The defendant was charged with driving with excess alcohol and being in charge of a vehicle with excess alcohol. It was clear that on the facts the former charge included the latter. The magistrates found the facts proved but convicted only on the driving charge and acquitted on the lesser charge. The prosecutor appealed by … Continue reading Director of Public Prosecutors v Gane: Admn 1991
A telephone threat is not an offence of violence despite the real apprehension of the victim. Citations: Times 14-Apr-1995 Statutes: Criminal Justice Act 1991 31(1) Jurisdiction: England and Wales Crime Updated: 27 October 2022; Ref: scu.87630
A burglary with intent to rape was not itself a sexual offence for sentence purposes. Citations: Times 11-Aug-1994 Statutes: Criminal Justice Act 1991 31(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 25 October 2022; Ref: scu.87023
Issuing a threat to kill may be treated as a violent offence if injury was intended. Citations: Ind Summary 19-Jun-1995 Statutes: Criminal Justice Act 1991 31(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87592
A threat of violence without a direct and immediate possibility of violence is not itself an offence of violence. Citations: Ind Summary 08-May-1995 Statutes: Criminal Justice Act 1991 31(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87624
The appellant sought judicial review of the magistrates’ decision to convict him of the two offences of causing racially aggravated fear or provocation of violence, contrary to section 31(1)(a) of the 1998 Act, and of causing fear or provocation of violence, contrary to section 4 of the 1986 Act. He said that to convict him … Continue reading Dyer, Regina (on The Application of) v Watford Magistrates Court: Admn 16 Jan 2012
