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
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
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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 . .
