionally unstable personality disorder. He was obsessed with witchcraft and Satanist … Continue reading Brennan v Regina: CACD 21 Nov 2014
The AG argued that the sentences imposed for conspiracy to possess and distribute prohibited firearms and ammunition, and conspiracy to convert into firearms. They had been produced to sell to drugs dealers to pay of drugs debts. The Crown argued that an effective minimum sentence of five years applied. Held: It was not unusual to … Continue reading Attorney General’s Reference No 48 and 49 of 2010: CACD 20 Oct 2010
The appellants challenged their convictions for murder. The convictions had been based substantially upon the evidence of a co-accused who had admitted his part. They now challenged the admission by way of support of the evidence of the co-defendant of medical opinion as to his reliability, where the doctor had not physically examined the witness. … Continue reading Pinfold, Mackenney v Regina: CACD 15 Dec 2003
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history showed an anomalous bringing together of different, and conflicting strands … Continue reading Regina v K: HL 25 Jul 2001
The defendants were senior executives of BA. They made interlocutory appeals while undergoing trials for alleged price fixing under section 188 of the 2002 Act. The judge had ruled that the prosecutor need prove dishonesty only as against the defendants, and need not do so as against other parties to the transactions (similar officers of … Continue reading Regina v George and Others: CACD 28 May 2010
The defendant appealed against her conviction for murder, based upon her own informal confessions to third parties. Held: The appeal was dismissed. There were proper reasons choices made at trial about what evidence should be put forward, and what challenged, and: ‘the new expert evidence, whilst it adds detail and some fresh assessment to the … Continue reading Kenyon v Regina: CACD 11 May 2010
The defendant appealed against a confiscation order after his conviction for obtaining a mortgage advance by fraud. Though he had obtained 450k, the house he had purchased had increased considerably in value. The original loan had been repaid in full on a remortgage. The judge had made an order for confiscation at the now substantally … Continue reading Waya, Regina v: CACD 25 Mar 2010
The claimant (then known as LNS) had obtained an injunction to restrain publication of private materials. Held: There was insufficient material to found an action in confidence or privacy. An applicant was unlikely to succeed either at an interim application or at trial, whether under the law of defamation or the law of privacy, where, … Continue reading Terry (previously LNS) v Persons Unknown: QBD 29 Jan 2010
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002
The defendants were to be tried for allegedly sending funds abroad to support terrorism. The court now considered the meaning of the phrase ‘reasonable cause to suspect’ in the context of the anticipated use of the funds: ‘Does it mean that the accused must actually suspect, and for reasonable cause, that the money may be … Continue reading Lane and Another, Regina v: SC 11 Jul 2018
The defendants had been separately convicted of murder several years ago. They sought the quashing of the convictions and substitution of convictions for manslaughter on the grounds of diminished responsibility. Held: The appeal of Erskine succeeded, but that of Williams failed. In the first case there had been evidence to support the defence now promoted. … Continue reading Erskine, Regina v; Regina v Williams: CACD 14 Jul 2009
The defendant appealed against her conviction for aggravated vehicle taking. She was found near the scene of a road traffic accident involving a stolen car, and her fingerprint on an inside rear window. She submitted that the officers had asked as to her involvement at a time when she was already a suspect, and that … Continue reading Hughes v Director of Public Prosecutions: Admn 12 Oct 2009
The claimant had been imprisoned then released after his conviction for sexual assaults. He appealed against rejection of his claim for compensation. The criterion for compensation was demonstrating that something had ‘gone seriously wrong in the conduct of the trial.’ Held: The claim failed. ‘a true analysis of the law is in any event less … Continue reading Siddall, Regina (on the Application of) v Secretary of State for Justice: Admn 16 Mar 2009
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures. Held: Documents showed a readiness in the defendant to seek to manipulate the claimant through threats … Continue reading McKennitt and others v Ash and Another: QBD 21 Dec 2005
Death of appellant need not stop appeal if the death is only problem in appeal. Citations: Times 08-Jan-1997 Statutes: Criminal Appeal Act 1968 44A Jurisdiction: England and Wales Criminal Practice Updated: 23 July 2022; Ref: scu.88228
Harassment to Criminal Level needed to Convict The claimant had been a customer of the defendant, but had moved to another supplier. She was then subjected to a constant stream of threatening letters which she could not stop despite re-assurances and complaints. The defendant now appealed against a refusal to strike out the claim of … Continue reading Ferguson v British Gas Trading Ltd: CA 10 Feb 2009
The House considered what was the appropriate test for allowing a conviction to stand despite the finding of an irregularity in the trial. Held: The House must be satisfied that there was ‘a situation a reasonable jury, after being properly directed, would, on the evidence properly admissible, without doubt convict.’ Assuming the wrong direction on … Continue reading Stirland v Director of Public Prosecutions: HL 1944
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The two defendants appealed against sentences for being involved in importation of drugs. They said that they had assisted the police. Held: The Court of Appeal Criminal Division is, in relation to sentencing, a court of review. Its function is to review sentences passed below, and not to conduct a sentencing hearing. Judges: Lord Bingham … Continue reading A and B, Regina v: CACD 23 Apr 1998
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 chairman of the Rent Assessment Committee had been assisting his … Continue reading Metropolitan Properties Company (FGC) Limited v Lannon: 11 Jul 1968
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, it would be open to the Court to receive closed material disclosed only to the court and a … Continue reading Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018
Before committing the defendant for sentence, the magistrates court had itself decided on disputed facts behind the plea. After being committed to the Crown Court, the defendant asked that court to conduct a further hearing to determine the facts. He now appealed a decision that that court did not have the jurisdiction to do so. … Continue reading Gillan v The Director of Public Prosecutions: Admn 15 Feb 2007
The Austrian District and Regional Real Property Transactions Commission refused to approve the sale of a number of plots of land. The applicant challenged the refusal alleging bias and contending that his article 6 rights were violated for that reason. The Austrian statute provided that the refusal of approval rendered the sale null and void. … Continue reading Ringeisen v Austria: ECHR 16 Jul 1971
