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
Appeals against conviction consequent upon a reference by the Criminal Cases Review Commission under section 9 of the Criminal Appeal Act 1995, on the basis that significant material has come to light capable of undermining the credibility of the complainant. Citations: [2014] EWCA Crim 953 Links: Bailii Jurisdiction: England and Wales Crime Updated: 12 December … Continue reading Regina v Ibrar: CACD 3 Apr 2014
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
(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with his article 6 rights. The first question was whether he remained a person ‘charged with a criminal offence’. … Continue reading Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001
It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties. Held: The declaration was refused. There was no explicit provision in copyright law for a declaration of non-infringement as was available … Continue reading Point Solutions Ltd v Focus Business Solutions Ltd and Another: ChD 16 Dec 2005
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
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
The claimant sought damages from a woman in malicious prosecution, saying that she had made a false allegation of rape against him. He had served two years in prison. Held: The claim failed. A complainant is not a prosecutor, and is not liable for the decision to prosecute. To become liable it has to be … Continue reading Hunt v AB: CA 22 Oct 2009
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
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
Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now be unfair. Held: The judge was right to hold that his ruling of deliberate flight concluded the question of delay unless it could be said that the … Continue reading Krzyzowski v Circuit Court In Gliwice, Poland: Admn 23 Nov 2007
(Saint Vincent and the Grenadines) The defendant was convicted of having killed his wife. He had killed his children but faced no charge on that issue. He complained of the admission of evidence showing that he had killed the children. In his evidence he said his wife had killed them. His defence was of diminished … Continue reading Williams v The Queen: PC 23 Nov 1998
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
Reference by the Criminal Cases Review Commission under the Criminal Appeal Act 1995. Conviction of robbery – identification evidence Judges: The Lord Woolf of Barnes Citations: [2000] EWCA Crim 102, [2001] 1 Cr App Rep 26, [2001] Crim LR 125 Links: Bailii Jurisdiction: England and Wales Criminal Evidence Updated: 30 November 2022; Ref: scu.331140
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
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
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the basis that the inspector’s reasons were insufficient. Held: Wherever an … Continue reading South Buckinghamshire District Council and Another v Porter (No 2): HL 1 Jul 2004
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 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
(Jersey) The defendant appealed his conviction for murder, claiming a misdirection on the law of provocation. A chronic alcoholic, he had admitted killing his girlfriend with an axe. Nine law lords convened to seek to reconcile conflicting decisions of the House as to provocation. Held: The defence of provocation has two ingredients. The first, subjective … Continue reading Her Majestys Attorney General for Jersey v Holley: PC 15 Jun 2005
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006
Reference by the Criminal Cases Review Commission under section 9 of the Criminal Appeal Act 1995 based upon what the Commission identified at the date that it made the reference as a possible misdirection by the judge as to provocation Citations: [2006] EWCA Crim 1721 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November … Continue reading Moses, Regina v: CACD 28 Jun 2006
Reference by the Criminal Cases Review Commission under section 9 of the Criminal Appeal Act 1995 – conviction of murder Citations: [2008] EWCA Crim 879 Links: Bailii Jurisdiction: England and Wales Crime Updated: 22 November 2022; Ref: scu.267235
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
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 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
Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage. Held: The request for review failed: ‘the answer to the question whether the unintended escape of sewage amounted to a ‘deposit’ within s.33(1)(a) of the Act, is not … Continue reading Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013
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
The defendant had been acquitted. Orders had been made both for payment of his legal costs, and also for re-imbursement of his own costs. The defendant was accused of serious fraud, and had engaged an American attorney to assist him before instructing English solicitors. Held: It was preferable for such costs applications to be made … Continue reading Brewer, Regina (on the Application of) v Supreme Court Costs Office: Admn 27 Jul 2006
Citations: 41516/10 – HECOM, [2012] ECHR 1995 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Lauchlan and Another v HM Advocate HCJ 5-Jun-2009 The appellants were charged with murder. They appealed against an extension of time given to allow the prosecution to proceed. Held: The appeal failed. . … Continue reading O’Neill v The United Kingdom: ECHR 13 Nov 2012
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000
The appellant appealed his conviction for murder. He had shot his lover as she walked away from an argument. The fact of his conviction following mention of a guilty plea to possession of the firearm was complained of. Held: The judge had directed the jury properly as to the conviction for possession of a firearm … Continue reading Regina v Shanks: CACD 19 Mar 2003
The defendant’s appeal based on the absence of a good character direction had succeeded. The court now gave its reasons. Held: After reviewing the authorities, the appeal succeeded: ‘the learned judge was wrong to find that the fact that evidence, depending on the jury’s view, was relevant to an issue in the trial ‘disentitled’ the … Continue reading GAI v Regina: CACD 5 Oct 2012
The reclaimer, detained under the 1995 Act, sought judicial review of the respondent’s failure to lay regulations as required before an appeal could be made. Citations: [2011] ScotCS CSIH – 19, [2011] CSIH 19, 2011 GWD 12-268, 2012 SC 397, 2011 SLT 787 Links: Bailii Statutes: Criminal Procedure (Scotland) Act 1995 Jurisdiction: Scotland Prisons, Health … Continue reading RM, Re Judicial Review v The Scottish Ministers: SCS 15 Mar 2011
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
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
The defendant was made subject to a confiscation order. He appealed on the basis that the court had left two alternatives versions to the jury, and that it should therefore, when making such an order, take the version most favourable to the defendant. Held: There was no such obligation. The rule in Efionayi applied only … Continue reading Regina v Threapleton: CACD 19 Dec 2001
The claimant had been convicted of the murder of PC Blakelock. The only substantial evidence was in the form of the notes of interview he said were fabricated by senior officers. His eventual appeal on this basis was not resisted. He now appealed against the striking out of his actions for conspiracy to pervert the … Continue reading Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996
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
The defendant appealed his conviction for outraging public decency by behaving in an indecent manner contrary to common law. He had been in the foyer of a bank at night with a girl who performed oral sex. The action could have been seen, but was only recorded and seen the following morning by the manager … Continue reading Rose vDirector of Public Prosecutions: Admn 16 Mar 2006
The defendant brothers appealed convictions for murder. They had pleaded self defence. The injuries on the deceased suggested a substantial number of wounds were inflicted when he was in a curled up defensive post. Held: The provocation direction was requested, and there was evbidence to support it as a possibility. It could have been given … Continue reading Van Dongen and Another, Regina v: CACD 5 Jul 2005
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004
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
A discretionary life prisoner who had been transferred to a mental hospital is not automatically eligible for a certificate under the section. The right conferred on a discretionary life prisoner by section 34 of the 1991 Act did not extend to those who were also detained under the MHA by reason of transfer and restriction … Continue reading Regina v Secretary of State for Home Department ex parte H and Others, Regina v Same ex parte Hickey: CA 29 Jul 1994
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 claimants were shareholders in Railtrack. They complained that the respondent had abused his position to place the company into receivership so as to avoid paying them compensation on a repurchase of the shares. Mr Byers was accused of ‘targeted malice.’ They also complained of an interference with their possessions. Held: The claim failed. The … Continue reading Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005
The claimant sought damages from its accountants, saying that had they been advised of the difficulties in their financial situation, they would have been able to avoid the loss of some 2.5 billion pounds, or to sell their assets at a time when their losses could be minimalised. They appealed a judgment limiting the claim … Continue reading Equitable Life Assurance Society v Ernst and Young: CA 25 Jul 2003
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages. Held: The tort of malicious procurement of a search warrant required it to be established both that there was no reasonable or probable cause for requesting the search warrant and that there … Continue reading Keegan and Others v Chief Constable of Merseyside: CA 3 Jul 2003
A judge should do no more than intimate that the jury has right to stop a trial. Citations: Times 25-Apr-1994, [1995] 1 Cr App R 151 Jurisdiction: England and Wales Cited by: Cited – Regina v SH CACD 3-Aug-2010 The prosecutor had appealed immediately against the judge’s withdrawal of a charge of racially aggravated use … Continue reading Regina v Kemp: CACD 25 Apr 1994
(Belize) The Criminal Code of Belize provided that any murder by shooting was to be treated as Class A Murder, and be subject to the mandatory death penalty. The applicant having been convicted, appealed saying this was inhuman or degrading treatment, and infringed his human rights under the constitution. Held: The crime of murder embraced … Continue reading Reyes v The Queen: PC 11 Mar 2002
The applicant had been subject to company director disqualification proceedings. Eventually he gave an undertaking not to act as a company director, but then succeeded at the ECHR in a complaint of delay. He now sought release from his undertaking in the light of the ECHR judgment. Held: The appeal was dismissed. The decision of … Continue reading Eastaway v Secretary of State for Trade and Industry: CA 10 May 2007
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status. Held: The … Continue reading A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005
The court fiercely criticised the failure of the defendant’s solicitors to follow the practice directions and to use references to the Weekly Law Reports wherever possible as citations. The court had been badly hampered in its hearing by that and other failures. Judges: Lord Justice Aldous, Lord Justice Chadwick, Mr Justice Munby Citations: Times 20-Feb-2003, … Continue reading Governor and Company of the Bank of Scotland v Henry Butcher and Co and others: CA 13 Feb 2003
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 claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
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 said that the husband of a woman juror had sat in court while submissions were made about evidence later excluded form the jury. The evidence was of previous convictions and a similar prosecution against the defendant. Held: Some further evidence was required to establish the truth of the claim before the defendant could … Continue reading Regina v Oke: CACD 25 Jun 1997
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 his conviction for wounding with intent. He had answered ‘no comment’ in the police interview, but claimed self defence at trial. The court considered what note should be taken of the solicitor’s evidence of his advice on interview. Held: Rose LJ gave examples of where a solicitor’s advice to remain silent … Continue reading Regina v Roble: CACD 21 Jan 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
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
The court allowed amendment of the indictment to reflect the law as demonstrated in Preddy, and at a preparatory hearing application was made to quash the amended indictment on the basis that the charges were not supported by evidence in the depositions or Notices of Further Evidence which had been served. That was refused Counsel … Continue reading Regina v Hedworth: CACD 20 Sep 1996
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
The defendant appealed his conviction for indecent assault on his daughter and stepdaughter. The prosecution relied upon the allegatins as similar fact evidence. The complainants denied collaboration and concoction. Held: The jury should decide first if the complainants have colluded before being asked to assess whether their accounts were corroboration for each other. Nevertheless the … Continue reading Regina v H (Evidence: Corroboration); Regina v Hepburn: CACD 2 Mar 1994
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
(Extra Division Inner House) The scope of this appeal relates to the impact of article 5 of the European Convention on Human Rights (‘ECHR’) in circumstances where the petitioner and reclaimer (‘the reclaimer’) is serving an extended sentence under and in terms of section 210A of the Criminal Procedure (Scotland) Act 1995. The reclaimer contends … Continue reading In Reclaiming Motion By Brown v The Parole Board for Scotland and The Scottish Ministers: SCS 31 Jul 2015
The defendant appealed a conviction of possession of 66 grams of cannabis with intent to supply. Also found were a large number of small bags and pounds 7,000 in cash. The defendant said the cannabis was for his personal use, and the equipment had been left at the house. He also complained of the mention … Continue reading Payton, Regina v: CACD 26 May 2006
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 appellant was supported in his appeal by the Criminal Cases Review Commission. In addition the appellant sought to permission raise other grounds of appeal. The prosecution asserted that the court could filter the grounds of appeal already rejected by the Commission. Held: The court could take any ground of appeal arising from the original … Continue reading Regina v Smith (Wallace Duncan) (No 3): CACD 28 Nov 2002
The appellants had imported Playstation computer games. They appealed refusal of a rebate of 50 million euros paid in VAT before a reclassification of the equipment so as to make it exempt from VAT. Held: ‘The effect of the annulment of a Community act under Articles 230 and 231 EC Treaty is to render that … Continue reading Sony Computer Entertainment Europe Ltd v Customs and Excise: ChD 27 Jul 2005
