Citations: [2000] EWCA Crim 61 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 04 October 2022; Ref: scu.158711
The court was asked: ‘Whether the common-law offence of perverting the course of public justice is committed where false evidence is given or made, not to defeat what the witness believes to be the ends of justice, or not to procure what the witness believes to be a false verdict.’ Photographs had been taken of … Continue reading Re S 36 Criminal Justice Act 1972; Attorney General’s Reference No 1 of 2002: CACD 14 Oct 2002
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
When considering the fairness of a particular tribunal hearing a case, the test was whether ‘a reasonable and fair-minded person sitting in the court and’ knowing all the relevant facts have a ‘reasonable suspicion that a fair trial for’ the applicant ‘was not possible’.’ Judges: Lord Widgery CJ Citations: Times 20-Jun-1972 Jurisdiction: England and Wales … Continue reading Regina v Uxbridge Justices, ex parte Burbridge: 20 Jun 1972
When the Applicant appeared before the Justices, his solicitor submitted that the Justices should acknowledge that they were aware that in addition to the matter which they were about to try (that is to say an offence of criminal damage against a door) the Applicant was also facing six complaints of failing to answer to … Continue reading Regina v Liverpool City Justices ex parte Topping: 1983
The petitioner appealed a refusal of his claim for compensation. He was a serving police officer injured whilst arresting an offender. He had retired on medical grounds and received pensions, which the Board found deductible from any award reducing his claim below the minimum. The relative scheme sought to award damages on a basis comparable … Continue reading Cantwell v Criminal Injuries Compensation Board: IHCS 9 Feb 2000
The prosecutor on a charge of driving with excess alcohol had failed to adduce evidence as to the calibration of the intoximeter. The magistrates allowed him to re-open his case. The defendant appealed. Held: The appeal was dismissed: ‘If the failure to adduce that evidence on the part of the prosecution is simply an oversight … Continue reading Antonio Leeson v Haringey Justices and Director of Public Prosecutions: Admn 26 Jul 1999
The defendants were charged after pasting up in telephone booths advertisements for homosexual services. They published a magazine with similar advertisements. The House was asked to confirm the existence of an offence of outraging public decency. Held: There now exists no power in the courts to create new criminal offences. A new criminal offence could … Continue reading Regina v Knuller (Publishing, Printing and Promotions) Ltd; Knuller etc v Director of Public Prosecutions: HL 1972
A recommendation for deportation was not a disqualification or disability within the meaning of section 12(2) of the 1948 Act. Citations: [1973] QB 491, [1972] 3 All ER 285 Statutes: Criminal Justice Act 1948 12(2) Jurisdiction: England and Wales Cited by: Cited – Clarke v Regina CACD 12-Jun-2009 The defendant had pleaded guilty to concealing … Continue reading Regina v Akan: 1972
Mrs. Becker had started an action as trustee when she was sent to prison for obtaining credit as a bankrupt. She applied to leave prison in order to conduct her case. The Home Secretary made a direction for her production under Section 29 of the Criminal Justice Act 1961 subject to her prepayment of the … Continue reading Becker v Home Office: CA 1972
Ashworth J said: ‘The argument for the appellants appeared to involve the proposition that an indictment, in order to be defective, must be one which in law did not charge any offence at all and therefore is bad on the face of it. We do not take that view. In our opinion, any alteration in … Continue reading Regina v Johal and Ram: 1972
The judge’s discretion to exclude a statement on the ground that its admission would be unfair is a matter of degree, but the first and principal decision is whether the prosecution has proved that it was made voluntarily. The court discussed what would be ‘oppressive’ in questioning by the police, and adopted part of a … Continue reading Regina v Prager: CACD 1972
Citations: [1972] 1 All ER 901 Jurisdiction: England and Wales Citing: Cited – Webb v Leadbetter QBD 1966 One of two witnesses whom the prosecution desired to call at the hearing of an information had not arrived. The available witness was called. The prosecution case closed. The defendant gave evidence and his case closed. The … Continue reading Phelan v Back: 1972
The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. Held: The appeal failed (Lord Rodger dissenting). Giving notice, for the purposes of … Continue reading Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
The plaintiff sought damages following the death of her husband when working for the defendant. The limitation period expired on Saturday 5 September 1970. The writ was issued on the Monday following.
Held: The appeal succeeded. The writ was . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
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
In prosecuting a juror for acts intended to pervert the course of justice, it must be shown not only that the juror spoke to the defendant about the matter, but that the juror intended to interfere with justice or the nature of the communication did so. Brooke LJ said: ‘It appears from the authorities that … Continue reading Regina v Lalani: CACD 22 Jan 1999
The defendant lorry driver collided with cars parked on the hard shoulder of the motorway, killing two people. He pleaded in defence a non-insane automatism induced by the experience of ‘repetitive visual stimulus experienced on long journeys on straight flat roads’ Held: Driving without awareness cannot be used as a defence of automatism, where the … Continue reading Attorney-General’s Reference (No 2 of 1992): CACD 21 Jun 1993
The court admitted in evidence, by applying the res gestae rule, a statement of the defendant’s co-accused. Citations: [1999] EWCA Crim 1686 Jurisdiction: England and Wales Cited by: Cited – Regina v W (Reference Under Section 36 of the Criminal Justice Act 1972) CACD 8-May-2003 The allegation was of a serious assault on the defendant’s … Continue reading Regina v James NJ: CACD 17 Jun 1999
Citations: [2000] EWCA Crim 10 Statutes: Criminal Justice Act 1972 36 Jurisdiction: England and Wales Criminal Sentencing Updated: 28 July 2022; Ref: scu.158660
The case involved an assault. The crown sought to introduce as evidence a statement made by the defendant’s brother at the scene under the res gestae rule. Held: The circumstances were such as to allow admission of the evidence under the tests laid down in Andrews and Ratten. Citations: [1997] EWCA Crim 731 Jurisdiction: England … Continue reading Regina v Giles: CACD 13 Mar 1997
The defendant was accused of having racially abused the complainant by referring to him as an ‘immigrant doctor’ before the assault. The trial judge had held that the word ‘immigrant’ was so wide in its possible application as not to be capable of constituting racial abuse. Held: Whether such words constituted racial agravation in the … Continue reading Attorney General’s Reference (No 4 of 2004): CACD 22 Apr 2005
The court’s opinion was sought in relation to two questions referred by the Attorney General under s36 of the Criminal Justice Act 1972: 1. can a defendant be properly convicted of manslaughter by gross negligence in the absence of evidence as to that defendant’s state of mind? 2. can a non-human defendant be convicted of … Continue reading Attorney General’s Reference No 2 of 1999: CACD 15 Feb 2000
Waste products could become ‘controlled waste’ and subject to licensing procedures without there being a recovery or disposal operation being involved. A rendering process produced a condensate which the company wished to spread on farm land without a licence. The company had argued that no recovery process was involved, and therefore it was not waste … Continue reading Attorney-General’s Reference (No 5 of 2000): CACD 6 Jun 2001
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 best evidence rule does not generally exclude the admission of evidence of lesser quality. If such a rule exists, it applies only to documents in the possession of the partyAckner LJ said: ‘The old rule, that a party must produce the best evidence that the nature of the case will allow, and that any … Continue reading Kajala v Noble: CACD 1982
Admission of hearsay evidence The defendant appealed by case stated against his conviction for assault. He said that certain evidence, a statement from the complainaint, and a recording of the 999 call, should not have been admitted as hearsay. Held: Fulford LJ said: ‘Although the court has a cardinal responsibility to ensure that a defendant … Continue reading Barnaby v The Director of Public Prosecutions: Admn 6 Feb 2015
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order could properly be made, and said that in any event it should be discharged. Held: … Continue reading Attorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order: HL 17 Jun 2009
It was alleged that the defendant had tampered with a sample of wheat to be used in an arbitration, and he was accused of perverting the course of justice. Held: Perverting the course of justice is a common law offence covering a wide variety of situations. The offence was committed when a person does an … Continue reading Regina v Vreones: 1891
Res Gestae to admit circumstances of complaint (Victoria) Evidence had been admitted under the res gestae rule, that a woman making a telephone call was in a hysterical state. Held: It was properly used. Where a statement is made either by the victim of an attack or by a bystander, which is itself hearsay, but … Continue reading Ratten v The Queen: PC 1 Jul 1971
Res Gestae no means of avoiding witness The court should deprecate any attempt to use the res gestae doctrine as a device to avoid calling a witness if he or she were available. The court laid down six tests for the admission of evidence under the res gestae rule.Lord Ackner said: ‘My Lords, may I … Continue reading Regina v Andrews: HL 1987
The defendant saw disparaging statements made about him by neighbours in the course of divorce proceedings. He wrote to them and asked them to withdraw the statements they had made and threatened proceedings for slander. He was charged with attempting to pervert the course of justice. Held: A threat or promise made to a witness … Continue reading Regina v Kellett: CACD 1976
Orse Attorney General’s Reference No 2 of 2001
The AG sought to appeal from the decision that an indictment against the seven defendants should be stayed on the ground that there had been a breach of Article 6(1). They were accused of . .
There was no violation of Article 6 where the statement of a co-habitee was read at the trial without her being called to give evidence but, in Austrian law, a co-habitee cannot be compelled to be a witness and the court said that the right on which . .
Test for police protection need The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2. Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s expectation being falsified either in one … Continue reading Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971
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
One of two witnesses whom the prosecution desired to call at the hearing of an information had not arrived. The available witness was called. The prosecution case closed. The defendant gave evidence and his case closed. The justices had retired to consider their decision when they were informed that the second prosecution witness, whose car … Continue reading Webb v Leadbetter: QBD 1966
The appellant claimed that a prosecution under the 1990 Act could not be made by the Local Authority in its own name, but should rather have been in the name of a nominated official. Held: The 1972 Act gave the authority the power. It had not been intended to make a distinction between a local … Continue reading Monks v East Northamptonshire District Council: QBD 8 Mar 2002
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 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
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 insured had failed to disclose an earlier drink driving conviction on applying for insurance over five years later. The insurers refused cover on an accident. The plaintiff said that the conviction was spent under the 1974 Act. The endorsement remained ‘effective’ on his licence for 11 years should he be convicted again. The court … Continue reading Power v Provincial Insurance: CA 18 Feb 1997
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
The defendants protested the growing of genetically modified crops. The prosecutor appealed dismissal of charges of aggravated trespass for them having entered a crop and attached themselves to tractors. The district judge decided they had genuine fears for the surrounding area, and had not acted unlawfully. Held: Where a defence of lawful justification is put … Continue reading Director of Public Prosecutions v Bayer, Hart, Snook, and Whistance: Admn 4 Nov 2003
The parties came together in a limited partnership to develop property. The appeal was against a refusal to grant summary judgment on a claim that one party had been induced to enter the contract by a fraudulent misrepresentation. Held: In this case, the defendant knew of the unlawful activity, and had no arguable defence, and … Continue reading Criterion Properties Plc v Stratford UK Properties and others: CA 18 Dec 2002
Does paragraph 46(1) of schedule 5 to the Consumer Rights Act 2015 (‘the 2015 Act’) confer power upon a local authority to prosecute consumer offences irrespective of a connection with the area? Alternatively, is that power governed by section 222(1) of the Local Government Act 1972 (‘the 1972 Act’) (a general power to prosecute and … Continue reading City of York Council, Regina (on The Application of) v Auh and Others: CACD 9 Aug 2022
The defendant appealed convictions for indecent assault, saying that convictions on some counts and acquittals on others were so inconsistent as to call the convictions into question, showing acceptance of the complainant’s evidence on some counts and rejection on others. Held: The summing-up as a whole, was succinct, fair, accurate and balanced. The appeal was … Continue reading Regina v Warner: CACD 17 Feb 1997
The appellant had been acquitted of rape, but convicted of indecent assault. Held: ‘It did not follow that because the jury must have disbelieved a witness or rejected his or her evidence with the result that it acquitted on one count, it was necessarily acting irrationally to rely on the evidence of the same witness … Continue reading Regina v Van Der Molen: CACD 20 Feb 1997
The 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
When commencing proceedings under the Act, the papers were defective. The secretary of state had failed to give appropriate notice, and thus prevented him from making representations as to the allegations. The allegations involved the manipulation of cheques to create artificial balances. Held: In this case the Secretary of State’s papers contained irrelevant matters and … Continue reading The Secretary of State for Trade and Industry v Swan and Othes: ChD 22 Jul 2003
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
The defendant appealed against a refusal by the magistrates to allow him to re-open his mode of trial hearing so as to allow him to elect trial at the Crown Court. She was Iranian and non-English speaker, though with a translator. The magistrates had found that she had understood the nature and consequences of the … Continue reading Aryan v Department of Public Prosecutions: Admn 13 Jan 2004
The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within the meaning of article 1(1) of the 1954 Convention relating to the Status of Stateless … Continue reading Pham v Secretary of State for The Home Department: SC 25 Mar 2015
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
The defendant had pleaded guilty to concealing criminal property. He was conditionally discharged but also made subject to a confiscation order. He appealed saying that one could not be made if only a conditional discharge was imposed. Held: The defendant’s appeal succeeded. The court examined the history of the conditional discharge provided by counsel, and … Continue reading Clarke v Regina: CACD 12 Jun 2009
The defendant had been convicted of publishing obscene articles for gain under the Act. He lived in London, and published a web site which was stored or hosted abroad, containing pornographic items. The investigating officer had called up the web-site from within the UK. The defendant appealed saying that he had not acted within the … Continue reading Regina v Perrin: CACD 22 Mar 2002
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 defendant challenged his conviction for obstructing a police officer and threatening behaviour. The officer had taken hold of him to restrain him, not intending to arrest him, but only to establish whether he was a person they were looking for. He then struggled to escape and was arrested. Held: The appeal succeeded. At the … Continue reading Wood v Director of Public Prosecutions: Admn 14 May 2008
The claimant appealed from the refusal by the magistrate to issue summonses for the prosecution for blashemous libel of the Director General of the BBC and the producers of a show entitled ‘Jerry Springer – The Opera.’ Held: The gist of the crime of blasphemous libel is material relating to the Christian religion, or its … Continue reading Green, Regina (on the Application of) v The City of Westminster Magistrates’ Court, Thoday, Thompson: Admn 5 Dec 2007
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
The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal. Held: The practice at preparatory hearings has been the subject of dispute. Lord Nichols said: ‘the … Continue reading H, Regina v (Interlocutory application: Disclosure): HL 28 Feb 2007
The prosecutor appealed against dismissal of a charge of conspiracy to pervert the course of justice. The defendant had completed somebody else’s community service sentence. The prosecutor said that such an act did affect something ‘in the course of justice.’ Held: The appeal succeeded: ‘ I would reject the notion that the facts forming the … Continue reading The Director of Public Prosecutions v SK: Admn 10 Feb 2016
The claimant succeeded in her claims for general damages against the respondent for personal injury, false imprisonment and malicious prosecution, but appealed refusal of the court to award aggravated damages against the chief constable. Held: The Chief Constable was potentially liable for aggravated and or exemplary damages for the tortious acts of his officers. An … Continue reading Rowlands v Chief Constable of Merseyside Police: CA 20 Dec 2006
The appellant had been sentenced to life for firearms offences. After a successfully appeal, a retrial was ordered. More than two years had passed, after a previous attempt failed for absent witnesses. Held: Referred to the US decision in Barker and Wingo (1972) 407 US 514, invoking the sixth amendment – ‘In all criminal prosecutions, … Continue reading Bell v Director of Public Prosecutions of Jamaica: PC 1985
The defendant, who had since died, had been convicted of a public order offence in that standing in a street he had displayed a range of placards opposing homosexuality. He appealed saying that the finding was an unwarranted infringement of his article 9 and article 10 rights, and that the words used were not in … Continue reading Hammond v Director of Public Prosecutions: Admn 13 Jan 2004
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
The claimants had sought entry into theirs and their neighbour’s registered land titles of entries to acknowledge their rights of way. The neighbours appealed the finding of a right of way of necessity and by proprietary estoppel, and an order for rectification. Held: The appeal failed. The restriction on rectifying the register contained in section … Continue reading Sommer and Another v Sweet and Another: CA 10 Mar 2005
The second defendant had received large numbers of stolen books and sold them from his stall. An application for compensation was made at his trial. Compensatory and exemplary damages were sought, but the court had to consider how to estimate the losses and unlawful gains. The defendant argued that since he had been imprisoned, exemplary … Continue reading Borders (UK) Ltd and others v Commissioner of Police of the Metropolis and Another: CA 3 Mar 2005
The appellant had been convicted of having a pointed article with him in a public place. He said that the car he was driving had needed an instrument to operate the lock. At first he had used a knife, but then used scissors, losing the knife in the car. Held: The jury must be required … Continue reading Jolie v Regina: CACD 23 May 2003
A reverse legal burden applied to defendants accused of an offence under section 17 of the Forestry Act 1967 which, in specified circumstances, created an absolute offence of felling a tree without a felling licence. Clarke LJ said: ‘It is thus clear that, while the general principles are those set out in Edwards, each case … Continue reading Grundy and Co Excavations Ltd and Another, Regina (on the Application of) v Halton Division Magistrates Court: Admn 24 Feb 2003
PC (Trinidad and Tobago) The appellants had been convicted of murder and their capital sentences commuted. They now sought to challenge the convictions as to the admission of and directions given on the identification evidence. However the judge’s notes had been lost, and there remained no direct evidence as to the form of any misdirection. … Continue reading Bertrand Roberts and Roland Roberts v The State: PC 15 Jan 2003
The council had power under the Act to seek, in its own name, an injunction to prevent an alleged drug-dealer minor to enter a housing estate, and put an end to public nuisances. The authority was not acting outside its powers if it considered the action expedient for the protection of the inhabitants of its … Continue reading Nottingham City Council v Zain (a Minor): CA 31 Jul 2001
Application for interim injunction to prevent traveller families occupying certain lands. Judges: Patterson DBE J Citations: [2015] EWHC 953 (QB) Links: Bailii Statutes: Town and Country Planning Act 1990 187B, Local Government Act 1972 222, Criminal Justice and Public Order Act 1994 Jurisdiction: England and Wales Local Government, Planning Updated: 30 May 2022; Ref: scu.545603
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness. Held: … Continue reading Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003
The defendant sought judicial review of his court-martial and of the confirming officers. He said the court should have heard that he committed the offence whist intixicated after taking an anti-malarial drug. The court dd not explain why it had found no causal connection beween the treatment and the offence. Held: There is no over-riding … Continue reading Regina v Ministry of Defence ex parte Colin James Murray: QBD 15 Dec 1997
The defendant had hit a mother in the face as she held the child. The force was sufficient to cause her to drop the child causing injury to the child. He appealed against a conviction for beating the child. Held: The appeal failed. A battery could be inflicted even though the force actually used was … Continue reading Haystead v Director of Public Prosecutions: QBD 2 Jun 2000
For possession of an indecent image of a child to be proved, it was necessary to establish some knowledge of its existence. Images stored without the defendant’s knowledge by browser software in a hidden cache, of which he was also unaware, were not such, and a conviction was quashed. The situation was akin to a … Continue reading Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions: Admn 8 Mar 2000
An order was sought to protect from publicity a child whose mother faced trial for the murder of his brother. The child was now in care. Held: The court must balance the need to protect the child with the need for freedom of the press. The issue in the case was not itself about the … Continue reading In re S (A Child) (Identification: Restrictions on Publication): CA 10 Jul 2003
The defendant appealed a conviction of possession of indecent pseudo-photographs of children. He said that he had not seen the image, and that though he had reason to know the images were indecent, he had no reason to know that they were of children. Held: The defence in section 160(2)(b) succeeded if the defendant had … Continue reading Regina v Collier: CACD 11 Jun 2004
Complaint was made against the council for creating a statutory nuisance under the 1990 Act. The tenant sought compensation under the 1973 Act. The council appealed an award of andpound;3,000 compensation. Held: Compensation should be awarded for the period from the date of the notice until the date of the hearing. Where however the proceedings … Continue reading Regina v Liverpool Crown Court, Ex Parte Cooke: QBD 3 Apr 1996
The judge at trial had refused to set aside a subpoena to produce documents which had been served on behalf of the accused in a criminal trial. Held: Caulfield J said: ‘I think the correct principle is this, and I think it must be restricted to these particular facts in a criminal trial, and the … Continue reading Regina v Barron: 1971
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that diesel flowed into the drum until … Continue reading Empress Car Company (Abertillery) Ltd v National Rivers Authority: HL 22 Jan 1998
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
Where magistrates considered an offence for which a driving ban was discretionary, they were entitled at that stage to take account of the driving record, even though they knew they would have to take that same record into account when considering a totting up ban. There was no double jeopardy, since the two systems considered … Continue reading Jones v Director of Public Prosecutions: QBD 20 Oct 2000
The claimant sought damages against the police for assault, wrongful arrest, false imprisonment and malicious prosecution arising from an arrest for a suspected drink-driving offence. He was acquitted of charges of assaulting a police officer in the execution of his duty and failing to give a sample under the Road Traffic Act 1972. The police … Continue reading Dickinson v Yates: CA 27 Nov 1986
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under human rights law, but predated by many years the incorporation of … Continue reading In re McKerr (Northern Ireland): HL 11 Mar 2004
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
The Court was asked: ‘As: (i) a public body with obligations in public law and (ii) a public authority under the Human Rights Act 1998 can the Secretary of State for Health ‘the S/S’ lawfully refuse to refer a patient’s case to the First-tier Mental Health Review Tribunal ‘MHRT’ under section 67(1) of the Mental … Continue reading Modaresi, Regina (on The Application of) v Secretary of State for Health: SC 24 Jul 2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
(Antigua and Barbuda) The appellant had been convicted of murder, with his defence of self-defence rejected by the jury. His defence was self-defence. No defence of provocation was advanced at trial and the trial judge gave no direction to the jury on provocation. It was accepted that there was some evidence of provocation, but this … Continue reading Confessor Valdez Franco v The Queen: PC 14 Aug 2001
The defendant appealed by case stated against his conviction under the 1988 Act of possessing a bladed article in a public place. He had been found in the forecourt of a hostel by the police seeking to re-enter after being excluded. He said that it was not a public place. Held: The appeal succeeded. Sedley … Continue reading Harriot v Director of Public Prosecutions: Admn 4 May 2005
Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004
Domestic Offence requires Domestic Defence Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were accordingly justified in law. Held: The law on … Continue reading Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006
Each of six claimants sought to pursue claims for damages for sexual assaults which would otherwise be time barred under the 1980 Act after six years. They sought to have the House depart from Stubbings and allow a discretion to the court to extend the limitation period. The House was also asked as to whether … Continue reading A v Hoare: HL 30 Jan 2008