The defendants appealed their convictions under common law for a conspiracy to defraud. The conspiracy was within the jurisdiction but the intended fraudulent acts would happen in Germany. The Court of Appeal quashed the convictions for conspiracy. Held: The House rejected the prosecutor’s appeal on the basis that a conspiracy to commit a crime abroad … Continue reading Board of Trade v Owen: HL 1957
Specific Intention as to Damage Caused (Court of Criminal Appeal) The defendant wrenched a gas meter from the wall to steal it. Gas escaped. He was charged with unlawfully and maliciously causing a noxious thing, namely coal gas, to be taken by the victim. Held: Byrne J said: ‘We have considered those cases R v … Continue reading Regina v Cunningham: CCA 1957
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Earl Russell was charged with an offence under section 57, namely ‘Whosoever being married shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, shall be guilty of felony.’ He was alleged to have married for a … Continue reading Rex v Earl Russell: HL 1901
The defendant had been convicted on his plea of bigamy. His late arriving counsel failed to have the plea withdrawn on his advice that at the second wedding, the defendant had genuinely believed that the first marriage had been dissolved. . .
The offence of ‘unlawful wounding’ included a deliberate act which might (not would) cause injury. Citations: Gazette 03-Jun-1992 Statutes: Offences Against the Person Act 1861 20 Jurisdiction: England and Wales Crime Updated: 25 October 2022; Ref: scu.87657
Appeal against sentence of 16 months on plea of guilty to assault occasioning actual bodily harm, contrary to section 47 of the Offences Against the Person Act 1861. Citations: [2020] EWCA Crim 909 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 25 October 2022; Ref: scu.657258
Arguable misdirection in relation to the requisite intent for an offence under section 18 of the Offences Against the Person Act 1861 Citations: [2009] EWCA Crim 544 Links: Bailii Jurisdiction: England and Wales Crime Updated: 11 October 2022; Ref: scu.341579
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017
The defendant appealed conviction for inflicting grievous bodily harm on three women, by having unprotected sexual intercourse knowing that he was HIV positive, but without telling the women. Each contracted HIV. The allegation was that he had behaved recklessly on the basis that knowing that he was suffering from the HIV virus, and its consequences, … Continue reading Konzani, Regina v: CACD 17 Mar 2005
The appellants had applied for emergency housing as homeless persons, anticipating loss of their secure accomodation after falling into arrears. The Council reject their application, but a County Court quashed that decision. The Court of Appeal re-instated it, and the applicants now appealed again. The applicants had first sought advice from the council and had … Continue reading Din (Taj) v Wandsworth London Borough Council: HL 26 Nov 1981
The defendant was attacked by his victim, and he hit his victim in the face. He was charged with wounding with intent to do grievous bodily harm with an alternative of unlawful wounding also open to the jury. The judge gave no direction on the meaning of ‘maliciously’ and the jury convicted under section 20. … Continue reading Regina v Mowatt: CACD 20 Jun 1967
The defendant had been accused of the theft of a chocolate bar from a shop, and of assault on the store detective who had detained him. He had been acquitted of the charge of theft, and now appealed against the conviction for the assault saying that he had resisted an unlawful arrest. Held: The defendant’s … Continue reading Regina v Self: CACD 25 Feb 1992
The defendant had hit a mother in the face as she held the child. The force was sufficient to cause her to drop the child causing injury to the child. He appealed against a conviction for beating the child. Held: The appeal failed. A battery could be inflicted even though the force actually used was … Continue reading Haystead v Director of Public Prosecutions: QBD 2 Jun 2000
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the defendant had given no thought to a risk of damage, but … Continue reading Regina v G and R: HL 16 Oct 2003
The claimant sought judicial review of a decision of the DPP to intervene in and abandon her private prosecution of two doctors involved n what she said was a decision to carry out abortions which decsions were affected by the sex of the foetus. At the instigation of a newspapers, two women had attended clinics … Continue reading Hubert, Regina (on The Application of) v Director of Public Prosecutions and Another: Admn 18 Dec 2015
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
The defendants appealed against their convictions under section 18. Pitchford LJ, Keith, Lewis JJ [2013] EWCA Crim 1836 Bailii Offences Against the Person Act 1861 18 England and Wales Crime Updated: 26 November 2021; Ref: scu.518573
The defendant appealed against a conviction for inflicting grievous bodily harm, after causing a serious leg injury in a football match when tackling another player. Held: There was surprisingly little authority on when it was appropriate to commence proceedings after an assault during a sporting event. The starting point must be to recognise that sports … Continue reading Regina v Barnes: CACD 21 Dec 2004
The first defendant had been convicted of wounding. She had intended to throw beer over her victim, but her glass slipped from her hand, and cut the victim. The second defendant threw his three year old child in the air and caught him, not realising any risk of injury, but was convicted of inflicting grievous … Continue reading Regina v Savage; Director of Public Prosecutions v Parmenter: HL 7 Nov 1991
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006
Reckless HIV transmission – Grievous Bodily Harm The defendant appealed against his conviction for inflicting grievous bodily harm. He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. It was not suggested that any rape had occurred or that he had intended to … Continue reading Regina v Dica: CACD 5 May 2004
The prosecutor appealed against a successful appeal by the defendant against his conviction for murder. He and an opponent had engaged in a street battle using guns. His opponent had shot an innocent passer by. The court was now asked as to whether the doctrine of transferred malice could be applied alongside that of joint … Continue reading Gnango, Regina v: SC 14 Dec 2011
The defendant knew that he had gonorrhea. He had intercourse with his wife, and infected her. She would not have consented had she known. He appealed convictions for assault and causing grievous bodily harm.
Held: ‘The question in this case is . .
