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 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 applicant had been sentenced to an indefinite term for public protection, but the determinate part of his sentence had passed with no consideration as to whether his continued detention was required. Held: The post tariff detention was not unlawful and therefore no action for damages lay. The clear failures of the respondent to implement … Continue reading Secretary of State for Justice v James: HL 6 May 2009
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Appeal from conviction – admission of hearsay evidence – JR of refusal to state a case Judges: Peperall J Citations: [2020] EWHC 1783 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 114(1)(d) Jurisdiction: England and Wales Criminal Evidence Updated: 31 December 2022; Ref: scu.652393
The evidence against the defendant was that he was the holder and user of mobile telephone lines used in a kidnapping. The court used evidence of the numbers stored in other mobile phones contacted by him to show that he was part of a conspiracy. It was argued that the Act had not intended to … Continue reading Regina v Singh: CACD 23 Feb 2006
(Grand Chamber) The claimants complained of the use against them of hearsay evidence in their trials. Held: ‘the underlying principle is that the defendant in a criminal trial should have an effective opportunity to challenge the evidence against him. This principle requires not merely that the defendant should know the identity of his accusers so … Continue reading Al-Khawaja v The United Kingdom; Tahery v The United Kingdom: ECHR 15 Dec 2011
Appeals against conviction raising issues as to the admission of a particular form of hearsay evidence at trial under the provisions of section 114(1)(d) of the Criminal Justice Act 2003 Citations: [2009] EWCA Crim 712 Links: Bailii Statutes: Criminal Justice Act 2003 114(1)(d) Jurisdiction: England and Wales Criminal Evidence Updated: 05 October 2022; Ref: scu.341575
The defendant appealed against his conviction for harassment. He was said to have used an imitation firearm to put a person in fear of violence. The prosecution had used texts received to the defendant’s mobile phone as ‘bad character’ evidence. The judge had ruled that they were not statements and therefore not hearsay and were … Continue reading Regina v Chrysostomou: CACD 24 Jun 2010
Each defendant appealed on the basis that they had not had proper opportunity to cross examine prosecution witnesses whose evidence had been accepted by the court. In each case evidence had been hearsay. In two cases, the witness had died before trial, in the third the witness did not attend for fear, and in the … Continue reading Horncastle and Others v Regina: CACD 22 May 2009
Scott Baker LJ said that: ‘We think it is important to point out that, as a matter of generality, section 114 cannot and should not be applied so as to render section 116 nugatory.But section 114(1)(d) should not be so narrowly applied that it has no effect. It follows that there will be cases in … Continue reading O’Hare, Regina v: CACD 7 Sep 2006
The Crown appealed against a ruling that the court would not admit a written statement of a defendant from a related trial implicating the defendant. Held: A Court of Appeal will only interfere with a ruling under the Act if the ruling falls outside the range of reasonable decisions at which the judge could properly … Continue reading Y, Regina v: CACD 25 Jan 2008
The appellant had been seen to hit another car while parking in a Sainsbury’s car park, and to have driven off. She appealed her conviction for driving without due care and attention and of failing to report the accident. The court admitted as evidence a log of the report of the incident to the police. … Continue reading Maher v Director of Public Prosecutions: Admn 12 May 2006
The defendant sought leave to appeal his conviction for causing grievous bodily harm, saying that the judge should not have admitted hearsay evidence and had failed to consider all the elements he should have considered before allowing it. Held: The Act provided for nine separate factors. The judge had said that he had been unable … Continue reading Regina v Taylor: CACD 25 Jan 2006
The defendant appealed against convictions for rape and indecent assault under the 1956 Act. The allegations dated from 1985 to 1989 when the complainant had been between 9 and 13. The prosecution brought in a doctor who said that in 1993 D complained of sexual abuse by Z when she was a young girl. D … Continue reading Regina v Z: CACD 23 Jan 2009
The court considered the application of the 2003 Act to communications made to, or by, the defendant, and in particular text messages sent by mobile telephone. Held: The four appeals against conviction were dismissed. Singh established that the common law rules on hearsay had been abolished by the 2003 Act. The court set out its … Continue reading Regina v Twist and Others: CACD 12 May 2011
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
A witness had been warned to attend court, but had not served with an order and did not attend. The defendant appealed against his conviction saying that her evidence should not have been read to the jury. He had faced allegations of sexual abuse of his wife’s younger sisters. Two gave evidence, but the third … Continue reading Regina v EED: CACD 28 May 2010
The defendant appealed against his conviction for murder. He complained as to the admission of some additional evidence from one of the co-defendants. Held: The appeal failed. Although some of the judge’s analysis was incorrect: ‘We recognise that a court will not readily admit an out of court statement by one defendant as evidence against … Continue reading Sliogeris v Regina: CACD 30 Jan 2015
The defendant had been charged with murder. He served a late defence statement blaming the murder on a man called P who was already serving a sentence of life imprisonment for murder. P refused to respond to police enquiries of him, but in telephone calls he made abundantly clear to members of his family his … Continue reading Regina v Seton: CACD 12 Mar 2010
The appellants challenged their conviction for murder and sentences. The victim was the young second wife of the first defendant. It was said that she had been unfaithful, and having been lured to India, had been murdered there. She had disappeared, but no body had been found. Relatives then came forward to give evidence of … Continue reading Athwal and Others, Regina v: CACD 7 May 2009
The defendant had faced a charge of assault in the Magistrates Court and had pleaded not guilty. She had indicated in the ‘trial issues’ form through her lawyer that her defence was self defence. The prosecutor then indicated that the charge was to be upgraded to Actual Bodily Harm. At committal the defendant wanted to … Continue reading Firth v Epping Magistrates Court: Admn 3 Feb 2011
The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013
Ghana appealed from refusal of extradition of the respondent to face a charge of murder. The only sentence for murder in Ghana was death, but the government had undertaken not to impose that sentence. The district judge accepted the undertaking, but felt that the imposition of such a sentence even with the undertaking would infringe … Continue reading The Government of Ghana v Gambrah and Another: Admn 16 May 2014
The claimant sought to challenge search warrants issued by the respondents. The warrants were criticised as being too widely drawn, and in breach of the 1984 Act. Criticism was also made of the implementation of the searches, in the use of excess numbers of officers, and the taking of images of hard disks, thus acquiring … Continue reading Da Costa and Co (a Firm) and Collins v Thames Magistrates Court and H M Commissioners of Customs and Excise: QBD 25 Jan 2002
The defendants appealed against their convictions for the murder and manslaughter of an elderly man. Three had been present at the scene, and they blamed each other. Bad character evidence against Johnson had not been admitted at first, but had later been accepted. Held: The evidence remained admissible. Judges: Maurice Kay LJ, Royce J, Nicol … Continue reading Slack and Johnson, Regina v: CACD 28 May 2010
The defendant appealed against his conviction for sexual assault on his daughter. Whilst he was in custody, the police approached his wife and took a statement from her which was used in evidence. The defendant complained that since they had not warned her that she was not compellable as a witness, the statement should not … Continue reading RL v Regina (Evidence of wife): CACD 7 May 2008
The court considered an appeal against sentence where the judge, in activating a suspended sentence had not allowed for time spent in custody on remand. Maddison J said: ‘The Registrar referred this case to the full court so that it could consider the lawfulness of the judge’s approach. This case illustrates the sorts of problems … Continue reading Regina v Mari: CACD 2010
A serving prisoner was stabbed to death in his cell. The appellant admitted that he had punched the victim twice but maintained that another man had stabbed him, which explained the incriminating presence of the victim’s blood in the vicinity of the appellant’s cell and on his hand. As the victim lay dying, he uttered, … Continue reading Musone v Regina: CACD 23 May 2007
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002
The appellants had challenged the lawfulness of being stopped and searched by police. The officers relied on an authorisation made under the 2000 Act. They had been on their way to attending an arms fair, intending to demonstrate. Held: The Act was to be interpreted without deference to the respondent, and because of the powers … Continue reading Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 29 Jul 2004
An allegation of contempt was made in proceedings related to the publication by a newspaper of extracts from a report by a social worker and a report by the Official Solicitor, both prepared after the commencement and for the purpose of the wardship proceedings. Held: What was published was ‘information relating to [the] proceedings’ within … Continue reading In re F (otherwise A ) (A Minor) (Publication of Information): CA 1977
The court was asked as to as to the powers of the court in relation to the minimum term that can be imposed when sentences of Imprisonment for Public Protection (IPP) are passed under the provisions of the Criminal Justice Act 2003 (CJA 2003). The issues that have in the result arisen for decision arise … Continue reading Regina v Delucca: CACD 31 Mar 2010
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely serious failure to adhere to the rule of law with regard to the … Continue reading Mullen, Regina (on the Application of) v Secretary of State for the Home Department: HL 29 Apr 2004
The Gun Court Act 1974 of Jamaica established special courts at different levels to deal with varieties of crimes involving guns. There was provision for hearings to be held in camera. Certain offences carried mandatory life sentences reviewable only by a panel appointed by the Governor-General. The appellants each appealed convictions by the courts complaining … Continue reading Hinds and other v The Queen; Director of Public Prosecutions v Jackson, attorney General of Jamaica (Intervenor): PC 1 Dec 1975
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities. Held: The High Court may look at how an accused person was brought within the jurisdiction when examining a question about that person’s detention. It is axiomatic ‘that … Continue reading Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1): HL 24 Jun 1993
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified. Held: A judge must adopt the same ‘parallel analysis’ leading to the same ‘ultimate balancing test’, as described … Continue reading Norfolk County Council v Webster and others: FD 1 Nov 2006
Parole Board Must Consider All Material Before It The court was asked whether it was lawful for the Parole Board, when deciding whether to release a prisoner on licence, to take into account material provided by the Secretary of State containing factual allegations about the prisoner’s pre-trial conduct, which formed part of the original prosecution … Continue reading McGetrick, Regina (on The Application of) v The Parole Board and Another: Admn 4 Apr 2012
Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005
witness declining to answer questions – judge allowing request for him to be treated as hostile. . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
