H v Director of Public Prosecutions: Admn 17 Jul 2007
Citations: [2007] EWHC 2192 (Admin) Links: Bailii Statutes: Criminal Damage Act 1971 1(1) Jurisdiction: England and Wales Crime Updated: 04 December 2022; Ref: scu.259842
Search Results for: Criminal Damage Act 1971 1(1)
Commissioner of Police v Caldwell: HL 19 Mar 1981
The defendant got drunk and set fire to the hotel where he worked. Guests were present. He was indicted upon two counts of arson. He pleaded guilty to the 1(1) count but contested the 1(2) charge, saying he was so drunk that the thought there might be people never crossed his mind. Setting aside his … Continue reading Commissioner of Police v Caldwell: HL 19 Mar 1981
Regina v Gemmel: CACD 17 Jul 2002
Judges: Lord Justice Dyson Citations: [2002] EWCA Crim 1992 Links: Bailii Statutes: Criminal Damage Act 1971 1(1) 1(3) Jurisdiction: England and Wales Crime Updated: 20 November 2022; Ref: scu.175259
Regina v Coles: CACD 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
Regina v G and R: CACD 17 Jul 2002
The defendants were children accused of arson being reckless as to the danger of damage. They were not entitled to require the jury to consider as a separate question whether the risk of damage was obvious other than to an ordinary adult. Held: The question at issue was substantial, as to the mens rea and … Continue reading Regina v G and R: CACD 17 Jul 2002
Regina v Stephenson: CACD 1979
The defendant sought to sleep in a hollow in a haystack. He lit a fire, to keep warm, which set fire to the stack. He appealed against his conviction under the 1971 Act. He had a long history of schizophrenia and may not have had the same ability to foresee or appreciate risks as the … Continue reading Regina v Stephenson: CACD 1979
Booth v Crown Prosecution Service: QBD 30 Jan 2006
Judges: Lady Justice Hallett The Honourable Mr Justice Owen Citations: [2006] EWHC 192 (Admin) Links: Bailii Statutes: Criminal Damage Act 1971 1(1) 1(4) Jurisdiction: England and Wales Crime Updated: 05 July 2022; Ref: scu.239939
Regina v Miller: HL 17 Mar 1982
The defendant, a vagrant, fell asleep in an empty house. His lighted cigarette fell onto his mattress, and a fire started. Rather than put it out, he moved to another room. He was accused of arson. Held: He was guilty. A defendant would be guilty even though he did not know he had started the … Continue reading Regina v Miller: HL 17 Mar 1982
Regina v Hunt: CACD 1978
The defendant had been charged with setting fire to a guest room in an old people’s home. He claimed that he had done so to draw attention to a defective fire alarm system. He sought to set up a statutory defence under section 5(2) by claiming to have had a lawful excuse in doing what … Continue reading Regina v Hunt: CACD 1978
Lloyd v Director of Public Prosecutions: QBD 1992
Mr Lloyd had parked his car in a private car park with five large notices boards located at the entrance to and exit of this private car park positioned at eye-level for car drivers. All those notices warned that unauthorised vehicles would be immobilised. Mr Lloyd’s car was found clamped on his return. He contacted … Continue reading Lloyd v Director of Public Prosecutions: QBD 1992
Regina v Parker (Daryl): CACD 1977
In a temper the defendant broke a telephone by smashing the handset violently down on to the telephone unit. Held: Applying but modifying Briggs, the defendant had been fully aware of all the circumstances and, if ‘he did not know, as he said he did not, that there was some risk of damage, he was, … Continue reading Regina v Parker (Daryl): CACD 1977
Jaggard v Dickinson: QBD 1980
The defendant broke two windows and damaged a curtain in the house of a stranger. She was drunk. She was charged under the 1971 Act, but she raised her honest but drunken and mistaken belief that the house belonged to a friend who would have consented to her breaking in and causing damage having told … Continue reading Jaggard v Dickinson: QBD 1980
Reyes v Al-Malki and Another: SC 18 Oct 2017
The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity. Held: The appeal was allowed: ‘the question whether the exception in article 31(1)(c) would have applied … Continue reading Reyes v Al-Malki and Another: SC 18 Oct 2017
Regina v Soneji and Bullen: HL 21 Jul 2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
Regina v Briggs (Note): CACD 1977
The defendant caused damage to a car. The appeal turned on the trial judge’s direction on the meaning of ‘reckless’. Held: The conviction was set aside. The judge had not adequately explained that the test to be applied was that of the defendant’s state of mind. ‘A man is reckless in the sense required when … Continue reading Regina v Briggs (Note): CACD 1977
Elliott v C: 1983
A 14-year old girl of low intelligence entered a shed, poured white spirit on the floor and set it alight. The fire destroyed the shed after she left. The allegation was that she was reckless. The justices applied Caldwell but inferred that in his reference to ‘an obvious risk’ Lord Diplock had meant a risk … Continue reading Elliott v C: 1983
Regina v G and R: HL 16 Oct 2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the defendant had given no thought to a risk of damage, but … Continue reading Regina v G and R: HL 16 Oct 2003
Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
Westminster City Council v National Asylum Support Service: HL 17 Oct 2002
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker. Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied … Continue reading Westminster City Council v National Asylum Support Service: HL 17 Oct 2002
Ashley and Another v Chief Constable of Sussex Police: HL 23 Apr 2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now appealed a finding that he might nevertheless be liable in a … Continue reading Ashley and Another v Chief Constable of Sussex Police: HL 23 Apr 2008
Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
Birmingham City Council v Shafi and Another: CA 30 Oct 2008
The Council appealed a finding that the court did not have jurisdiction to obtain without notice injunctions to control the behaviour of youths said to be creating a disturbance, including restricting their rights to enter certain parts of the city with named others. The council was using the orders to attempt to control gang activities. … Continue reading Birmingham City Council v Shafi and Another: CA 30 Oct 2008
Stubbings v Webb and Another: HL 10 Feb 1993
In claims for damages for child abuse at a children’s home made out of the six year time limit time were effectively time barred, with no discretion for the court to extend that limit. The damage occurred at the time when the child left the home. A . .
