The defendant appealed against his conviction for sexual grooming. Held: ‘On the face of it, the fact that the description of the offence in the heading is ‘meeting a child following sexual grooming etc’ might be taken to suggest that the behaviour antecedent to any arranged meeting must itself be sexual in nature. The phrase … Continue reading Gaviria v Regina: CACD 19 Jul 2010
Police appeal against refusal of court to uphold sexual offences prevention order. Judges: Hughes LJ, Treacy J Citations: [2007] EWHC 1792 (Admin) Links: Bailii Statutes: Sexual Offences Act 2003 104(1) Jurisdiction: England and Wales Criminal Practice Updated: 05 December 2022; Ref: scu.258807
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
The victim complied with the defendant’s instructions, given in text messages where he was posing as a police officer, to the effect that she should have sexual intercourse with him. These offences were committed either side of the coming into force of the 2003 Act; and, in relation to the pre-May 2004 period, they were … Continue reading Jheeta, Regina v: CACD 11 Jul 2007
Whether the imposition of a Notification Order (‘N/O’) under section 97 of the Sexual Offences Act 2003 (‘SOA 2003’) was disproportionate and breached Article 8 of the European Convention on Human Rights Judges: Lord Justice Haddon-Cave and Mr Justice Holgate Citations: [2020] EWHC 1053 (Admin) Links: Bailii Jurisdiction: England and Wales Criminal Sentencing, Human Rights … Continue reading Halabi, Regina (on The Application of) v The Crown Court At Southwark: Admn 1 May 2020
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006
Against sentence of 6 months after failure to notify a change of address as required by the Sexual Offences Act 2003. Held: Two months’ imprisonment should be substituted Citations: [2005] EWCA Crim 3612 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 24 November 2022; Ref: scu.239062
Judges: Sir Brian Leveson P QBD, Walker J Citations: [2015] EWHC 688 (Admin), [2015] 2 Cr App R (S) 25, (2015) 179 JP 187, [2015] WLR(D) 135 Links: Bailii, WLRD Statutes: Sexual Offences Act 2003 Jurisdiction: England and Wales Criminal Sentencing Updated: 20 November 2022; Ref: scu.544835
The Court considered a particular aspect of the correct approach to be taken when sentencing certain offences against children under the Sexual Offences Act 2003 (‘SOA’), namely when no sexual activity takes place, for instance, because i) the child is a fiction, ii) the defendant failed to persuade the child to engage in sexual activity … Continue reading Reed and Another v Regina: CACD 21 Apr 2021
The Court was asked whether it was open to a defendant charged with rape contrary to section 1 of the 2003 Act to rely upon a ‘deluded’ belief in the consent of the complainant. Held: Hughes LJ said: ‘Both the common law and statute law are well used to a rule which judges a defendant … Continue reading B v Regina: CACD 31 Jan 2013
The basic rule is that anything said in open court may be reported. Withholding the name from the public during the proceedings will provide the basis for the making of an order under section 11 of the Contempt of Court Act 1981. Citations: [1985] 1 WLR 708 Statutes: Contempt of Court Act 1981 11 Jurisdiction: … Continue reading Regina v Arundel Justices, Ex parte Westminster Press Ltd: 1985
The tribunal’s decision that the appellant had been unfairly dismissed by the respondent had been reversed at the EAT. The respondent had been allowed to withdraw a concession, and the appellant now sought to pursue a different argument. The appellant, a former police officer and latterly a training officer had a brother convicted of serious … Continue reading DA v Strathclyde Joint Police Board: SCS 27 Jun 2012
The claimant was serving a prison sentence for serious sexual offences. He would not be released until he had completed a sex offenders programme, but one was not made available, delaying his release. Held: ‘The Secretary of State is not under an absolute duty to devise and provide courses for all who want them and, … Continue reading Regina (on the Application of Cawser) v Secretary of State for the Home Department: CA 5 Nov 2003
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault. Held: The court gave a guideline maximum pounds 50,000 award against police for wrongful arrest and wrongful imprisonment. Comparisons were proper with personal injury cases. It is important to identify and quantify the various … Continue reading Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997
The defendant appealed against his conviction for murder. He admitted that he had killed his girlfriend with a hammer, but sought to bring psychiatric evidence that he was susceptible to provocation. Held: The law jealously guards the role of the jury, or the court where it is the trier of the facts, as the judge … Continue reading Regina v Turner (Terence): CACD 1974
(Grand Chamber) The appellants had each been convicted of more than one murder and had been sentenced to whole life terms. They complained that the absence of a possibility of review or remission was a breach of their rights. Held: For a life sentence to remain compatible with Article 3 there must be a prospect … Continue reading Vinter And Others v The United Kingdom: ECHR 9 Jul 2013
Appeal by leave of the single judge against conviction of an offence of assault by penetration, contrary to section 2 of the Sexual Offences Act 2003. The grounds of appeal contend that the appellant did not have a fair trial, and his conviction is unsafe, because the judge unfairly interrupted defence counsel’s closing speech and … Continue reading SR, Regina v: CACD 10 Dec 2019
The claimant challenged his continued detention under the 1971 Act after his appeal to the Immigration Appeal tribunal had been successful. He had been accused of rape, but was convicted of a sexual assault, though still serious. Before being released from his sentence, the respondent had authorised his continued detention under the 1971 Act. The … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jun 2003
A negligent delay in the diagnosis of her cancer left the clamant dependent on paid for surrogacy arrangements. Three issues were raised; could damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? Second, if so, could damages to fund arrangements using donor eggs be recovered? Third, in either event, could damages to … Continue reading Whittington Hospital NHS Trust v XX: SC 1 Apr 2020
Issue concerning the written directions of the trial judge as to the law on consent and in particular the scope and effect of section 75(2)(a) of the Sexual Offences Act 2003. This is a provision which it is argued before us is problematic in numerous respects. The case raises various points about the structure of … Continue reading Hutchings, Regina v: CACD 22 Feb 2019
Judges: The Lord Woolf of Barnes LCJ Citations: [2005] EWCA Crim 732, [2005] 2 All ER 859, [2005] 1 WLR 2005, [2005] 2 Cr App R 149 Links: Bailii Statutes: Sexual Offences Act 2003 3 Jurisdiction: England and Wales Crime Updated: 05 October 2022; Ref: scu.659882
The defendants appealed against their convictions under common law for keeping a disorderly house. They were landlords using an agreement requiring the tenant not to be used for immoral purposes. There was evidence of limited sexual activity. Only one girl had been seen and therefore the charge under the 1956 Act was withdrawn. Held: the … Continue reading Court, Regina v: CACD 9 Feb 2012
The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements. Held: The evidence of the mother had been admitted in a manner agreed between the defence and prosecutor, and the defence had not gone outside the agreement. … Continue reading Regina v Ali: CACD 14 Nov 2003
A had been charged with various indecent assaults on children. It had been intended that transitional regulations would govern thechange to the regime under the 2003 Act, but no regulations had been published. Held: It was not for the courts to fill the lacuna left by the Secretary of State. The 2003 Act recognised the … Continue reading Regina v A (Prosecutor’s Appeal): CACD 15 Dec 2005
The court was asked how the judge should approach offences committed under the Sexual Offences Act 1956 in the context of the Definitive Guidelines under the Sexual Offences Act 2003. It raises the important point as to how the judge should approach the totality where there has, over a considerable period, been a variety of … Continue reading Attorney General’s Reference No 7 of 2011: CACD 7 Mar 2011
The defendant appealed against his sentence of three and a half years imprisonment after conviction for causing another to engage in sexual activity without consent. Though otherwise of previous good characetr he had a caution for a similar assault. The judge had adopted a sentencing range more serious than that suggested by both defence and … Continue reading Ayeva, Regina v: CACD 19 Nov 2009
Judges: Laws, Moore-Bick, Beatson LJJ Citations: [2013] EWCA Civ 697, [2014] 1 WLR 179, [2013] WLR(D) 289 Links: Bailii, WLRD Statutes: Powers of Criminal Courts (Sentencing) Act 2000, Human Rights Act 1998, Sexual Offences Act 2003 82(1) Jurisdiction: England and Wales Criminal Sentencing, Human Rights Updated: 10 September 2022; Ref: scu.510907
Appeal from conviction, sentence (three year supervision requirement and a programme requirement to attend sex offending assessment, psychological testing and treatment, with the appropriate notification requirements) and costs of exposing his genitals intending that someone would see them and be caused alarm or distress. Citations: [2011] EWCA Crim 870, [2012] 1 Cr App R (S) … Continue reading Rakib, Regina v: CACD 1 Apr 2011
The court considered the status of evidence given by a counsellor as to her consultations with the victim, and as to whether it counted as expert or opinion evidence. Held: A counsellor’s evidence should in general be limited to the facts of the consultation as to the dates given for alleged offences. In giving that … Continue reading Jones and Another, Regina v: CACD 30 Sep 2019
The defendant appealed against conviction of intentionally causing a child under the age of 13 to engage in sexual activity. Held: The conviction was quashed. The evidence did not establish one of the essential elements for a conviction. Citations: [2011] EWCA Crim 299 Links: Bailii Statutes: Sexual Offences Act 2003 Jurisdiction: England and Wales Citing: … Continue reading Regina v Grout: CACD 1 Mar 2011
Judicial Review of the imposition on the Petitioner on a period of notification requirements of not less than fifteen years without provision for review within the said fifteen year period in terms of the Sexual Offences Act 2003 as amended by the Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 Citations: [2013] ScotCS CSOH – … Continue reading Main v The Scottish Ministers: SCS 26 Jun 2013
The defendant appealed his conviction for the offence of controlling a prostitute for gain. Held: The appeal failed. ‘Control’ in this context did not require the defendant to be shown to have compelled or otherwise coerced the prostitution. ‘Control’ included but was not limited to compulsion, and could be exercised in many ways. The offence … Continue reading Regina v Massey: CACD 19 Oct 2007
The defendant appealed convictions for sexual assault against four young girls. Held: The admissibility of ‘similar fact’ evidence depends upon the degree of its relevance. If only suggests propensity it is inadmissible. If it goes further and can be shown to be relevant to, and probative of, a particular issue in the case, then it … Continue reading Regina v Venn: CACD 1 Feb 2003
The defendant, with no previous convictions appealed against conviction for sexual assaults on vulnerable women at the care home at which he worked. He said that the evidence was so weak that it should not have been left for the jury. Special procedures under the 1999 Act had been used for the complainants to give … Continue reading Regina v Watts: CACD 23 Jul 2010
Appeal against the orders made in a Sexual Offences Prevention Order. Judges: Aikens LJ, Royce J, Radford QC Citations: [2010] EWCA Crim 1303 Links: Bailii Statutes: Sexual Offences Act 2003 104 Jurisdiction: England and Wales Criminal Sentencing Updated: 19 August 2022; Ref: scu.418440
The applicant for judicial review (D) had been convicted and sentenced for an offence under section 3 of the 2003 Act, and recommended for deportation. He sought review of the decision of the respondent not to refer his case to the Court of Appeal for reconsideration. A question had arisen as to the existence of … Continue reading Davis, Regina (on The Application of) v Criminal Cases Review Commission: QBD 2 Feb 2010
In each case the court was asked whether a sentence imposed under section 225(2) of the 2003 CJA for the protection of the public could be made to run consecutively to the principle sentence for the offence, and how did this link in with the courts powers under the section 116 PCCA 2003. Held: Some … Continue reading O’Brien, Harris, Moss, Llewellyn and others v Regina: CACD 14 Jul 2006
The defendant appealed his conviction of sexual activity with a person wth a mental disorder. He said that the victim had consented. The court had said that her consent was vitiated by virtue of her mental disorder. Held: For mental disorder or incapacity to found such a prosecution, the lack of capacity had to be … Continue reading Regina v C (Mental disorder: Sexual activity): CACD 23 May 2008
The appellant appealed against his conviction for serious sexual assaults on his young daughters. He said that he had been denied the opportunity to put to a complainant that she had made other unfounded allegations. Judges: Moore-Bick LJ, Griffith Williams J Citations: [2009] EWCA Crim 2668 Links: Bailii Statutes: Sexual Offences Act 2003, Youth Justice … Continue reading Evans, Regina v: CACD 16 Dec 2009
Tan and others were accused of keeping a disorderly house having advertised: ‘Humiliation enthusiast, my favourite past time is humiliating and disciplining mature male submissives, in strict bondage, lovely tan coloured mistress invites humble applicants, TV, CP, BD and rubber wear.’ Held: The court upheld convictions which were dependent on Gloria Greaves, a post-operative male … Continue reading Regina v Tan: CA 1983
Several appeals were heard on references against unduly lenient sentences of sex offenders. Held: Courts faced particular difficulties when sentencing sex offenders, but there exist guideline cases, and a court engagaed in such a sentencing exercise should be conversant with the guideline cases, and act accordingly. Guideline cases are not to be applied mechanically, but … Continue reading Attorney-General’s Reference (No 37, 38, 44, 45, 51, 53, 35, 40, 43, 45, 41 and 42 of 2003): CACD 23 Oct 2003
Application for judicial review, with permission directed to a decision made at the Central Criminal Court lifting the notification requirements imposed on the interested party pursuant to Sections 81 and 82 of the Sexual Offences Act 2003. Judges: Laws LJ, Hickinbottom J Citations: [2013] EWHC 179 (Admin) Links: Bailii Statutes: Sexual Offences Act 2003 81 … Continue reading Commissioner of Police for The Metropolis v Central Criminal Court and Another: Admn 15 Jan 2013
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B was over the age of 16, if the police had previously charged … Continue reading AB v Her Majesty’s Advocate: SC 5 Apr 2017
The applicant had been sentenced to ten years’ imprisonment for rape and sexual assault on minors. His name had been placed automatically on a Register of Sexual and Violent Offenders, and had had to confirm his address every year and to give notice of any change of address. This could be done by registered letter … Continue reading Bouchacourt v France: ECHR 17 Dec 2009
Claim for judicial review of a decision of the Crown Prosecution Service to continue with a prosecution of the claimant for an offence under Section 5 of the Sexual Offences Act 2003. Judges: Latham LJ, Sullivan J Citations: [2008] EWHC 2976 (Admin) Links: Bailii Statutes: Sexual Offences Act 2003 5 Jurisdiction: England and Wales Crime … Continue reading Tolhurst v Director of Public Prosecutions: CACD 18 Nov 2008
Failure to comply with the notification requirements of a Notification Order Citations: [2010] EWCA Crim 560, [2010] 2 Cr App Rep (S) 100 Links: Bailii Statutes: Sexual Offences Act 2003 91(1)(a) Jurisdiction: England and Wales Criminal Sentencing Updated: 22 July 2022; Ref: scu.432753
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedings Citations: 24209/94, [2003] ECHR 391, (2004) 39 EHRR 34 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: Cited – Re E (A Child); E v Chief Constable of the Royal … Continue reading YF v Turkey: ECHR 22 Jul 2003
ECHR Article 8-1 Respect for private life Positive obligations Failure to protect complainant’s personal integrity in criminal proceedings concerning sexual abuse: violation Facts – In 2001, at the age of 14, the applicant was allegedly victim of repeated sexual assaults by a family friend, X. Following a criminal complaint by the applicant’s mother, investigations started … Continue reading Y v Slovenia: ECHR 28 May 2015
The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity. Held: As to the meaning of section 115: ‘if Parliament had intended to limit relevant information to information of criminal or potentially criminal activity, it would be … Continue reading L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 1 Mar 2007
The defendant could not be convicted of voyeurism under the 2003 Act for having watched a male’s breasts in a situation where that person might have expected privacy. Judges: Lord Justice Hughes, Mr Justice Treacy and Sir Peter Cresswell Citations: [2008] EWCA Crim 1174, Times 18-Jun-2005 Links: Bailii Statutes: Sexual Offences Act 2003 68(1)(a) Jurisdiction: … Continue reading Bassett, Regina v: CACD 14 May 2008
The defendant appealed his sentence for making indecent images of children. Additional sentences had been imposed for public protection. He had a previous conviction for a similar offence. Held: The additional sentence should not have been imposed. He had not gone beyond the downloading of images. ‘The link between the offending act of downloading these … Continue reading Terrell, Regina v: CACD 21 Dec 2007
Citations: [2008] EWCA Crim 758 Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Cited by: Cited – O’Dowd v Regina CACD 12-May-2009 The defendant appealed against his conviction for serious sexual offences. The trial was very lengthy after the prosecution introduced bad character evidence from other allegations from some 17 years or … Continue reading Mckenzie v Regina: CACD 11 Apr 2008
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The complainant asked for a breakdown of the number of local teaching staff who had been investigated in connection with offences under section 16 of the Sexual Offences Act 2003 and for details of the outcome of these investigations. Devon and Cornwall Constabulary confirmed that it held such information but claimed it was exempt from … Continue reading Devon and Cornwall Constabulary (Decision Notice): ICO 20 Dec 2010
Appeal by way of case stated from a decision of the Justices convicting the applicant of an offence of sexual activity with a person with a mental disorder impeding choice, contrary to section 30 of the Sexual Offences Act 2003. Citations: [2006] EWHC 1347 (Admin) Links: Bailii Jurisdiction: England and Wales Crime Updated: 12 July … Continue reading Hulme v Director Of Public Prosecutions: Admn 19 May 2006
Standing alone, a refusal by a convicted first-time sex offender to admit his guilt could warrant a finding of dangerousness. Judges: Hooper LJ, McCombe, Openshaw JJ Citations: [2007] EWCA Crim 2052 Links: Bailii Statutes: Criminal Justice Act 2003 Citing: Cited – Lang and Others, Regina v CACD 3-Nov-2005 In each case the defendant had commited … Continue reading Xhelollari, Regina v: CACD 12 Jul 2007
Citations: [2007] EWCA Crim 1760, [2007] 2 Crim App R 30 Links: Bailii Statutes: Criminal Justice Act 2003 Jurisdiction: England and Wales Cited by: Cited – O’Dowd v Regina CACD 12-May-2009 The defendant appealed against his conviction for serious sexual offences. The trial was very lengthy after the prosecution introduced bad character evidence from other … Continue reading Wallace v Regina: CACD 16 Jul 2007
The defendant appealed against his conviction for causing or inciting a child under the age of 13 to engage in sexual activity following a guilty plea after a direction that it was not necessary for the prosecution to identify any particular child as having been so affected. He had written graffiti in train stations seeking … Continue reading Regina v Jones: CACD 15 May 2007
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the professional conduct committee of the GMC. Held: There had been very poor administration of the … Continue reading Dr D, Regina (on the Application of) v Secretary of State for Health: CA 19 Jul 2006
The defendant pleaded guilty to the rape of a twelve year old girl on the agreed basis that he had believed her to be 15, but had been advised that given her age, his belief was immaterial. He now appealed saying that the presumption infringed his human rights. Held: The question was whether the section … Continue reading Regina v G: CACD 12 Apr 2006
The defendant had been convicted of repeatedly raping a 12 week old girl, and other sexual offences against young girls. After pleading guilty, the judge had passed a life sentence setting the minimum term at six years which was lower because of the guilty plea. His partner had been convicted as an accomplice but took … Continue reading French and Webster, Regina v (Attorney General’s Reference No 14 and No 15 of 2006): CACD 8 Jun 2006
The defendants appealed their convictions for rape of a girl under 13. Held: The appeals were dismissed, but the sentences were reduced to conditional discharges. Judges: Lord Phillips CJ Citations: [2006] EWCA Crim 821, [2006] 1 WLR 2052 Links: Bailii Statutes: Sexual Offences Act 2003 5 Jurisdiction: England and Wales Cited by: Cited – Regina … Continue reading G and R v Secretary of State for the Home Department: CACD 12 Apr 2006
The court considered the evidential presumptions applied by section 75 of the 2003 Act in connection with an allegation of sexual assault. Judges: Lord Judge LCJ, Butterfield, Henriques JJ Citations: [2011] EWCA Crim 2665, [2012] 1 Cr App R 15 Links: Bailii Statutes: Sexual Offences Act 2003 75 Jurisdiction: England and Wales Crime Updated: 04 … Continue reading Ciccarelli, Regina v: CACD 3 Nov 2011
The defendant appealed conviction for indecent assault. The charge alleged assault by intercourse per vaginam with a 13 year old girl. He had been 14 years old at the time. The verdict indicated consent by the complainant. Held: The appeal failed. The 2003 Act was not retrospective. However: ‘to hold that the express intention of … Continue reading Timmins, Regina v: CACD 15 Nov 2005
The applicant was a post-tariff discretionary life prisoner, applying for a change in his security classification. He sought disclosure of his security report which was denied by the respondent. He alleged a breach of his human rights. Held: The punitive part of the sentence was complete. The earlier panel had advised his reclassification from security … Continue reading Williams v The Secretary of State for the Home Office: CA 17 Apr 2002
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
Each applicant sought judicial review of the refusal of the tribunal to authorise their release from detention under the 1983 Act, saying that the Tribunal had accepted evidence to a lower standard of proof. Held: Neither the criminal standard of proof nor the level of proof set down in Addington applied. To raise the standard … Continue reading Regina (DJ) v Mental Health Review Tribunal; Regina (AN) v Mental Health Review Tribunal (Northern Region): Admn 11 Apr 2005
The defendant appealed his sentence after conviction for making indeent photographs and pseudo-photographs, saying tha imposition of a restraining order in addition to other sentences was incorrect. Held: The 2003 Act had brought in an extended definition of ‘serious sexual harm’. However at the time when the order wa smposed, the power to make it … Continue reading Monument v Regina: CACD 21 Jan 2005
In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO obtained search warrants and executed them. The company challenged the release of the documents recovered to other government departments. They had … Continue reading Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office: CA 11 Nov 2004
The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same facts. He appealed against his conviction, saying this was an abuse of … Continue reading Regina v J: HL 14 Oct 2004
No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017
The defendant appealed against his conviction for serious sexual offences. The trial was very lengthy after the prosecution introduced bad character evidence from other allegations from some 17 years or more before. Judges: Scott Baker LJ, Rafferty DBE J, Beatson J Citations: [2009] EWCA Crim 905, [2009] 2 Cr App R 16, [2009] Crim LR … Continue reading O’Dowd v Regina: CACD 12 May 2009
The accused had been charged with the murder of an infant who had been given into their care by the child’s mother after payment of a fee. They appealed after admission of evidence that several other infants had been received by the accused persons from other mothers and that their bodies were found buried in … Continue reading Makin v Attorney-General for New South Wales: PC 12 Dec 1893
The defendant appealed the admission of similar fact evidence against him. Acts of buggery were alleged by a schoolmaster with boys in which the accused was the passive partner. Held: In order to be admissible similar facts must bear a striking similarity to the facts of the case currently before the court.Lord Morris of Borth-y-Gest … Continue reading Regina v Boardman: HL 1974
The court considered appeals by the Attorney-General against sentences considered to be too lenient, and in particular where a community penalty had been imposed rather than a sentence of immediate imprisonment. Held: The Court emphasised the need for the strict care to be taken in selecting such cases, for appeal. The court should not interfere … Continue reading Attorney General’s Reference v Nos. 31, 45, 43, 42, 50 and 51 of 2003; Regina v McInerney; Regina v McLean: CACD 16 Jul 2004
The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each was of good character, and the suspicion was based solely on their opportunity to have access … Continue reading Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003
Two defendants appealed in respect of alleged offences under common law of causing a public nuisance. One had sent race hatred material, and the other bomb hoaxes, through the post. Both claimed that the offence was so ill defined as to be an infringement of their rights. Held: The offence of causing a public nuisance … Continue reading Goldstein, Rimmington v Regina: CACD 28 Nov 2003
PC (Jamaica) The defendants appealed against their convictions for capital murder. Held: The appeals were allowed, and non-capital convictions substituted. It is not enough to comply with section 2(2), for the judge to give directions to the jury about the law of joint enterprise and as to whether the murder was committed in the circumstances … Continue reading Hunter, Moodie v The Queen: PC 8 Oct 2003
There had been a racist attack. The victim was set on fire and killed in the street by assailants. His relatives sought compensation. However the assailants were not agents of the state and they were duly prosecuted, convicted and sentenced. No blame attached to state authorities for the killing and no breach of the state’s … Continue reading Menson v United Kingdom: ECHR 6 May 2003
Challenge to a series of interim sexual risk orders (‘ISROs’) made pursuant to section 122E of the Sexual Offences Act 2003 Judges: Mr Justice Fordham Citations: [2022] EWHC 1176 (Admin) Links: Bailii Jurisdiction: England and Wales Criminal Practice Updated: 08 June 2022; Ref: scu.677846
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. He wanted a consideration which would parallel the new won rights of review for … Continue reading Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003
The court rejected a challenge to the Home Secretary’s decision to substitute a period of 18 months for the 9 months recommended by the Parole Board to be passed in open conditions before the prisoner’s next review. ‘[The right not to be detained arbitrarily] can be breached as a matter of law if the Home … Continue reading Spence, Regina (on the Application of) v Secretary of State for the Home Department: CA 23 May 2003
Certification of point of law for an appeal to the House of Lords: ‘Whether it is an abuse of process for the Crown to prosecute a charge of indecent assault under Section 14(1) of the Sexual Offences Act 1956 in circumstances where the conduct upon which that charge is based is an act of unlawful … Continue reading Regina v Jones: CACD 16 Jan 2003
The defendants appealed their sentences for possession and distribution of indecent images of children. The court gave detailed sentencing guidelines for the offences. Distinctions were made for the gradations of pornography, from erotic posing only, to depictions of sexual activity between children, to non-penetrative sexual activity between adults and children, to penetrative activity, and lastly … Continue reading Regina v Oliver etc: CACD 21 Nov 2002
Application, brought by the Solicitor General, under section 36 of the Criminal Justice Act 1988, for leave to refer a sentence which he considers to be unduly lenient. The sentence was passed on the offender after the offender had pleaded guilty to five offences, counts 2, 6, 7, 8 and 9 of sexual activity with … Continue reading Sargent, Regina v: CACD 21 Aug 2018
The claimant had sued her former employer for post-traumatic stress resulting from alleged harassment at her place of work. The claimant appealed against an order refusing damages. The court had held that outside the 1997 Act which was not in force at the time, there was no tort of harassment. The question was the extent … Continue reading Wong v Parkside Health NHS Trust and Another: CA 16 Nov 2001
There was no human rights breach where the victims of sex abuse had been refused a right to sue for damages out of time. The question is whether and to what extent differences in otherwise similar situations justify a different treatment in law: ‘Limitation periods in personal injury cases are a common feature of the … Continue reading Stubbings and Others v The United Kingdom: ECHR 22 Oct 1996
The applicant was sentenced to two years’ imprisonment for theft. He had a previous convictions and was thought to have a persistent tendency to crime, and was placed at the government’s disposal for 10 years on that ground. This was subject to appeal, and was classified not as a security measure but as a penalty … Continue reading Van Droogenbroeck v Belgium: ECHR 24 Jun 1982
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998
For the purposes of the Criminal Injuries Compensation Scheme, a juvenile but willing participant in an act of buggery, is not deemed to be a victim of a crime of violence. The purpose of the section is to disapprove of such activity in general, and therefore neither participants is to be seen as a victim. … Continue reading Regina – v- Criminal Injuries Compensation Appeals Panel, ex parte August; Similar: CA 18 Dec 2000
(Scotland) A detention in hospital which was capable of preventing the deterioration of a psychopathic disorder in a patient was sufficient to bring his detention within the requirement for treatment which might alleviate a condition, which phrase has a wide meaning. ‘Medical treatment’ could include treatment which alleviates or prevents a deterioration of the symptoms … Continue reading Hutchison Reid v Secretary Of State For Scotland and Another: HL 5 Feb 1998
Evidence of a complainant’s distress is not admissible unless the complainant is unaware of being observed, and if the distress is exhibited at the time of, or shortly after, the offence itself, or in circumstances which appear to implicate the accused. ‘In normal cases, however, the weight to be given to distress varies infinitely, and … Continue reading Regina v Chauhan: CACD 1981
Appeal from conviction of an offence of sexual activity with a child, contrary to section 9 of the Sexual Offences Act 2003. Judges: Lord Justice Holroyde Mr Justice Lavender Mrs Justice Ellenbogen DBE Citations: [2021] EWCA Crim 222 Links: Bailii, Judiciary Jurisdiction: England and Wales Crime Updated: 23 May 2022; Ref: scu.674617
The defendants were charged after pasting up in telephone booths advertisements for homosexual services. They published a magazine with similar advertisements. The House was asked to confirm the existence of an offence of outraging public decency. Held: There now exists no power in the courts to create new criminal offences. A new criminal offence could … Continue reading Regina v Knuller (Publishing, Printing and Promotions) Ltd; Knuller etc v Director of Public Prosecutions: HL 1972
When assessing whether the defendant’s right to a trial within a reasonable time had been infringed, the court should look as from the date at which he was charged, or served with a summons, and not from the date of the first interview. Although a suspect could suffer material prejudice from the date of the … Continue reading Attorney General’s Reference (No 2 of 2001): CACD 12 Jul 2001
The court allowed an appeal against conviction on charges of sex abuse where the underlying offences had taken place many years before. ‘In this case it has to be recognised that because of the delay that occurred, in our judgment the appellant was put in an impossible position to defend himself. He was not . … Continue reading Regina v B: CACD 2003
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The defendant appealed a sentence of six years detention in a young offender institution for oral rape. Held: The court should make no distinction in penalty between vaginal, anal or oral rape. The dangers might be different, but they remained real. Cases will vary in the offensiveness to the victim and courts should recognise the … Continue reading Regina v Ismail: CACD 15 Feb 2005
The claimant suffered psychiatric injury in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had later gone on to kill another person, and he had been detained under section 41. He now sought damages for his loss of earnings through detention in prison and mental hospital. … Continue reading Gray v Thames Trains and Others: HL 17 Jun 2009
