Citations: [2019] ScotHC HCJAC – 18, 2019 SCCR 172, [2019] HCJAC 18 Links: Bailii Jurisdiction: Scotland Criminal Evidence Updated: 25 November 2022; Ref: scu.652467
Citations: [2018] ScotHC HCJAC – 25 Links: Bailii Jurisdiction: Scotland Crime Updated: 24 April 2022; Ref: scu.618816
Citations: [2022] ScotHC HCJAC – 1 Links: Bailii Jurisdiction: Scotland Crime Updated: 05 April 2022; Ref: scu.671660
Citations: [2017] ScotHC HCJAC – 67 Links: Bailii Jurisdiction: Scotland Crime Updated: 30 March 2022; Ref: scu.595849
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Where the board was refusing an application, it need not set out every matter which it had taken into account. Citations: Times 22-Dec-1995, [1996] 2 All ER 144, [1996] 1 WLR 1037 Jurisdiction: England and Wales Cited by: Cited – Regina on Application of M v Criminal Injuries Compensation Appeals Panel Admn 31-Aug-2001 The complainant … Continue reading Regina v Criminal Injuries Compensation Board Ex Parte Cook: CA 22 Dec 1995
A criminal court trying parents for the manslaughter of one child and cruelty to three others had made an order under section 39 prohibiting the identification of the surviving children. The judge expressed the view that identifying the parents or the dead child would lead to the identification of the surviving children. Two journalists appealed. … Continue reading Ex parte Crook: CA 1995
The complainant had suffered repeated acts of sexual abuse as a child including acts of penetration. She sought compensation under the scheme, but was initially refused on the basis that it was not a crime of violence, then later awarded pounds 2,000. Later again, the Panel agreed to make a payment but reduced it because … Continue reading Regina on Application of M v Criminal Injuries Compensation Appeals Panel: Admn 31 Aug 2001
The Crown cannot be required to adduce evidence which (or to tender for cross-examination a witness whose evidence) is not capable of belief: ‘. . . the prosecution ought normally to call or offer to call all the witnesses who give direct evidence of the primary facts of the case, unless for good reason, in … Continue reading Regina v Russell-Jones: CACD 1995
A defendant is deemed to have surrendered to court custody when attending as directed; a surety was not estreated when he failed to attend at a later hearing after an adjournment.Sir Thomas Bingham MR (dissenting) said that there is nothing in the process of arraignment which in law requires, or in fact amounts to, a … Continue reading Regina v Central Criminal Court Ex Parte Guney: CA 2 Feb 1995
The applicant was convicted of murder and her application for leave to appeal against conviction was dismissed. She later asked that her case be referred to the court of appeal on the ground of diminished responsibility, a ground not put forward earlier but now supported by a psychiatric report. In due course her case was … Continue reading Regina v Criminal Cases Review Commission ex parte Pearson: 1999
Challenge to refusal of respondent to refer the claimant’s conviction of murder back to court. Citations: [2009] EWHC 474 (Admin) Links: Bailii Statutes: Criminal Appeal Act 1995 13 Jurisdiction: England and Wales Crime Updated: 04 December 2022; Ref: scu.324653
The Truro Crown Court had allowed Mr Adair’s appeal against his conviction for obstructing a highway. The prosecutor appealed. Held: It had to be decided whether a particular road had become by presumed dedication a public highway. The use relied on constituted an offence under section 34(1) of the 1988 Act. A claim of long … Continue reading Robinson v Adair: QBD 2 Mar 1995
The issue was whether a presumed dedication of a road as a public highway could result from twenty years or more of uninterrupted public use in breach of section 34(1) of the 1988 Act. The court was considering whether a footpath, alleged to have become a public highway for vehicles by presumed dedication, had been … Continue reading Hereford and Worcester County Council v Pick: 1 Apr 1995
The council appealed a finding that the claimant had been unfairly dismissed. He worked in the Cleansing Department, but took on additional private work in refuge disposal in breach of his contract. A co-worker who had done the same was not dismissed because of his exemplary record. Held: The appeal succeeded. The tribunal, when considering … Continue reading London Borough of Harrow v Cunningham: EAT 2 Nov 1995
Renewed oral application for permission to apply for judicial review of the decision by the Criminal Cases Review Commission not to refer the relevant conviction of the applicant in 1995 to the Court of Appeal (Criminal Division). Judges: His Honour Judge Davis-White QC Citations: [2019] EWHC 2693 (Admin) Links: Bailii Jurisdiction: England and Wales Criminal … Continue reading Canning v Criminal Cases Review Commission: Admn 14 Oct 2019
Criminal Injuries Compensation Board need not allow applicant to give evidence in person where there was a character issue. Citations: Times 19-Jul-1996 Jurisdiction: England and Wales Citing: Appeal from – Regina v Criminal Injuries Compensation Board Ex Parte Dickson QBD 20-Dec-1995 A disputed refusal of a claim by the board on the ground of the … Continue reading Regina v Criminal Injuries Compensation Board Ex Parte Dickson: CA 19 Jul 1996
A civilian who was subject to military law whilst abroad was properly tried by a court-martial for a murder committed whilst abroad. The accused was the son of a serving soldier, and living with him, and subject to martial law. There was no inherent abuse of process, and the procedure had been explicitly adopted by … Continue reading Regina v Alan Martin (On Appeal From Her Majesty’s Courts – Martial Appeal Court): HL 16 Dec 1997
Amendments to practice on appeals to Court of Appeal Civil and Criminal Divisions. Citations: Gazette 22-Mar-1995 Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.84913
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
Procedures are needed so that cars which have been involved in major accidents or crashes and criminal proceedings are envisaged should only be destroyed with consent. Neil LJ considered the law of abuse of process saying that: ‘the constitutional principle which underlies the jurisdiction to stay proceedings is that the courts have the power and … Continue reading Regina v Beckford: CACD 27 Jan 1995
The exclusion from claiming under the scheme, of victims within the same household, including sex abuse victims was not clearly unreasonable. The fact that the scheme was provided under the Crown prerogative did not exclude it from judicial review. Citations: Independent 12-May-1994, [1995] 1 WLR 845 Jurisdiction: England and Wales Citing: Appeal from – Regina … Continue reading Regina v Home Secretary and Criminal Injuries Compensation Board Ex Parte P and Another: CA 12 May 1994
The level of sentencing for a section 18 offence involving ‘glassing’ is ‘somewhere between two-and-a-half years’ to five years’ imprisonment, depending on the individual circumstances’. Judges: Lord Taylor C.J Citations: [1995] 16 Cr App R (S) 792 Statutes: Offences Against the Person Act 1861 18 Jurisdiction: England and Wales Cited by: Cited – Attorney General’s … Continue reading Attorney-General’s Reference No. 41 of 1994; Regina v O’Boyle: CACD 1995
The defendant pleaded guilty to inciting a boy who might have been under 14 at the time to commit incest with the boy’s mother. On appeal it was argued that the defendant had pleaded guilty to an offence unknown to the law, since if the boy had been under 14 at the time he was … Continue reading Regina v Pickford: CACD 1995
The defendant appealed against a sentence of 12 months’ imprisonment for conspiracy to pervert the course of justice. Held: For various factors the sentence should be reduced to one half of that imposed. Judges: Brooke LJ, McCullough, Rivlin JJ Citations: [1995] EWCA Crim 3 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October … Continue reading Regina v O’Loughlin: CACD 19 May 1995
Written statements can be admissible at trial with the protections given by the section without being supported by oral evidence. An inference of the personal knowledge of the maker of statement is permissible. Citations: Ind Summary 03-Apr-1995, Times 09-Feb-1995, [1995] 2 Cr App R 523 Statutes: Criminal Justice Act 1988 24(1)(ii) Jurisdiction: England and Wales … Continue reading Regina v Foxley: CACD 9 Feb 1995
Counsel must give estimates of time for cases coming before court of appeal. Citations: Ind Summary 03-Jul-1995, Times 14-Jun-1995 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.88116
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 was not to overturn a Judge’s decision with regard to identification evidence in the absence of any lurking doubt. The admission of evidence goes only to fairness within trial, not unreliability. Citations: Ind Summary 09-Oct-1995, Times 05-Sep-1995 Statutes: Police and Criminal Evidence Act 1984 78 Jurisdiction: England and Wales Criminal Evidence, … Continue reading Regina v Rankin: CACD 5 Sep 1995
Counsel’s reasonable mistake in the tactics adopted at a trial will not be good grounds for an appeal. Citations: Times 07-Dec-1995 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.87672
The court of appeal may not hear an appeal against a refusal to hear a case in camera. This was a matter for the judge’s discretion. Citations: Gazette 08-Mar-1995, Times 31-Dec-1994 Statutes: Criminal Justice Act 1989 159(1)(b) Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.87665
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
Guidance was given on the directions to be given to the jury where a co-accused speaks for prosecution as a witness and in sexual assault cases. The full corroboration warning is not now needed; the Judge may use his own discretion, and may give a lesser direction if he chooses. In this case there was … Continue reading Regina v Makanjuola: CACD 17 May 1995
The Court of Appeal may not review a minimum period recommendation for murderer despite excess. Citations: Gazette 03-May-1995 Statutes: Murder (Abolition of Death Penalty) Act 1965 Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87136
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
The Court of Appeal is unable to interfere with Judge’s recommended minimum for a lifer, even though it may recommend a change. Citations: Independent 11-Apr-1995 Statutes: Murder (Abolition of Death Penalty) Act 1965 Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87138
The Court of Appeal has the power to hear and admit if appropriate evidence which had not been admitted at trial. Citations: Times 31-Oct-1995 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.86771
Detailed directions were provided for the judge to give to a jury where a defendant chooses not to give evidence in his defence in the Crown Court. Lord Taylor of Gosforth said: ‘1. The judge will have told the jury that the burden of proof remains upon the prosecution throughout and what the required standard … Continue reading Regina v Cowan and Another: CACD 12 Oct 1995
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
A Police Constable’s very detailed analysis of video evidence in a case made him an ad hoc expert on it.Lord Taylor of Gosforth CJ said: ‘The phrase ‘expert ad hoc’ seeks to put witnesses like Detective Parsons and PC Fitzpatrick into the traditional category of those qualified to give expert opinion. Whether or not the … Continue reading Regina v Clare, Regina v Peach: CACD 7 Apr 1995
There were no special rules for the admission of evidence by computerised facial mapping. The ultimate gatekeepers on the admission of evidence of previous convictions are the rules on similar fact evidence. Citations: Ind Summary 30-Jan-1995, [1995] 2 Cr App R 420 Jurisdiction: England and Wales Cited by: Cited – Regina v Hersey CACD 1-Dec-1997 … Continue reading Regina v Clarke: CACD 30 Jan 1995
Counsel based application for leave to appeal to Judge of Court of Appeal after refusal of non-counsel supported appeal. Citations: Times 20-Oct-1995 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.86154
Lawyers who were newly appointed on an appeal should consult with previously instructed lawyers to avoid unnecessary difficulties. Citations: Times 09-May-1995 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.86179
(St. Vincent and The Grenadines) A notice of appeal which was required by statute to be given ‘in such manner as may be directed by rules of court’, but which did not comply with such rules because it was not signed by the appellant personally, was nonetheless a notice within the meaning of the relevant … Continue reading George Pollard v The Queen: PC 30 Oct 1995
The 15 year old defendant appealed his conviction on the basis of recklessness, challenging, unsuccessfully, the rule in Caldwell. Held: Because recklessness was to be judged by the standard of the reasonable prudent man, expert evidence of the defendant’s capacity to foresee the risks which would arise from his setting fire to hay in a … Continue reading Regina v Coles: CACD 1995
Citations: No. 94/7352/S2, Unreported, 9 February 1995 Statutes: Criminal Justice Act 1987 9 Jurisdiction: England and Wales Cited by: Cited – H, Regina v Re Interlocutory Application CACD 7-Jul-2006 The defendant sought leave to appeal against a refusal of a crown court judge at a preparatory hearing to order disclosure. Held: Because orders for disclosure … Continue reading Regina v Maxwell: CACD 9 Feb 1995
Citations: Unreported, 9 February 1995 Jurisdiction: England and Wales Cited by: Cited – Regina v Claydon; Regina v Regina v Hall; Regina v Costall; Regina v French CACD 13-Jun-2001 The defendants faced substantial trials involving drugs offences. At a preparatory hearing the court made decisions about abuse of process and as to what evidence might … Continue reading Regina v Moore and others: CACD 9 Feb 1995
Appeals and transfers for trial from Miskin Justices are to be to Merthyr Tydfil Crown Court. Citations: Gazette 05-Jul-1995 Jurisdiction: England and Wales Criminal Practice Updated: 06 August 2022; Ref: scu.90241
The appellant the Commission’s decision not to refer his case back to the court. They had agreed that a miscarriage of justice might have occurred, but concluded that it was not in the interests of justice to make such a referral. His statement had been obtained without the presence or availability of a lawyer in … Continue reading Gordon v Scottish Criminal Cases Review Commission (Scotland): SC 22 Mar 2017
The claimant sought judicial review of the decision of the defendant not to refer his case to the court. He argued that he should have been allowed to present a defence of entrapment. Judges: Pill LJ, King J Citations: [2008] EWHC 2389 (Admin) Links: Bailii Statutes: Criminal Appeal Act 1995 Jurisdiction: England and Wales Administrative, … Continue reading Edwards, Regina (on the Application of) v Criminal Cases Review Commission: Admn 13 Oct 2008
The Court of Appeal had allowed an appeal from the judge who had directed that the transcripts of examinations of a director of an insolvent company under section 236 on the Director of the Serious Fraud Office undertaking that the transcripts would not be used save in the circumstances specified in section 2(8) of the … Continue reading Re Arrows Ltd No 4: HL 1995
The claimant had been convicted in 1993 of involvement in a murder. He had complained that the police had failed to disclose material which would have been of assistance to him. He had requested the Commission to take examine and pursue his appeal. Material had been examined for which public interest immunity was sought. Having … Continue reading Dowsett v Criminal Cases Review Commission: Admn 8 Jun 2007
A Judge must not act as a prosecutor on an appeal from the magistrates where Prosecuting counsel was absent. Citations: Times 25-May-1995 Jurisdiction: England and Wales Criminal Practice Updated: 11 June 2022; Ref: scu.88344
The test for whether or not to recall a lifer who was free on licence is the same test as was used for his release, namely whether his detention was required for the protection of the public. Citations: Independent 22-Nov-1995 Statutes: Criminal Justice Act 1991 34(4)(b) Jurisdiction: England and Wales Cited by: Appeal from – … Continue reading Regina v Parole Board, Ex Parte Watson: QBD 22 Nov 1995
The appellant sought judicial review of the respondents refusal to refer his case back to the Court of Appeal. Held: The Commission had misunderstood the way in which the Court of Appeal worked, by anticipating that it would reconsider the evidence. In this case, the defendant and the court had not allowed as a serious … Continue reading Farnell, Regina (on Application By) v Criminal Cases Review Commission: Admn 15 Apr 2003
The court was concerned with the refusal of the magistrates to make a compensation order after a plea of guilty to a statutory nuisance. The magistrates had also refused to award costs of the adjourned hearing at which compensation had been sought. Held: The court declined to interfere with the refusal of the compensation, but … Continue reading Davenport v Walsall Metropolitan Borough Council: CA 17 Mar 1995
The Magistrates committed the defendant to the Crown Court for sentence. In addition to other sentences the Crown Court imposed a confiscation order. The defendant succeeded in an appeal to the Court of Appeal, and the Crown now appealed. Held: The Crown Court had full power to make such an order. There had been no … Continue reading Regina v Pope (Criminal): HL 20 Jun 2002
The court drew attention to the difference between the situation where the court itself makes inquiries as to events in the jury retiring room with the aim of bringing the court in question into contempt and that where it makes inquiries with the aim of trying to ensure that justice does not miscarry: ‘we have … Continue reading The Scottish Criminal Cases Review Commission for an Order etc: SCS 29 Aug 2000
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that planning permission should be granted), (b) (that there had been no breach of planning control) and … Continue reading Bryan v The United Kingdom: ECHR 22 Nov 1995
For the purposes of the Criminal Injuries Compensation Scheme, a juvenile but willing participant in an act of buggery, is not deemed to be a victim of a crime of violence. The purpose of the section is to disapprove of such activity in general, and therefore neither participants is to be seen as a victim. … Continue reading Regina – v- Criminal Injuries Compensation Appeals Panel, ex parte August; Similar: CA 18 Dec 2000
The court considered the circumstances under which an accused could call in aid the convictions of a co-defendant: Held: It was fundamental that it is not normally relevant to enquire into a defendant’s previous character or to ask questions which tend to show that he has previously committed some criminal offence. A defendant is always … Continue reading Regina v Thompson and others: CACD 1995
The applicant was convicted in 1988 of drug offences committed in 1986. The judge passed a sentence of imprisonment but imposed a confiscation order pursuant to an Act that came into force in l987. Held: The concept of penalty in Article 7 was an autonomous Convention concept and that to render the protection of Article … Continue reading Welch v United Kingdom: ECHR 15 Feb 1995
The defendant was a soldier on patrol in Northern Ireland. He was convicted of the murder of the passenger and attempted murder of the driver of a stolen car. He said he had fired in self defence. The Court of Appeal had rejected his appeal saying that on the facts it had been a grossly … Continue reading Regina v Clegg: HL 25 Jan 1995
The term ‘Accommodation’ in the Act was to be read to include short term lettings, and was not to be restricted to secure accommodation, and the loss of such accommodation can be counted as intentional homelessness. If a person who had been provided with accommodation in accordance with section 65(2) of the 1985 Act was … Continue reading Regina v Brent London Borough Council Ex Parte Awua: HL 6 Jul 1995
New evidence on an appeal was admissible only in accordance with the Act. Judges: Lord Justice Clerk Ross Citations: Times 16-May-1995, 1995 JC 95, [1995] ScotHC HCJ – 2, 1995 SLT 612, 1995 SCCR 280 Links: Bailii Statutes: Criminal Procedure (Scotland) Act 228(2) Cited by: Cited – Fraser v Her Majesty’s Advocate SC 25-May-2011 The … Continue reading Elliott (Angus Gordon) v HM Advocate: HCJ 24 Mar 1995
(Jamaica) A court’s insistence that a submission of no case to answer must be made in the presence of jury was unfair. When considering submissions of no case to answer, the judge should invite the jury to retire and, if he decided to reject the plea, he should say nothing to the jury about it. … Continue reading Rupert Crosdale v The Queen: PC 6 Apr 1995
Legal Aid was wrongfully refused where a tax or fine defaulter was liable to imprisonment, and the lack of a proper means enquiry, made imprisonment of poll tax defaulter unlawful. A poll tax defaulter had been wrongly committed to prison by magistrates. The question was whether or not they had acted in excess of jurisdiction. … Continue reading Benham v United Kingdom: ECHR 8 Feb 1995
(Court of Appeal of Trinidad and Tobago) The court gave guidance on the need to give proper directions on identification evidence to accord with Turnbull: ‘We are concerned about the repeated failures of trial judges to instruct juries properly on the Turnbull principles when they deal with the issue of identification. Great care should be … Continue reading Fuller v State: 1995
The fact that there may have been a possibility of collusion is not sufficient to stop the admission of similar fact evidence by way of corroboration. ‘ . . the function of the trial judge is not to decide as an intellectual process whether the evidence satisfies prescribed conditions, but to strike as a matter … Continue reading Regina v H (Evidence: Corroboration): HL 25 May 1995
The defendant (one of three) relied upon his part exculpatory statement made in interview and did not give evidence. The judge said that his good character was relevant as to his own propensity, and the character of the others was relevant to their credibility. The appeals were upheld, and the crown in turn appealed. Held: … Continue reading Regina v Aziz; Regina v Tosun; Regina v Yorganci: HL 16 Jun 1995
Chattels which became affixed to a lessee’s land became fixtures, and were not available for tax allowances calculations. Lord Browne-Wilkinson said: ‘The terms expressly or implicitly agreed between the fixer of the chattel and the owner of the land cannot affect the determination of the question whether, in law, the chattel has become a fixture … Continue reading Melluish (Inspector of Taxes) v BMI (No 3) Ltd and Related Appeals: HL 16 Oct 1995
It was alleged that the maximum permitted front axle weight of the vehicle in question was exceeded. The court was asked what were the circimstances defing a ‘user’ of a motor vehicle in prosecutions for use of the vehicle. Held: ‘The so-called narrow approach to the meaning of the word ‘use’ or ‘uses’ where it … Continue reading West Yorkshire Trading Standards Service v Lex Vehicle Leasing Ltd: QBD 9 Feb 1995
A newspaper’s pressure on jury to convict by suggesting other evidence, made the trial unfair. Suggestions of unfairness by judge in his summing up should only be made if supported by counsel at the trial. The degree of adverse comment allowed today was substantially less than it had been 50 years ago. But the defendant … Continue reading Regina v Wood: CACD 11 Jul 1995
A disputed refusal of a claim by the board on the ground of the applicant’s character gave the right to an oral hearing. Citations: Times 20-Dec-1995 Statutes: Criminal Injuries Compensation Scheme 1990 24 Cited by: Appeal from – Regina v Criminal Injuries Compensation Board Ex Parte Dickson CA 19-Jul-1996 Criminal Injuries Compensation Board need not … Continue reading Regina v Criminal Injuries Compensation Board Ex Parte Dickson: QBD 20 Dec 1995
A Home Secretary requesting warrants must be specific on the type he required. It was his duty, and not that of the police to state the method of seizure of documents for use in a foreign jurisdiction. A judge making an order should give reasons for the order. Judges: Laws J Citations: Independent 29-Mar-1994, Times … Continue reading Regina v Central Criminal Court Ex Parte Propend Finance Pty Ltd and Others: QBD 17 Mar 1994
Two men poured petrol over and set fire to the car of another man. Unknown to them the owner was asleep inside the car and he was as a result killed. Sentences of 7 years were upheld. Citations: [1995] 16 Cr App R (S) 777 Jurisdiction: England and Wales Cited by: Cited – Jones, Regina … Continue reading Regina v Daly and England: CACD 1995
Section 3 of the 1957 Act spells out the function of the judge and jury at the trial. The section is dealing with the trial, not the appeal. Judges: Glidewell LJ Citations: [1995] Crim LR 425 Statutes: Homicide Act 1957 3 Jurisdiction: England and Wales Citing: Considered – Regina v Whitfield CACD 1976 The court … Continue reading Regina v Burgess and McLean: CACD 1995
The previous non-accidental injuries sustained by the baby whom F was alleged to have murdered were relevant to show not only that the child, being in pain, was more likely to be fractious, but also how F was likely to react to the child crying. The court expressly disclaimed the suggestion that the evidence was … Continue reading Regina v Fulcher: CACD 1995
When an application is made to have evidence admitted under the 1988 Act, the evidence in support of that application must be given under oath. Citations: [1995] Crim LR 810 Statutes: Criminal Justice Act 1988 23(3) Jurisdiction: England and Wales Cited by: Cited – Lobban, Regina v CACD 7-May-2004 The defendant appealed his conviction. A … Continue reading Regina v Jennings and Miles: CACD 1995
1. Sections 32 to 40 of the Criminal Justice Act 1991 come into force on 1 October 1992. They make radical changes with regard to sentences. 2. Remission is abolished. 3. Parole will affect only those sentenced to four years’ imprisonment and above. 4. Where the sentence of the court is less than four years … Continue reading Practice Statement (Crime: Sentencing): LCJ 1992
In the offence of fraudulent trading, ‘creditors’ are those to whom money was owed, including future creditors, not just those who can presently sue. Deceptions practised in UK, but having their effect abroad are prosecutable here. The only feature of the circumstances which had occurred outside England was the transfer of funds to the bank’s … Continue reading Regina v Smith (Wallace Duncan) (No 1): CACD 13 Nov 1995
(New Zealand) The New Zealand statute required a holder of specified investments to give notice of its holding to a regulator as soon as it became aware of its holding. Unbeknown to any others in the company apart from one colleague, its chief investment officer improperly acquired such investments on the company’s behalf. The former … Continue reading Meridian Global Funds Management Asia Ltd v Securities Commission: PC 26 Jun 1995
(New Zealand) Lord Hofmann said: ‘There is in fact no such thing as the company as such, no ‘ding an sich’, only the applicable rules. To say that a company cannot do something means only that there is no one whose doing of that act would, under the applicable rules of attribution, count as an … Continue reading Meridian Global Funds Management Asia Ltd v The Securities Commission Co: PC 26 Jun 1995
A bigamist is unable to claim ancillary relief in the second marriage; would be against public policy. Since bigamy was a serious crime which undermined fundamental notions of monogamous marriage, the Court would not as a matter of public policy entertain an application for financial relief under the Matrimonial Causes Act 1973 from a person … Continue reading Whiston v Whiston: CA 8 May 1995
A defendant facing a charge of not complying with an enforcement notice may not challenge the validity of the notice upon which the enforcement proceedings are based by asserting it to be unreasonable. Citations: Gazette 07-Jun-1995, Independent 11-May-1995, Times 19-Apr-1995 Statutes: Town and Country Planning Act 1990 179 (1) Jurisdiction: England and Wales Citing: Appealed … Continue reading Regina v Wicks: CACD 19 Apr 1995
There was a case to answer on an OPL charge despite the computer readout not being handed to Justices. It was in evidence. Evidence referred to but not challenged by the defendant can be relied upon by Justices in making their decision. The court commented on a suggestion that a defending advocate was entitled to … Continue reading Regina v Pydar Justices Ex Parte Foster: QBD 23 May 1995
Disclosure by third parties in criminal proceedings was not affected by other new rule. Simon Brown LJ summarised the tests for materiality for requiring production of dicuments from third parties by magistrates: ‘The central principles . . . are as follows: (i) to be material evidence documents must be not only relevant to the issues … Continue reading Regina v Reading Justices ex parte Berkshire County Council: QBD 5 May 1995
Applications for leave to appeal to Courts Martial Appeal Court must provide fresh and argued grounds of the appeal. Citations: Times 10-Mar-1995, Ind Summary 24-Apr-1995 Criminal Practice, Armed Forces Updated: 09 April 2022; Ref: scu.86855
An arraignment was valid despite non attendance at court, and the surety’s duties were not terminated. Arraignment in absence if defendant is not a surrender to custody for bail. Judges: Ralph Gibson LJ Citations: Gazette 23-Mar-1994, Independent 10-Feb-1994, Times 01-Feb-1994, [1994] 1 WLR 438 Statutes: Bail Act 1946 3,
A Local Authority may seize an unlicensed entertainer’s equipment; Leicester Square is ‘premises’. Citations: Ind Summary 30-Jan-1995 Statutes: Local Government Act 1963 12 Citing: Appealed to – Regina v Bow Street Magistrates Court and Another, Ex Parte McDonald CA 27-Mar-1996 An entertainment licence was not needed for public entertainment given by a busker, a public … Continue reading Regina v Bow Street Magistrates Ex Parte McDonald: QBD 30 Jan 1995
A judge’s identification direction need not always warn on the need for witnesses to be convincing. An unsworn statement from a defendant is significantly inferior to oral evidence. Citations: Times 01-Mar-1995, [1995] 1 WLR 511 Cited by: Cited – Alexander Von Starck v The Queen PC 28-Feb-2000 (Jamaica) The defendant had fatally stabbed a woman. … Continue reading Mills and Others v The Queen: PC 1 Mar 1995
The police were asked by shopkeepers concerned about shoplifting, for photographs of thieves so that the staff would recognise them. The police provided photographs including one of the claimant taken in custody. The traders were told only to show them to staff. Held: A duty of confidence could arise when the police photographed a suspect … Continue reading Hellewell v Chief Constable of Derbyshire: QBD 13 Jan 1995
A Crown Court Judge need not give reasons for his refusing leave to appeal out of time. Citations: Ind Summary 13-Mar-1995 Statutes: Crown Court Rules 1982 7 Jurisdiction: England and Wales Criminal Practice Updated: 07 April 2022; Ref: scu.88108
The claimant challenged the decision of the Criminal Cases Review Commission to refuse to make a reference in respect of two convictions of the claimant Citations: [2019] EWHC 183 (Admin) Links: Bailii Statutes: Criminal Appeal Act 1995 9 Jurisdiction: England and Wales Criminal Practice Updated: 01 April 2022; Ref: scu.633173
The allegation was of a serious assault on the defendant’s wife. The prosecution considered she would not be a reliable witness, and did not call her. Other evidence being inadmissible, the defendant was acquitted. The AG appealed. Held: There is no rider in law to the res gestae exception disapplying the exception if better (or … Continue reading Regina v W (Reference Under Section 36 of the Criminal Justice Act 1972): CACD 8 May 2003
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
The defendant penetrated the complainant’s vagina and rectum with his hand; she suffered cuts caused by a signet ring worn by the defendant; septicaemia developed and she died. The defendant was charged with manslaughter. The judge was asked to make a ruling on whether, putting the prosecution case at its highest, the defendant should be … Continue reading Regina v Slingsby: Crwn 1995
Wrong assumptions made by police officers in the killing of terrorists amounted to a human rights breach, despite the existence of danger to the public of an imminent attack. Article 2(1) is ‘one of the most fundamental provisions in the Convention’. It would have been incumbent on the state to conduct a ‘thorough, impartial and … Continue reading McCann and Others v The United Kingdom: ECHR 6 Oct 1995
