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Search Results for: Misuse of Drugs Act 1971
Saffa, Regina v: CACD 16 Apr 2021
Appeal from a sentence of 12 months’ imprisonment on a plead of guilty to one offence of producing a controlled drug of Class B (cannabis) contrary to s.4(2)(a) of the Misuse of Drugs Act 1971.
Held: Allowed – 6 months substituted. . .
Cronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another: Admn 20 Nov 2002
The applicant had had his premises searched. He sought to challenge the basis on which search warrant had been granted. He argued that under the Convention, it was necessary for the magistrates to provide a written record of the reasons for granting the warrant. Held: Where the information laid was itself sufficient to account for … Continue reading Cronin, Regina (on The Application of) v Chief Constable of South Yorkshire Police and Another: Admn 20 Nov 2002
Thomas v Regina: CACD 25 Mar 2020
Appeal from conviction of possession of an imitation firearm with intent to cause fear of violence, contrary to section 16A of the Firearms Act 1969 and two offences of possession of a controlled drug of Class A, cocaine and diamorphine, with intent to supply, contrary to section 5(3) of the Misuse of Drugs Act 1971. … Continue reading Thomas v Regina: CACD 25 Mar 2020
Fisher and Another v Chief Constable of Cumbria Constabulary: CA 29 Jul 1997
The Chief Constable appealed against an award of pounds 750 made after a police officer serving a search warrant forgetfully failed to leave a copy with the occupier. Judges: Woolf LJ, Roch LJ, Cotton LJ Citations: [1997] EWCA Civ 2232 Links: Bailii Statutes: Misuse of Drugs Act 1971 23(3) Jurisdiction: England and Wales Cited by: … Continue reading Fisher and Another v Chief Constable of Cumbria Constabulary: CA 29 Jul 1997
Young v Procurator Fiscal, Selkirk: HCJ 3 Aug 2012
Judges: Lord Carloway, Lord Bracadale, Sheriff Principal Lockhart Citations: [2012] ScotHC HCJAC – 104 Links: Bailii Statutes: Misuse of Drugs Act 1971 23, Criminal Justice and Licensing (Scotland) Act 2010 Scotland, Crime Updated: 04 November 2022; Ref: scu.463741
Regina v Coughlan: CACD 31 Oct 1994
A Judge may distinguish drugs within classes, but may not treat a drug as if in a different class than it actually is. Citations: Ind Summary 21-Nov-1994, Times 31-Oct-1994 Statutes: Misuse of Drugs Act 1971 Jurisdiction: England and Wales Criminal Sentencing Updated: 25 October 2022; Ref: scu.86446
Regina v Bett: CACD 12 Oct 1998
A conviction under section 8(b) for permitting premises to be used for the supply of controlled drugs was correct without evidence of knowledge of the particular drug supplied even though particular drugs were named in the indictments. The section made no distinction. The sentence was however reduced. Judges: Mantell LJ, Gray J, David Clarke QC … Continue reading Regina v Bett: CACD 12 Oct 1998
Regina v Leeson: CACD 2 Nov 1999
On a charge of possession of a class A controlled drug with intent to supply, it was necessary for the prosecution to show the possession of a controlled drug, but not necessarily to prove which drug within the class was possessed. The prosecution must show an intention to supply the substance found even if the … Continue reading Regina v Leeson: CACD 2 Nov 1999
Addow, Regina v: CACD 12 Apr 2018
Renewed application for leave to appeal sentence – offering to supply a controlled drug of Class A to another, contrary to section 4(3)(a) of the Misuse of Drugs Act 1971 and a further offence of supplying a controlled drug of Class A to another under the same provision. Citations: [2018] EWCA Crim 903 Links: Bailii … Continue reading Addow, Regina v: CACD 12 Apr 2018
Regina v Hurley: CACD 3 Oct 1997
Court gives guideline sentencing for import of substantial quantities of LSD (10 years or more); how to measure. Citations: Times 03-Oct-1997 Statutes: Misuse of Drugs Act 1971 4(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 11 October 2022; Ref: scu.86913
Regina v Ball, Bateman: CACD 23 Oct 1997
The deliberate selection by drugs pushers, of those who were seeking to get clear of drugs, was enough of an aggravating feature in itself to justify an exemplary deterrent sentence. Citations: Times 01-Dec-1997, [1997] EWCA Crim 2595 Statutes: Misuse of Drugs Act 1971 Jurisdiction: England and Wales Criminal Sentencing Updated: 11 October 2022; Ref: scu.86088
Regina v Warren; Regina v Beeley: CACD 4 Jul 1995
Sentencing for Ecstasy offences is to be based on the weight of the active constituent. The Court gave tariffs and background for sentencing for trafficking. Citations: Ind Summary 17-Jul-1995, Times 04-Jul-1995 Statutes: Misuse of Drugs Act 1971 Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.88270
Regina v Pearce: CACD 22 Feb 1996
A house had been purchased solely to grow cannabis. The defendant appealed against an order for its forfeiture. Held: The Misuse of Drugs Act does not give power to forfeit land, but applies to personal property only. Citations: Gazette 03-Apr-1996, Times 22-Feb-1996 Statutes: Misuse of Drugs Act 1971 27 Jurisdiction: England and Wales Criminal Sentencing … Continue reading Regina v Pearce: CACD 22 Feb 1996
Regina v Harris, Regina v Cox: CACD 3 Aug 1995
The ‘production’ of cannabis included the stripping off of leaves after harvesting. Citations: Times 03-Aug-1995 Statutes: Misuse of Drugs Act 1971 37(1) Jurisdiction: England and Wales Crime Updated: 08 October 2022; Ref: scu.86814
Salmon and Moore v Her Majesty’s Advocate: HCJ 13 Nov 1998
The court considered the burden of proof placed on the prosecution under s28 of the 1971 Act. Held: ‘Subsections (2) and (3) of Section 28 are both designed to come into play at a stage when the Crown have proved all that they need to prove in order to establish guilt either of a contravention … Continue reading Salmon and Moore v Her Majesty’s Advocate: HCJ 13 Nov 1998
Guraj, Regina v: CACD 6 Mar 2015
The defendant appealed against a confiscation order made on his plea to charges of possession of drugs with intent to supply. The Crown had served its statement under section 16 of the 2002 Act, but it was 14 months’ late. Judges: Jackson LJ, Mitting, Jay JJ Citations: [2015] EWCA Crim 305, [2015] 1 WLR 4149, … Continue reading Guraj, Regina v: CACD 6 Mar 2015
Regina v Russell: CACD 20 Mar 1984
The defendant was charged with obstructing a police officer under the 1971 Act. The jury was given a majority direction, but when brought back to court about two hours later, at 3.16 pm, they had still been unable to reach a decision. The judge then told the jury that there was no need to rush, … Continue reading Regina v Russell: CACD 20 Mar 1984
Regina v Goodard: CACD 25 Feb 1992
The defendant appealed his conviction after he was found to have offered to supply a controlled drug. At his trial he had claimed that he had not intended to supply the drug. Held: The appeal failed. The trial judge had correctly directed the jury that it was no defence to show that he had not … Continue reading Regina v Goodard: CACD 25 Feb 1992
Regina v Murphy: CACD 18 Jun 2002
The defendant appealed a conviction for possession of drugs. Having found himself in possession of some cannabis, he had dug a hole in the ground and buried it. He appealed an order from the judge that he was not entitled to rely on the defence of having destroyed it. Held: The judge was correct. It … Continue reading Regina v Murphy: CACD 18 Jun 2002
Stratton, Regina (On the Application of) v Waltham Forest Magistrates Court: Admn 1 Jul 2009
The defendant sought judcial review of a decision that he should stand trial on a charge of producing cannabis. He said that having been offered and having refused a caution three times, it was an abuse of process now to prosecute him. He said that the cannabis would have been for his own personal and … Continue reading Stratton, Regina (On the Application of) v Waltham Forest Magistrates Court: Admn 1 Jul 2009
Whittle, Regina v: CACD 9 Mar 2007
The defendant appealed his sentence of five years for supplying heroin. Held: The court had been correct not to apply the additional discounts to the Dharja guidelines. The main appeal failed, though the offence had not been one attracting the possibility of an order retsricting the defendant’s right to travel on release, and that order … Continue reading Whittle, Regina v: CACD 9 Mar 2007
Morar, Regina v: CACD 28 Jan 2022
Two counts of being concerned in the supply of class A drugs, contrary to section 4(3)(b) of the Misuse of Drugs Act 1971 – 59 months’ imprisonment Judges: Lady Justice Carr DBE Mr Justice Wall Her Honour Judge Dhir QC Citations: [2022] EWCA Crim 83 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 07 … Continue reading Morar, Regina v: CACD 28 Jan 2022
Regina v Ben Nien Tao: CACD 1976
Tao was an undergraduate at Cambridge who had occupied a room in a college hostel. He appealed a conviction for being an occupier of premises used for the smoking of cannabis. Held: His conviction was upheld. Roskill LJ: ‘On those facts it seems to us that the correct legal analysis of the appellant’s right of … Continue reading Regina v Ben Nien Tao: CACD 1976
Regina v Mogford: 1976
(Glamorgan Assizes) The two daughters of parents who owned, but were away from, a house in South Wales had invited some friends in to smoke cannabis. Held: The daughters could not in those circumstances properly be charged as occupiers of their parents’ home. Judges: Nield J Citations: (1976) 63 Crim App R 168 Statutes: Misuse … Continue reading Regina v Mogford: 1976
Regina v Herridge: CACD 26 May 2005
The defendant appealed his sentence for cultivation of cannabis resin. The cultivation had been for his own use only. Held: The fact that the use was to be for himself and that therefore no element of supply existed was a significant mitigation, and should reflect lesser sentences for possession of the drug. Even so a … Continue reading Regina v Herridge: CACD 26 May 2005
Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004): CACD 27 May 2005
Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might be prescribed by a doctor, but this had been rejected. Held: The appeals failed. There was no over-arching principle … Continue reading Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004): CACD 27 May 2005
Gilchrist and Another v Her Majesty’s Advocate: HCJ 24 Aug 2004
The defendants were to stand trial for drugs offences, but raised a devoltion issue as to the use of police surveillance products gathered under the 2000 Act. They said that the authorisation to carry out the surveillance had been granted on insufficient detail as required under the 2000 Act, infringing their right to a fair … Continue reading Gilchrist and Another v Her Majesty’s Advocate: HCJ 24 Aug 2004
Coker, Regina v: CACD 28 Feb 2019
A short point as to the direction given in respect of an offence charged under section 4(3)(b) of the Misuse of Drugs Act 1971, namely being concerned in supplying a controlled drug, here a class A drug, to another. Citations: [2019] EWCA Crim 420, [2019] WLR(D) 135 Links: Bailii, WLRD Statutes: Misuse of Drugs Act … Continue reading Coker, Regina v: CACD 28 Feb 2019
Dudley v Her Majesty’s Advocate: HCJ 7 Feb 2003
The defendant appealed against her conviction saying that the Sheriff’s admission of certain evidence was a breach of her human rights. A telephone call from prison had been intercepted (routinely), from which the police had anticipated the importation of drugs to the prison by the defendant. Held: The interception was allowed under the 1989 Act, … Continue reading Dudley v Her Majesty’s Advocate: HCJ 7 Feb 2003
Gary Follen v Her Majesty’s Advocate: PC 8 Mar 2001
PC High Court of Justiciary (Scotland) The defendant said that a trial under the section infringed his right to a fair trial, because of a ten month delay by the prosecutor. On arrest he had been recalled to serve the remainer of a sentence, and served longer than the 110 day maximum before his case … Continue reading Gary Follen v Her Majesty’s Advocate: PC 8 Mar 2001
The Attorney General for the Cayman Islands v Roberts: PC 21 Mar 2002
(Cayman Islands) The Attorney General appealed against the overturning of a conviction of the defendant for the supply of drugs. A substance had been found under a stone in the defendant’s yard, which had been certified to contain cocaine hydrochloride. The defendant challenged the assertion that this proved the case. Notice of the intention to … Continue reading The Attorney General for the Cayman Islands v Roberts: PC 21 Mar 2002
Regina v Behrooz Mashaollahi: CACD 25 Jul 2000
Opium has a considerably lower street value than other class A drugs, including particularly heroine and cocaine. Sentences for possession with intent to supply must reflect this lower value. On a contested case involving 40kg would be 14 years and upwards, and for 4kg was 10 years and upwards. Though equally harmful in principle, there … Continue reading Regina v Behrooz Mashaollahi: CACD 25 Jul 2000
Regina v Ashton-Rickhardt: CACD 1977
Citations: (1977) 65 Cr App R 67 Statutes: Misuse of Drugs Act 1971 28(2) Jurisdiction: England and Wales Cited by: Cited – Salmon and Moore v Her Majesty’s Advocate HCJ 13-Nov-1998 The court considered the burden of proof placed on the prosecution under s28 of the 1971 Act. Held: ‘Subsections (2) and (3) of Section … Continue reading Regina v Ashton-Rickhardt: CACD 1977
Regina v Gill: CACD 21 Dec 1992
The defendant and another had vitamin C tablets which were believed to be ecstacy. The defendant was arrested on trying to sell a tablet. He appealed a conviction for conspiracy to offer to supply a controlled drug. Held: The appeal failed. The offence was committed on the making of the offer, and irrespective of whether … Continue reading Regina v Gill: CACD 21 Dec 1992
McKenzie v Skeen: HCJ 1983
Citations: 1983 SLT 121 Statutes: Misuse of Drugs Act 1971 28(2) Cited by: Cited – Salmon and Moore v Her Majesty’s Advocate HCJ 13-Nov-1998 The court considered the burden of proof placed on the prosecution under s28 of the 1971 Act. Held: ‘Subsections (2) and (3) of Section 28 are both designed to come into … Continue reading McKenzie v Skeen: HCJ 1983
Clements v HM Advocate: 1991
An offence charged was a contravention of the 1971 Act. Observing that the criminal enterprise with which the appellants were concerned was the whole network or chain of supply, right up to the end of the chain where the harmful effects were to be felt, the court. Held: ‘The underlying mischief at which these provisions … Continue reading Clements v HM Advocate: 1991
Brazil v Chief Constable of Surrey: QBD 1983
The appellant had been convicted of assaulting a female police officer in the course of her duty when attempting to search her at a police station under section 23(2). She said that the police officers had not been acting in the execution of their duty because a search imposed a restraint on a person’s freedom … Continue reading Brazil v Chief Constable of Surrey: QBD 1983
Regina v Thomas and Thomson: 1976
The word ‘suffers’ adds nothing to to the word ‘permits’ in the context of preises being used for the consumption of unlawful drugs, since each carries the same meaning. Citations: (1976) 63 Cr App R 65 Statutes: Misuse of Drugs Act 1971 Cited by: Cited – Regina v Bett CACD 12-Oct-1998 A conviction under section … Continue reading Regina v Thomas and Thomson: 1976
Regina v Cuthbertson: HL 1981
With ‘considerable regret’, the power of forfeiture and destruction conferred on the court by section 27 of 1971 Act did not apply to offences of conspiracy, and could not be used to provide a means of stripping professional drug-traffickers of the whole of their ill-gotten gains or the total profits of their unlawful enterprises. The … Continue reading Regina v Cuthbertson: HL 1981
Campbell v Campbell: CC 1982
(Kingston Crown Court) Two brothers, in their mother’s absence but with her permission, held an overnight party at her house. During the evening cannabis was smoked by their guests. The judge had applied Mogford. Judge Oddie: ‘To be ‘the occupier’ the person charged must be proved to have had, whether lawfully or otherwise, such an … Continue reading Campbell v Campbell: CC 1982
Rollo v HM Advocate: 1997
The court discussed the nature of a document as applied to an electronic notebook seized under the 1971 Act: ‘It seems to us that the essential essence of a document is that it is something containing recorded information of some sort. It does not matter if, to be meaningful, the information requires to be processed … Continue reading Rollo v HM Advocate: 1997
Regina v Lockwood: CACD 2002
The court heard a second application in person for permission to appeal a conviction for producing cannabis. The defence was necessity. He claimed to use cannabis medicinally to relieve pain. He complained about the judge’s directions on the defence to the effect that the prosecution had to satisfy the jury that necessity was not a … Continue reading Regina v Lockwood: CACD 2002
Regina v Delgado: CACD 1984
The court considered the meaning of ‘supply’ under the 1971 Act: ‘Thus we are driven back to considering the word ‘supply’ in its context. The judge himself relied upon the dictionary definition, which is a fairly wide one. This court has been referred to the Shorter Oxford English Dictionary, which gives a large number of … Continue reading Regina v Delgado: CACD 1984
Regina v Brown: CACD 2003
The court head a renewed application in person for leave to appeal a conviction for producing cannabis. The defendant sought to rely on a defence of necessity, saying that cannabis was the only way available to him to control the pain of his multiple sclerosis. The judge had been invited to rule whether, as a … Continue reading Regina v Brown: CACD 2003
Regina v McNamara: CACD 1988
In order to establish possession of a controlled drug the Crown merely had to prove that the appellant had the bag in his possession and that the bag in fact contained a controlled drug, in this case cocaine. Thereafter the burden was cast upon the appellant to bring himself within section 28 and prove, on … Continue reading Regina v McNamara: CACD 1988
Regina v Greensmith: CACD 1983
The word ‘cocaine’ when used in Part I of Schedule 2 to the Misuse of Drugs Act 1971 is used in the generic sense so that it includes the specific forms, derivatives or preparations of it which come within the wording of paragraphs 2 to 5 of Part I of the Schedule.Lawton LJ said: ‘It … Continue reading Regina v Greensmith: CACD 1983
Regina v Hussain, S: CACD 28 Jan 2010
The defendant appealed against conviction for possession of controlled substances with intent to supply. He said that he had imported the substances (Class C controlled drugs and counterfeit medecines) but had intended to supply them overseas only. Held: The appeal succeeded. The offence was committed only where the supply was within the jurisdiction. If the … Continue reading Regina v Hussain, S: CACD 28 Jan 2010
Commissioners of Customs and Excise v Menocal: HL 1979
The appellant had been convicted under the 1952 Act of being knowingly concerned in the fraudulent importation of controlled drugs. She was sentenced to imprisonment on her plea. More than three months later, application was made to forfeit the money found on arrest. The court inferred that the whole of the money had been provided … Continue reading Commissioners of Customs and Excise v Menocal: HL 1979
Regina v Taylor (Paul Simon): CACD 23 Oct 2001
The laws against the misuse of cannabis did not infringe the defendant’s human rights to freedom of religion. The defendant asserted that his use of cannabis was in accordance with the exercise of his Rastafarian religion. In the light of international convention, it could be seen that the control of the use of marijuana could … Continue reading Regina v Taylor (Paul Simon): CACD 23 Oct 2001
Read v Director of Public Prosecutions: Admn 20 Jun 1997
The defendant appealed against his conviction for being an occupier of premises used for smoking cannabis. The Appellant lived at the premises together with his common law wife and children as a family. On the facts the magistrates found that the nature, extent and degree of the Appellant’s possession was sufficient to find that he … Continue reading Read v Director of Public Prosecutions: Admn 20 Jun 1997
Regina v Sabeddu: CACD 30 Nov 2000
The section recognised the inherent danger of supplying a drug to the public, where neither the supplier nor the recipient could know the danger of ingesting it. Ketamine, intended for horses, was not a controlled drug under the Misuse of Drugs Act 1971, and there were no sentencing guidelines available. In this case, in the … Continue reading Regina v Sabeddu: CACD 30 Nov 2000
Regina v Panton: CACD 27 Mar 2001
In the supply of drugs, rather than possession, the defendant asserted that his consent to acting to take care of the drugs, was given only under duress. Consent was not required of both parties. Supply was to be given its ordinary meaning, and according to the context. Beyond mere transfer was required only that the … Continue reading Regina v Panton: CACD 27 Mar 2001
Regina v Brock; Regina v Wyner: CACD 22 Feb 2001
The offence of knowingly permitting premises to be used for the supply of controlled drugs was proved by establishing actual knowledge of drug dealing, or willful blindness as to such activities on the premises, and an unwillingness to prevent it. Unwillingness could be established by showing that the defendants had failed to take reasonable and … Continue reading Regina v Brock; Regina v Wyner: CACD 22 Feb 2001
Regina v Powell: CACD 5 Oct 2000
In principal there is no difference in the degree of guilt of somebody who is exporting rather than importing drugs, and similar sentencing standards should be applied in either situation. Citations: Times 05-Oct-2000 Statutes: Misuse of Drugs Act 1971 Criminal Sentencing Updated: 09 April 2022; Ref: scu.85448
Regina v Lambert; Regina v Ali; Regina v Jordan: CACD 14 Sep 2000
Each defendant was charged under a statute which provided a defence if they could prove a certain element. They complained that this was a breach of their human rights. The complaint was rejected. It would be wrong to impose a burden of proof on a defendant as regards a main element of a crime, but … Continue reading Regina v Lambert; Regina v Ali; Regina v Jordan: CACD 14 Sep 2000
Regina v Jones and Others (Confiscation Orders): CACD 10 Jul 2006
The prosecutor appealed against a refusal by the judge to make confiscation orders. The defendants had benefitted from their conduct but had dissipated it all, and were found by the Crown to have no assets. The judge found this to be an exceptional circumstance. Held: The judge had erred, and should have made the order. … Continue reading Regina v Jones and Others (Confiscation Orders): CACD 10 Jul 2006
Mondelly, Regina (on the Application of) v the Commissioner of the Police for the Metropolis: Admn 29 Sep 2006
The defendant sought judicial review of his caution for possession of cannabis, saying that it went again the national guidance against such decisions after the reclassification of cannabis as a Class C banned substance. He had been arrested for a more serious allegation which could not be proved. Held: If the policy said that no … Continue reading Mondelly, Regina (on the Application of) v the Commissioner of the Police for the Metropolis: Admn 29 Sep 2006
Global Cash and Carry Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court and Others: Admn 19 Feb 2013
The claimant sought an order quashing a search warrant, and for damages. The officer had said that he had evidence that the claimants were storing an distributing from the premises large quantities of counterfeit goods and drugs. Held: The warrants were unlawful, in that the magistrates had applied the wrong test for their issue, in … Continue reading Global Cash and Carry Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court and Others: Admn 19 Feb 2013
Simsek, Regina v: CACD 4 Jun 2015
[2015] EWCA Crim 1268, [2015] WLR(D) 252 Bailii, WLRD Misuse of Drugs Act 1971 4(1) England and Wales Criminal Sentencing Updated: 12 January 2022; Ref: scu.561468
Attorney General’s Reference (Number 8 of 2004) (Dawson and Others): CANI 15 Apr 2005
Defendants had been convicted of offences involving supply of cannabis and cocaine, including the evasion of import controls and conspiracy. The sentences were appealed as too lenient. Held: Where a prosecutor was aware that a plea of guilty was being entered because a defendant expected to have a particular sentence passed (in that case a … Continue reading Attorney General’s Reference (Number 8 of 2004) (Dawson and Others): CANI 15 Apr 2005
Kennedy, Regina v: CACD 5 Nov 2021
Lord Justice Popplewell, , Mr Justice Spencer, , His Honour Judge Kearl QC Recorder of Leeds [2021] EWCA Crim 1921 Bailii Misuse of Drugs Act 1971 4(3)(b) England and Wales Criminal Sentencing Updated: 02 January 2022; Ref: scu.670485
Wilson v Procurator Fiscal, Glasgow: HCJ 10 Mar 2015
Lord Brodie [2015] ScotHC HCJAC – 26 Bailii Misuse of Drugs Act 1971 5(2) Scotland, Crime Updated: 28 December 2021; Ref: scu.544196
HM Advocate v McAllister: HCJ 7 Oct 2014
The defendant had been convicted of an offence of supplying drugs whilst on licence for a similar offence. The court considered a request for an order under the 2002 Act. Lord Boyd of Duncansby [2014] ScotHC HCJ – 112 Bailii Criminal Procedure (Scotland) Act 1995 76, Misuse of Drugs Act 1971 4(3)(b), Proceeds of Crime … Continue reading HM Advocate v McAllister: HCJ 7 Oct 2014
Neil v Her Majesty’s Advocate: HCJ 8 Jul 2014
The defendant appealed against his sentence for possession of cannabis, and for causing a death by dangerous driving whilst under the influence of cannabis. Lady Clark of Calton [2014] ScotHC HCJAC – 67 Bailii Misuse of Drugs Act 1971 Scotland, Criminal Sentencing Updated: 16 December 2021; Ref: scu.533866
Marwaha v UK Border Revenue Agency (Cash and Compensation Team): Admn 2 Nov 2017
Flower Arrangers’ poppy straws not controlled The court was asked whether the definition of poppy straw in the 1971 Act applied to poppy head and poppy heads and stalks imported by the Appellant for use in flower arrangements. Held: On the correct interpretation of the statutory definition of poppy straw the two consignments in issue … Continue reading Marwaha v UK Border Revenue Agency (Cash and Compensation Team): Admn 2 Nov 2017
Regina v Lambert: HL 5 Jul 2001
Restraint on Interference with Burden of Proof The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was heard before … Continue reading Regina v Lambert: HL 5 Jul 2001
Wright, Regina v: CACD 5 May 2011
The defendant appealed against his conviction for growing cannabis with intent to supply. He was found to have 35 plants and appropriate equipment for preparing the produce for division and supply. He said that since the plants had no flowering . .
Regina v Shivpuri: HL 15 May 1986
The defendant had been accused of attempting to import controlled drugs, but the substances actually found were not in fact a controlled drug, though he had believed and intended them to be. He appealed saying that he should not be conviced of an . .
Regina v Broch, Regina v Wyner: CACD 28 Dec 2000
On a charge allowing premises to be used for the supply of drugs, the defendant’s belief that he had taken sufficient steps to prevent drugs being supplied, was not a sufficient defence. The standard to be applied was the jury’s assessment, not that . .
Michaels v Highbury Corner Magistrates Court and Another: Admn 3 Nov 2009
The defendant appealed against his conviction of obstructing police officers under section 23(4) of the 1971 Act. . .
Baker, Regina v: Cacd 26 Feb 2009
Appeal from conviction for supply of controlled drugs . .
Attorney General of Trinidad and Tobago v Ramanoop: PC 23 Mar 2005
(Trinidad and Tobago) A police officer had unjustifiably roughed up, arrested, taken to the police station and locked up Mr Ramanoop, who now sought constitutional redress, including exemplary damages. He did not claim damages for the nominate torts that had certainly been committed. Counsel for the Attorney General submitted that constitutional redress, in so far … Continue reading Attorney General of Trinidad and Tobago v Ramanoop: PC 23 Mar 2005
Kennedy v The Charity Commission: SC 26 Mar 2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Regina v Auguste: CACD 9 Dec 2003
The defendant appealed against a conviction for allowing her premises to be used for smoking cannabis. There was evidence of permission and of possession of items which would be used, but there had been no evidence of actual use. Held: To establish the offence, the court had to be shown evidence that the premises had … Continue reading Regina v Auguste: CACD 9 Dec 2003
Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999
Consultation to be Early and Real Listening The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were in need of … Continue reading Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999
General Tire v Firestone Tyre and Rubber Company Limited: HL 1975
The object of damages is to compensate for loss or injury. The general rule for ‘economic’ torts is that the measure is that sum of money which will put the injured party in the same position as he would have been in if he had not sustained the wrong. Lord Wilberforce identified the normal categories … Continue reading General Tire v Firestone Tyre and Rubber Company Limited: HL 1975
