Search Results for: Criminal Justice Act 1988 3

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Reference 99 of 2005 By the Attorney General, Re S.36 Criminal Justice Act 1988: CACD 15 Feb 2006

Application under section 36 of the Criminal Justice Act 1988 by Her Majesty’s Attorney General for leave to refer a sentence to this court because it appears to him to be unduly lenient. Conviction for grievous bodily harm and sentence of five years and five months, Citations: [2006] EWCA Crim 228 Links: Bailii Jurisdiction: England … Continue reading Reference 99 of 2005 By the Attorney General, Re S.36 Criminal Justice Act 1988: CACD 15 Feb 2006

Attorney General’s Reference No 26 of 1999 Under Section 36 of Criminal Justice Act 1988; Regina v Gastinger: CACD 29 Jul 1999

The AG sought to refer to the court as unduly lenient a sentence of 100 hours community service for causing death by dangerous driving. The had been seen driving erratically along the M6, when he veered onto the hard shoulder colliding with an unlit vehicle, killing the driver. Held: Falling asleep at the wheel usually … Continue reading Attorney General’s Reference No 26 of 1999 Under Section 36 of Criminal Justice Act 1988; Regina v Gastinger: CACD 29 Jul 1999

Attoney-General’s Reference No 4 of 2003 Under S. 36 of the Criminal Justice Act 1988; Suchedina: CACD 21 Jul 2004

Conspiracy to convert or transfer the proceeds of drug trafficking or of criminal conduct – confiscation order available. The statutory distinction existed between the proceeds of drug trafficking and of crime generally had now been removed, but the conduct here pre-dated the new Act. The offence of conspiracy took place at the time of the … Continue reading Attoney-General’s Reference No 4 of 2003 Under S. 36 of the Criminal Justice Act 1988; Suchedina: CACD 21 Jul 2004

Attorney General’s Reference No 36 of 1996 Under Section 36 of Criminal Justice Act 1988: Regina v Johnson: CACD 15 Oct 1996

The minimum approriate sentence for an offence of s18 wounding was 4 years. Judges: Lord Bingham Citations: [1996] EWCA Crim 1070, [1997] 1 Cr App R (S) 363 Links: Bailii Statutes: Offences Against the Persons Act 1861 18 Jurisdiction: England and Wales Cited by: Cited – Attorney-General’s Reference No 88 of 2000 CACD 2001 The … Continue reading Attorney General’s Reference No 36 of 1996 Under Section 36 of Criminal Justice Act 1988: Regina v Johnson: CACD 15 Oct 1996

In re Inland Revenue Commissioners v Placentini (Defendant) Dayman (receiver), In re Criminal Justice Act 1988, and Taxes Management Act 1970: QBD 4 Feb 2003

The receiver had been appointed under the 1968 Act, to manage the affairs of the defendant on his prosecution for tax fraud. She now sought a declaration as to her personal liability for tax which fell due. She had paid over some andpound;2 million to the court which she had realised. Held: A receiver was … Continue reading In re Inland Revenue Commissioners v Placentini (Defendant) Dayman (receiver), In re Criminal Justice Act 1988, and Taxes Management Act 1970: QBD 4 Feb 2003

Attorney Generals Reference Under Section 36 of The Criminal Justice Act 1988, Kelly and Others v Regina: CACD 30 Jun 2016

Appeal against sentences for conspiracy to rob as too lenient. Held: The starting point for sentencing these offenders, taken from the guidelines applicable at the date of sentencing, in respect of their participation in this conspiracy to rob should be in the range of 6 to 11 years imprisonment, depending on the nature and extent … Continue reading Attorney Generals Reference Under Section 36 of The Criminal Justice Act 1988, Kelly and Others v Regina: CACD 30 Jun 2016

Lawal v Northern Spirit Limited: HL 19 Jun 2003

Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal. Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. … Continue reading Lawal v Northern Spirit Limited: HL 19 Jun 2003

Crown Prosecution Service v Greenacre: Admn 3 Apr 2007

Following his conviction for false accounting, a confiscation order was made against the defendant. After agreeing various adjournments the prosecutor said that the magistrates court had no power to allow such an adjournment under section 75(2) of the 1980 Act, because section 75(2)(a) of the 1988 Act did not allow magistrates to remit any part … Continue reading Crown Prosecution Service v Greenacre: Admn 3 Apr 2007

C v S and Others (Money Laundering: Discovery of Documents): CA 3 Oct 1998

The money laundering regulations create a conflict between private rights and criminal provisions, particularly the restriction on information which might prejudice an investigation may be under way. Conflicts were resolved by guidance from NCIS. The court set out a procedure to be followed where compliance with an order for disclosure of information in civil proceedings … Continue reading C v S and Others (Money Laundering: Discovery of Documents): CA 3 Oct 1998

Good Challenger Navegante S A v Metalexportimport SA: CA 24 Nov 2003

The claimant sought to enforce an arbitration award made in 1983. Time might otherwise have expired, but the claimants relied on a fax which they said was an acknowledgement of the debt, and also upon a finding in a Romanian court which created an issue estoppel. Held: A typed signature on a fax was capable … Continue reading Good Challenger Navegante S A v Metalexportimport SA: CA 24 Nov 2003

Hanning and Others v Top Deck Travel Group Ltd: CA 9 Jun 1993

The owner of a common appealed a finding that the neighbouring land owner had acquired by prescription a right of way across the common to use a track for commercial vehicles (buses) to get to the property (the bus depot). Held: An easement cannot become a right where the use of the route is illegal … Continue reading Hanning and Others v Top Deck Travel Group Ltd: CA 9 Jun 1993

Regina v Telford Justices, ex parte Badhan: CACD 1991

The defendant was accused of a sexual offence alleged to have been committed some 15 years earlier. He asked the magistrates to dismiss the charge as an abuse of process, and now appealed their refusal. Held: The onus was on the accused to show, to a civil standard that a fair trial could not now … Continue reading Regina v Telford Justices, ex parte Badhan: CACD 1991

Regina v Mattey, Regina v Queeley: CACD 13 Oct 1994

The admission of written evidence for the defendant under the section was to be decided on the civil standard of the balance of probabilities. Citations: Ind Summary 24-Oct-1994, Times 13-Oct-1994, Gazette 09-Nov-1994 Statutes: Criminal Justice Act 1988 23 Jurisdiction: England and Wales Criminal Evidence Updated: 25 October 2022; Ref: scu.87296

Regina v Allen (Brian Roger): CACD 13 Oct 1999

The legislation encompassed the failure to pay tax as a benefit accrued through criminal activity, and therefore a court could order forfeiture of the proceeds of the crime, even though the wrong-doer might remain liable for the unpaid taxes in civil law. The possibility of such double liability was not relevant to the criminal proceedings. … Continue reading Regina v Allen (Brian Roger): CACD 13 Oct 1999

Regina v Evesham Justices, ex parte McDonnagh: QBD 1988

The court considered the existence of a power in the magistrates court to order a hearing to be held in camera and referred to section 11 of the 1981 Act. Watkins LJ said: ‘However, I am bound to say that I am impressed with the argument that the action taken by the justices in the … Continue reading Regina v Evesham Justices, ex parte McDonnagh: QBD 1988

Regina v Secretary of State for Home Department, ex parte Bateman – Regina v Same ex parte Howse: QBD 5 May 1993

Compensation for a wrongful imprisonment should include circumstances of miscarriage of justice as well as pardons. A magistrate is not a public authority. The threshold of exceptionality is high: ‘It was essentially a question for the Secretary of State as to what he regarded as an exceptional case. It is difficult to imagine circumstances in … Continue reading Regina v Secretary of State for Home Department, ex parte Bateman – Regina v Same ex parte Howse: QBD 5 May 1993

Director of Public Prosecutions v Hopkins: Admn 18 Jan 2013

Prosecutor’s appeal by way of case stated against the decision of Bristol Justices to acquit the respondent of a charge of assault, contrary to section 29 of the Criminal Justice Act 1988. Judges: Mr Justice Mitting Citations: [2013] EWHC 193 (Admin) Links: Bailii Jurisdiction: England and Wales Crime Updated: 19 October 2022; Ref: scu.471018

Glatt v Sinclair: CA 23 Nov 2011

Appeal against the order of Kenneth Parker J made on 4 November 2010 whereby he dismissed the appellant’s application for permission to continue an action for breach of duty against the respondent, a receiver appointed by the court pursuant to the Criminal Justice Act 1988. Judges: Ward, Lloyd, Kitchin LJJ Citations: [2011] EWCA Civ 1317 … Continue reading Glatt v Sinclair: CA 23 Nov 2011

The Secretary of State for Trade and Industry v Swan and Othes: ChD 22 Jul 2003

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

Regina v Ali: CACD 14 Nov 2003

The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements. Held: The evidence of the mother had been admitted in a manner agreed between the defence and prosecutor, and the defence had not gone outside the agreement. … Continue reading Regina v Ali: CACD 14 Nov 2003

Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not answer hypothetical questions. The objection lay to reactions to anticipated torture and mistreatment by third party … Continue reading Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011

Regina v Walsall Justices, ex parte W (a minor): QBD 1990

A youth was charged with causing grievous bodily harm. His trial was fixed for 11 October 1988. On the date of trial, the prosecution applied for an adjournment on the grounds that, if the trial proceeded immediately and the magistrates decided that the victim did not have sufficient understanding to take the oath by reason … Continue reading Regina v Walsall Justices, ex parte W (a minor): QBD 1990

Regina on the Application of Uttley v Secretary of State for the Home Department: CA 30 Jul 2003

Licence conditions imposed at the time of sentence would restrict the defendant after he had served his sentence and been released, and so operated as a heavier penalty, and section 33(1) was incompatible with the defendant’s Art 7.1 rights. Held: Before the 1991 Act, a prisoner was entitled to release after serving the necessary part … Continue reading Regina on the Application of Uttley v Secretary of State for the Home Department: CA 30 Jul 2003

Regina v M (Witness Statement): CACD 20 Feb 2003

The defendant appealed his conviction for murder. The principal witness’ statement had been allowed to be read to the jury after the witness had claimed to be afraid of giving evidence. Held: There was no general principle which would operate against admitting evidence in this way. Luca did not establish a rule to which there … Continue reading Regina v M (Witness Statement): CACD 20 Feb 2003

Royal Borough of Windsor and Maidenhead, Regina (on The Application of) v The East Berkshire Justices: Admn 21 Oct 2010

The court was asked whether a grapefruit knife was a knife within section 141A. The magistrates were not satisfied beyond reasonable doubt that the article was a knife because it had a curved blade designed specifically for a single use and because it was distinct or different from a usual straight bladed instrument that in … Continue reading Royal Borough of Windsor and Maidenhead, Regina (on The Application of) v The East Berkshire Justices: Admn 21 Oct 2010

Regina v Davies (Derrick): CACD 6 Nov 2003

The defendant was convicted of having in his possession goods bearing a a sign identical to or likely to be mistaken for a registered trademark. A confiscation order was made, which he now appealed. Held: Under section 71, a person benefitted from the offence if he obtained property as a result of or inconnection with … Continue reading Regina v Davies (Derrick): CACD 6 Nov 2003

Regina v Montilla, Newbury etc: CACD 3 Nov 2003

The Crown appealed a decision that a conviction under subsection 2 required proof that the money the disposal of which the defendant was accused to have assisted was in fact the proceeds of drug trafficking. Held: Subsections 1 and 2 were clearly differently worded. Under section 1 it was necessary to prove that the goods … Continue reading Regina v Montilla, Newbury etc: CACD 3 Nov 2003

Adams, Regina (on The Application of) v Secretary of State for Justice: Admn 4 Feb 2009

Claim for Judicial Review of a decision of the Secretary of State for Justice that the Claimant was not entitled to compensation for a miscarriage of justice, under s.133(1) of the Criminal Justice Act 1988. Citations: [2009] EWHC 156 (Admin) Links: Bailii Jurisdiction: England and Wales Administrative Updated: 21 August 2022; Ref: scu.420985

Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

Siddall, Regina (on the Application of) v Secretary of State for Justice: Admn 16 Mar 2009

The claimant had been imprisoned then released after his conviction for sexual assaults. He appealed against rejection of his claim for compensation. The criterion for compensation was demonstrating that something had ‘gone seriously wrong in the conduct of the trial.’ Held: The claim failed. ‘a true analysis of the law is in any event less … Continue reading Siddall, Regina (on the Application of) v Secretary of State for Justice: Admn 16 Mar 2009

Sinclair In her Capacity As the Former Receiver v Glatt Executors of Estate of Glatt and Glatt and Glatt: CA 13 Mar 2009

The court considered the recovery of expenses by a receiver appointed to administer assets of money launderer. The receiver sought to exercise a lien over assets held for the prisoner by the prison to recover the costs of the receivership after the defendant’s conviction for money laundering. The defendant’s wife intervened, seeking to assert her … Continue reading Sinclair In her Capacity As the Former Receiver v Glatt Executors of Estate of Glatt and Glatt and Glatt: CA 13 Mar 2009

Clibery, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Jul 2007

The claimant sought judicial review of a decision of the Home Secretary, to refuse his application for compensation. He had first been convicted and imprisoned and then had his conviction quashed. The respondent did not think that the conviction was quashed for some new fact discovered demonstrating innocence. The claimant victim had been shown later … Continue reading Clibery, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Jul 2007

Practice Direction (Jury Service: Excusal): SC 22 Mar 2005

In view of the new categories of people may be called to jury service, the court gave amended guidelines on principles allowing excusal. The new categories might have greater responsibilities by way of public service commitments. Applications for excusal must be dealt with with common sense. Directions were also given for situations arising where jurors … Continue reading Practice Direction (Jury Service: Excusal): SC 22 Mar 2005

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

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

McKenna v Her Majesty’s Advocate: ScHC 30 Dec 1999

The appellant was charged with murder. A witness had since died, and he objected to the introduction of his written statement, on the basis that this would infringe his right to a fair trial. The evidence was likely to be decisive. Held: The fairness of the trial had to be considered as a whole. There … Continue reading McKenna v Her Majesty’s Advocate: ScHC 30 Dec 1999

Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006

The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no forewarning, the defence requested the prosecution to prove service of the certificate of analysis. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006

Regina v Central Criminal Court ex parte Francis and Francis: HL 1989

The police had obtained an ex parte order for the production of files from a firm of solicitors relating to financial transactions of one of their clients. The police believed that the client had been provided with money to purchase property by an alleged drug trafficker. The solicitors relied on the exemption in section 27(4)(ii) … Continue reading Regina v Central Criminal Court ex parte Francis and Francis: HL 1989

Attorney General’s Reference Nos 5-8 of 2003 (Davies, Rowan, Abbey, Hassan): CACD 14 Nov 2003

The Attorney-General referred sentences for conspiracy to supply drugs. The offenders were part of a highly professional organisation, in close contact with each other and others in this country and abroad over a period of months, which culminated in the importation of Class A and B drugs worth in the region of andpound;5 million, intended … Continue reading Attorney General’s Reference Nos 5-8 of 2003 (Davies, Rowan, Abbey, Hassan): CACD 14 Nov 2003

Regina v Cheong Wang: CACD 10 Dec 2003

Judges: Lord Justice Laws, Mr Justice Curtis and The Recorder Of Cardiff Citations: [2003] EWCA Crim 3228 Links: Bailii Statutes: Criminal Justice Act 1988 198(1) Jurisdiction: England and Wales Citing: Appealed to – Wang, Regina v HL 10-Feb-2005 The appellant was waiting for a train when his bag was stolen. After a search, the thief … Continue reading Regina v Cheong Wang: CACD 10 Dec 2003

Regina v Sakavickas and Another: CACD 3 Nov 2004

The defendants appealed a conviction for conspiracy to assist another to retain the benefit of criminal conduct. One set of defendants illegally imported cigarettes, and S was accused of operating a bank account to assist in the moving of the proceeds. He said he was not aware of the criminal source of the funds. Held: … Continue reading Regina v Sakavickas and Another: CACD 3 Nov 2004

Andukwa, Regina (on The Application of) v Secretary of State for Justice: Admn 28 Nov 2014

The principal, although not only, issue raised in these judicial review proceedings is by reference to the application of s.133 of the 1988 Act to the circumstances of this case: in particular, and putting it in a short-hand way, whether the late appreciation that the applicant all along had a potentially complete defence to the … Continue reading Andukwa, Regina (on The Application of) v Secretary of State for Justice: Admn 28 Nov 2014

Attorney General’s Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean: CACD 16 Jul 2004

The court considered appeals by the Attorney-General against sentences considered to be too lenient, and in particular where a community penalty had been imposed rather than a sentence of immediate imprisonment. Held: The Court emphasised the need for the strict care to be taken in selecting such cases, for appeal. The court should not interfere … Continue reading Attorney General’s Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean: CACD 16 Jul 2004

In the Matter of Christopher Adams, In the Matter of the Criminal Justice Act 1988: Admn 26 Nov 2004

The defendant appealed a refusal of a certificate of inadequacy to an amount due under a confiscation order, saying that the court had wrongly allowed for the value of a consultancy agreement under which he was entitled to receive an annual fee for his services. Held: The value of the contract was not realisable property … Continue reading In the Matter of Christopher Adams, In the Matter of the Criminal Justice Act 1988: Admn 26 Nov 2004

Francis v Director of Public Prosecutions: QBD 23 Mar 2004

The defendant appealed against his conviction for having failed to identify the driver of a car caught speeding by a camera. He was the registered keeper. He completed and returned the form, but did not sign it. The statute imposed no explicit obligation to sign it. He also said that since he was already suspected … Continue reading Francis v Director of Public Prosecutions: QBD 23 Mar 2004

Laws and others v The Society of Lloyd’s: CA 19 Dec 2003

The applicants sought to amend earlier pleadings to add a claim that their human rights had been infringed by the 1982 Act, which gave the respondents certain immunities. Held: The Human Rights Act 1998 was not retrospective. At the time when it should have been made, the amendment would have been doomed to failure by … Continue reading Laws and others v The Society of Lloyd’s: CA 19 Dec 2003

Regina v Gulbir Rana Singh: CACD 18 Dec 2003

The defendant appealed conviction on three counts of conspiracy to launder money. The prosecution said that he and his co-accused engaged in money laundering between June 1999 and March 2000. Each count alleged that he and his co-conspirators engaged in transactions which were prohibited by section 49(2)(b) of the Drug Trafficking Act 1994 and section … Continue reading Regina v Gulbir Rana Singh: CACD 18 Dec 2003

Vehicle and Operator Services Agency v George Jenkins Transport Ltd: Admn 20 Nov 2003

The prosecutor Agency appealed by way of case stated against a decision refusing to allow them to admit documentary evidence. Held: The appeal was dismissed, but the court took the opportunity to say that a case stated did not need as in this case to set out the full details of some 200 informations which … Continue reading Vehicle and Operator Services Agency v George Jenkins Transport Ltd: Admn 20 Nov 2003

Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

The claimant sought damages for false imprisonment and assault after her wrongful arrest. She had waived her handbag at an officer investigating a disturbance and been arrested. The police said the arrest was lawful, she being suspected of common assault. Held: The judge was entitled to take the view that, taking the evidence at its … Continue reading Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

Cooksley, Stride, Cook, Crump v Regina; Attorney General’s Reference No 152 of 2002: CACD 3 Apr 2003

JUDGMENT SUMMARY (Not part of the judgment of the Court) The judgment which is being handed down today relates to an Attorney General’s Reference and three appeals against sentence. The cases have been listed together to enable the Court to decide whether to give sentencing guidelines for the offences of causing death by dangerous driving … Continue reading Cooksley, Stride, Cook, Crump v Regina; Attorney General’s Reference No 152 of 2002: CACD 3 Apr 2003

Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

The appellant sought to resist the registration here of a confiscation order made in the US. She argued it would be contrary to the interests of justice to register it, that the US procedure would be unlawful here under the Convention, the appeal having been held in her absence. Held: It could not be said … Continue reading Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

Regina v Smith (David Cadnam): HL 13 Dec 2001

Smith had bought a motor vessel, The Vertine, with andpound;55,000 provided by his co-defendant, John Marriott. In the words of the judge when imposing sentence, the respondent allowed himself to be used as Marriott’s ship owner and captain. The boat was used in April 1998 on a run to Heligoland to buy cigarettes and to … Continue reading Regina v Smith (David Cadnam): HL 13 Dec 2001

S Buxoo and Another v The Queen (Mauritius): PC 19 May 1988

(Mauritius) Mauritius had passed an Act extending rights of Appeal. The Board considered and confirmed that it does not sit as a court of criminal appeal. In order to interfere, there must be something so irregular or so outrageous as to shake the very basis of justice. The Badry case guidelines will continue to be … Continue reading S Buxoo and Another v The Queen (Mauritius): PC 19 May 1988

Regina v Setz-Dempsey and Another: CACD 24 Jun 1993

Mental illness is included in the meaning ‘Unfit to attend as a witness’. The admission of statements under s25 quite different from s26 Criminal Justice Act 1988. Citations: Times 20-Jul-1993, Independent 24-Jun-1993 Statutes: Criminal Justice Act 1988 23(2) 25 26 Jurisdiction: England and Wales Criminal Evidence, Criminal Practice Updated: 25 May 2022; Ref: scu.88003

Regina v Liverpool Crown Court ex parte Robert Moss: Admn 13 Nov 1996

The defendant appealed his conviction saying the prosecution had failed to disclose an additional earlier and contradictory statement of a central prosecution witness. Held: The statement was of a witness whose evidence had been relied upon by the court and was startlingly different. The applicant having served his sentnce it would be wrong to order … Continue reading Regina v Liverpool Crown Court ex parte Robert Moss: Admn 13 Nov 1996

Regina v Foggon: CACD 14 Feb 2003

The defendant appealed against a confiscation order, after conviction for cheating the public revenue. Funds had been diverted from his company to avoid payment of taxes. Held: Tax which was avoided would fall under the section and be a pecuniary advantage ‘obtained by an offender’ within the section only if he benefitted himself. This could … Continue reading Regina v Foggon: CACD 14 Feb 2003

Attorney General’s Reference No 88 of 2002 (Hahn and Webster): CACD 7 Nov 2003

The Attorney General referred the sentences as too lenient for armed robbery, and aggravated vehicle taking. The defendants worked as a team, and used an imitation firearm, and threatened a victim with it. Held: The possession of firearms should be regarded as an aggravating feature in relation to other offences. When passing sentence, it is … Continue reading Attorney General’s Reference No 88 of 2002 (Hahn and Webster): CACD 7 Nov 2003

Director of Public Prosecutions v Gregson: QBD 23 Sep 1992

A knife fell from the defendant’s jeans during the course of a police search. He claimed to have forgotten about it. Held: It is important to concentrate on the time in respect of which the defendant is charged. Six days earlier he had the knife on him for a good reason, because the justices found … Continue reading Director of Public Prosecutions v Gregson: QBD 23 Sep 1992

Regina v Wood and Maguire: CACD 30 Apr 1998

Citations: [1998] EWCA Crim 1439, [1998] Crim LR 213 Statutes: Criminal Justice Act 1988 23 Jurisdiction: England and Wales Citing: Cited – Attorney General’s Reference No 31 of 1995, Regina v Henry CACD 17-Oct-1996 . . Cited by: Cited – Regina v Elliott; Regina v Pearce; Regina v McGee CACD 13-May-2003 In each case a … Continue reading Regina v Wood and Maguire: CACD 30 Apr 1998

Morgentaler v Regina: 28 Jan 1988

Supreme Court of Canada – Constitutional law — Charter of Rights — Life, liberty and security of the person — Fundamental justice — Abortion — Criminal Code prohibiting abortion except where life or health of woman endangered — Whether or not abortion provisions infringe right to life, liberty and security of the person — If … Continue reading Morgentaler v Regina: 28 Jan 1988

McFetrich, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Jun 2003

The defendant had been convicted of murder in Scotland. He requested a transfer to an English prison. The trial judge recommended a tariff of eight years which was eventually set at 12 years by the respondent. That figure also exceeded the maximum recommended by the English judges who had reviewed the sentence. He complained that … Continue reading McFetrich, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Jun 2003

Ridehalgh, Regina (on the Application of) v Director of Public Prosecutions: Admn 23 May 2005

The appellant a police officer had arrived at work having been drinking. A senior officer asked if he had driven to work. He replied yes, and on that basis had been convicted of driving with excess alcohol. He appealed saying that the question should have been put to him under caution. The magistrates said: ‘we … Continue reading Ridehalgh, Regina (on the Application of) v Director of Public Prosecutions: Admn 23 May 2005

TRA, Regina v (Redacted Judgment): SC 13 Nov 2019

The Court considered the following question: ‘What is the correct interpretation of the term ‘person acting in an official capacity’ in section 134(1) of the Criminal Justice Act 1988; in particular does it include someone who acts otherwise than in a private and individual capacity for or on behalf of an organisation or body which … Continue reading TRA, Regina v (Redacted Judgment): SC 13 Nov 2019

Regina v Acton Justices ex parte McMullen and others: CACD 1991

Evidence in support of an application for a witness’ statement which was to be read out, should be supported by oral evidence, though that may properly be given by a police officer. Citations: (1991) 92 Cr App R 98 Statutes: Criminal Justice Act 1988 23(3) Jurisdiction: England and Wales Cited by: Cited – Lobban, Regina … Continue reading Regina v Acton Justices ex parte McMullen and others: CACD 1991

Regina v Elliott; Regina v Pearce; Regina v McGee: CACD 13 May 2003

In each case a witness had been unable to attend court being ill. The defendants claimed the right to cross examine the doctors as to the witness’ condition. Held: The defendant should be allowed to challenge a certificate that a material witness was unable to attend court. His absence would deprive him of the opportunity … Continue reading Regina v Elliott; Regina v Pearce; Regina v McGee: CACD 13 May 2003

Murray v United States: 27 Jun 1988

USSC While surveilling petitioner Murray and others suspected of illegal drug activities, federal agents observed both petitioners driving vehicles into, and later out of, a warehouse, and, upon petitioners’ exit, saw that the warehouse contained a tractor-trailer rig bearing a long container.Petitioners later turned over their vehicles to other drivers, who were in turn followed … Continue reading Murray v United States: 27 Jun 1988