The causing or inciting required as part of an offence under section 8(1) must be intentional, ie. deliberate; recklessness or less will not do. Judges: Hughes LJ Citations: [2008] QB 43 Statutes: Sexual Offences Act 2003 8(1) Cited by: Cited – Regina v Grout CACD 1-Mar-2011 The defendant appealed against conviction of intentionally causing a … Continue reading Regina v Head: 2008
Section 8(1) of the SOA creates two basic offences. In the first case a defendant must intentionally cause a child (B) to engage in ‘sexual activity’. In the second a defendant must intentionally incite a child (B) to engage in ‘sexual activity’. In the latter case the essence of the offence is the intentional ‘incitement’, … Continue reading Regina v Walker (Simon John): CACD 2006
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 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
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 had been convicted of posing as a solicitor in order to commit frauds. He appealed, saying that the court had wrongly admitted evidence of his dealings with illegal immigrants. Held: The evidence admitted was highly relevant as evidence of bad character. The section has to be applied after a fact-specific exercise. The court … Continue reading Tirnaveanu, Regina v: CACD 24 May 2007
The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of the decisions. They had been convicted and sentenced to terms of imprisonment which were at first condition, but were now to be served. The appellants contende dthat the European … Continue reading Goluchowski and SAS v District Court and Circuit Court In Poland: SC 29 Jun 2016
Police had discovered quantities of stolen goods at the appellant’s business premises. He was convicted of receiving stolen goods, and confiscation order made. He now appealed from the inclusion in that order of sums of VAT which had already been accounted for to HMRC. Held: (Hughes and Toulson JJSC dissenting) The defendant’s appeal succeeded. Including … Continue reading Harvey, Regina v: SC 16 Dec 2015
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004
The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was prevented from recovering possession by section 72 of the 2003 Act. Though his claim had . .
