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
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 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 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
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
In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO obtained search warrants and executed them. The company challenged the release of the documents recovered to other government departments. They had … Continue reading Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office: CA 11 Nov 2004
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
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 defendants were accused under both the 1981 Act or the 1968 Act of use a false instrument with intent to defraud. They had been acquitted after a ruling from the judge that it was necessary for the prosecution to prove lack of entitlement in the defendant of what was sought to be obtained. The … Continue reading Attorney General’s Reference (No 1 of 2001): CACD 11 Jul 2002
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 claimant had obtained a privacy injunction, but the name of the claimant had nevertheless been widey distributed on the Internet. The defendant newspaper now sought to vary the terms. The second defendant did not oppose the injunction. Additionally the claimant said that given that the defendant claimed to have clean hands in the matter, … Continue reading CTB v News Group Newspapers Ltd and Thomas (2): QBD 23 May 2011
The claimant solicitor said he had been defamed on the first defendant’s website (‘Solicitors from Hell’) by the second defendant. The first defendant now applied to set aside judgment entered by default. The claimant additionally sought summary disposal under section 8 of the 1996 Act. The second defendant had settled admitting his claims were unjustified. … Continue reading Robins v Kordowski and Another: QBD 22 Jul 2011
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 court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided. Held: (Majority: Lord Dyson, Lord Phillips, Lady Hale, Lord Judge and Lord Kerr. Dissenting: … Continue reading GC v The Commissioner of Police of The Metropolis: SC 18 May 2011
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 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 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 land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
The prisoner appealed against his conviction for murder on reference from the CCRC. There were new doubts about the reliabiity of the expert forensic expert. Held: The appeal was dismissed. Dr H’s evidence did not impinge on the essential issues in the trial, and the diminution in his standing as an expert witness did not … Continue reading Noye, Kenneth, Regina v: CACD 22 Mar 2011
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
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced hearing losses before 1989. The defendant companies now appealed against a finding of liability. … Continue reading Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011
The court was asked as to the extent to which the ancient rule against champerty prevents a solicitor agreeing to indemnify his claimant client against any liability for costs which she may incur against the defendant in the litigation in which the solicitors are to act for her. Held: The defendant’s appeal failed. The Conditional … Continue reading Sibthorpe and Morris v London Borough of Southwark: CA 25 Jan 2011
The claimant sought judicial review of a decision of the respondent to take over and discontinue his private prosecutions arising from public order incidents, saying that the respondent’s policy was unlawful in restricting such prosecutions. Held: The request was refused. The policy was lawful. The respondent had now adopted exactly the policy criticised in Duckenfield … Continue reading Gujra, Regina (on The Application of) v Crown Prosecution Service: Admn 9 Mar 2011
Honest and Reasonable mistake – No Bigamy The defendant appealed against her conviction for bigamy, saying that she had acted in a mistaken belief. Held: A man commits bigamy if he goes through a marriage ceremony while his wife is alive, even though he honestly and reasonably believes she is dead. ‘At common law an … Continue reading Regina v Tolson: CCR 11 May 1889
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
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the public under a closed material procedure. It argued that whilst the need for … Continue reading Al Rawi and Others v The Security Service and Others: SC 13 Jul 2011
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 Secretary of State attempted, in the course of director’s disqualification proceedings, to rely upon findings made against Mr Bairstow in an earlier wrongful dismissal action to which he had been a party but the Secretary of State not. The . .
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, [1969] 1 QB 439, [1968] 3 All ER 442, [1968] 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: [1968] RVR 490, [1968] EWCA Civ 5, [1968] 3 All ER 304, [1968] 3 WLR 694, (1968) 19 P & CR 856, [1969] 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
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A prisoner escaped, and on recapture was sentenced for the escape, and ordered under the section to complete the remaining part of his sentence. Held: The prisoner was not subject to the provisions regarding return of a prisoner who had been given early release under the statutory scheme. The return part of the order was … Continue reading Regina v Matthews: CACD 25 Feb 2002
The court considered how it could marry the law against the increase of penaties on appeal with the possible need to correct a judge’s error in sentencing. It summarised the provisions for sentencing for specified offences: ‘[The] regime requires the court to carry out a careful step by step evaluation of the sentencing consequences of … Continue reading Reynolds and Others, Regina v: CACD 8 Mar 2007
Judges: Keene LJ, Crane J, Sir John Blofield Citations: [2006] EWCA Crim 1706 Links: Bailii Statutes: Criminal Appeal Act 1968 11 Jurisdiction: England and Wales Criminal Sentencing Updated: 07 July 2022; Ref: scu.243342
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 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 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 defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction. Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his ruling upon that is final and can properly be challenged by way of case stated … Continue reading Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
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
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 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 hearing was a third appeal upon a reference by the Commission on the defendant’s conviction for murder. Held: Auld LJ said that the court’s jurisdiction and a duty on a reference, as in an ordinary appeal, is to consider the safety of the conviction. Section 9(2) of the 1995 Act provides that a conviction … Continue reading Thomas, Regina v: CACD 26 Apr 2002
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 appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006
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
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
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 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
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 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
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, 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
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 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 applicant had sought and been refused legal aid to support legal representation at a full oral hearing on her renewed application for leave to appeal against her conviction. She argued that the refusal of legal aid denied her human rights. Held: The legal aid system assisted her at trial, on advice with regard to … Continue reading Regina v Oates: CACD 25 Apr 2002
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 court gave its reasons for allowing the defendant’s appeal against his conviction for rape. New psychological evidence as to his condition at the time had revealed a morbid jealousy and Asperger’s Syndrome, and was liable to misunderstand in real time the signs and even straightforward indications of those with whom he comes into contact. … Continue reading Sultan v Regina: CACD 23 Jan 2008
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 Trust appealed against a sentence imposed under the 1968 Act after a staff member supplied a prescription not of the quality specified in the prescription. Held: The fine was reduced. Where a body existed on a non-profit public service basis, and delegated its duties to properly qualified and trained staff, the court should acknowledge … Continue reading Guy’s and St Thomas’ NHS Trust, Regina v: CACD 2 Oct 2008
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 defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it would be. Held: (Baroness Hale of Richmond dissenting) The appeal succeeded: ‘the Crown’s principal … Continue reading Saik, Regina v: HL 3 May 2006
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
The claimant was stood at her door when she was taken by police officers, an armed gun pointed at her, laid on the ground and her hands bound. She was held for fifteen minutes. She was entirely innocent, but the officers were looking for armed suspects. She complained that the defendant had not dealt with … Continue reading Dennis, Regina (on the Application of) v Independent Police Complaints Commission: Admn 6 May 2008
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 claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence. Held: The claim was struck out. In effect this was an application for … Continue reading Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007
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
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
The prisoners appealed the review of the recommended minimum terms they must serve on that term being reviewed by the court, saying that the court should have made allowance for the exceptional progress to rehabilitation made in prison. Held: If the evidence is in essence fresh information about the offender, a court will normally not … Continue reading Caines, Regina v, Regina v Roberts: CACD 23 Nov 2006
The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no forewarning, the defence requested the prosecution to prove service of the certificate of analysis. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006
The applicant had left care, but still received assistance. She was arrested and the police asked the attending social worker to arrange secure accommodation overnight. The respondent refused. The court was asked what duty (if any) is owed by local authorities to provide ‘secure accommodation’ for arrested juveniles whom they are requested to receive under … Continue reading M, Regina (on the Application of) v Gateshead Council: CA 14 Mar 2006
The local authority in whose care the deceased child had been held challenged a decision by the coroner not to limit his inquiry to the last few days of the child’s life. The coroner had decided that he had an obligation to conduct a wider enquiry under the 1968 Act. Held: ‘The central question in … Continue reading Plymouth City Council v HM Coroner for the County of Devon and Another: Admn 27 May 2005
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
(Trinidad and Tobago) Two defendants appealed against their convictions for murder. The principal witness who had identified them, had retracted his evidence, but the retraction had not been believed. He was then shown to have lied. Held: The Board had to remember that the court of appeal had already considered these circumstances, and was much … Continue reading Kelvin Dial (otherwise called Peter), Andrew Dottin (otherwise called Maxwell) v The State: PC 14 Feb 2005
The plaintiffs were Indian Chiefs from Canada. They complained that the 1982 Act which granted independence to Canada, had been passed without their consent, which they said was required. They feared the loss of rights embedded by historical treaties. The Attorney General sought the strike out of the claims. Held: The application for a strike … Continue reading Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982
The employer was prosecuted under the 1961 Act. Held: the burden of proving that it was not reasonably practicable to make and keep a place of work safe rested upon the defendant employer. If an exception was to be established, it was for the party claiming the exception to establish it. (Majority) Where a linguistic … Continue reading Nimmo v Alexander Cowan and Sons Ltd: HL 1967
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
In 1989 the defendant was convicted of assorted serious drugs crimes. His case came before the court once more but on the basis that the evidence against him had been fabricated by police officers who had subsequently been discredited. Held: The evidence was not sufficiently contemporaneous to put doubt on the officers’ evidence and the … Continue reading Deans, Regina v: CACD 30 Jul 2004
The defendant was attacked by his victim, and he hit his victim in the face. He was charged with wounding with intent to do grievous bodily harm with an alternative of unlawful wounding also open to the jury. The judge gave no direction on the meaning of ‘maliciously’ and the jury convicted under section 20. … Continue reading Regina v Mowatt: CACD 20 Jun 1967
The defendants had been required to enter into a recognisance to be of good behaviour after disrupting a hunt by blowing of a hunting horn. They were found to have unlawfully caused danger to the dogs. Though there had been no breach of the peace, they had acted contrac bonos mores. They complained that the … Continue reading Hashman and Harrup v The United Kingdom: ECHR 25 Nov 1999
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the claims to be struck out. Held: The claim of harassment could not be struck out merely because … Continue reading Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another: QBD 27 Nov 2020
