DD and Another v Secretary of State for the Home Department: SIAC 27 Apr 2007

SIAC considered the difficulties particular to the return of nationals to Libya.

Judges:

Ouseley J

Citations:

[2007] UKSIAC 42/2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedRegina v Lancashire County Council ex parte Huddleston CA 1986
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into . .

Lists of cited by and citing cases may be incomplete.

Immigration, Crime

Updated: 27 January 2022; Ref: scu.251838

Regina v Marchant and Another: CACD 21 Jul 2003

The second defendant, a farmer, employed the first defendant, inter alia, to drive his tractor. The tractor, when fitted up was necessarily dangerous, but was licensed to be driven on the roads. There was a fatal accident on the highway. The defendants appealed from convictions for causing death by dangerous driving.
Held: The Court concluded that the prosecution should not have sought a conviction on the ‘dangerous condition’ case and that the Learned Recorder should not have allowed them to do so. The appeals were allowed and the conviction quashed. Though a driver could not escape criminal liability for taking a dangerous vehicle onto the road merely because the vehicle was licensed in that condition by the Secretary of State, prosecutors should take particular care before deciding to prosecute in such circumstances.
‘in the particular circumstances of this case, some reference to the fact that this was an authorised vehicle in its ‘inherent’ condition was appropriate and indeed desirable in assisting the jury in its approach to the question whether the state of the vehicle was ‘obviously dangerous to a competent and careful driver’. Where the state of a vehicle is inherent and the vehicle is authorised for use on the road and is being used in a rural area in which agricultural machinery is frequently driven along country roads, we consider that some reference to these facts should be made to the jury. The statement that authorisation under the Regulations is no defence to the charge without more may indicate that it is of absolutely no relevance.’

The Vice President (Lord Justice Rose) Mr Justice Grigson Mr Justice Beatson
[2003] EWCA Crim 2099, [2004] 1 All ER 1187, [2004] 1 WLR 442
Bailii
Road Traffic Act 1988 1 40A 41 44, Motor Vehicles (Authorisation of Special Types) General Order 1979 13C
England and Wales
Citing:
CitedRegina v Morris CACD 2002
The meaning of the word ‘obvious’ in a statute was in itself so clear that it should not be defined for a jury. . .
CitedRegina v Strong 1995
‘obvious to a careful and competent driver’ refers to a dangerous state which would be ‘seen or realised at first glance’ . .
CitedWood v Milne QBD 1987
The ‘state of the vehicle’ includes the manufactured condition of the vehicle. As a matter of construction, it was not necessary to prove a lack of maintenance in order to prove a breach of the Regulations . .

Lists of cited by and citing cases may be incomplete.

Crime, Road Traffic

Updated: 27 January 2022; Ref: scu.184883

Shepherd v The Information Commissioner: CACD 18 Jan 2019

The defendant had been part of an organisation subject to an investigation of child sex abuse. He was cleared of involvement, but had disseminated the confidential reports containing sensitive personal data to support his contention that the process was being misused. He appealed from his conviction under the 1998 Act, saying that the burden of proof on him raising a defence was evidential, and not legal as had been applied by the court.
Held: The appeal was allowed. s.55(2) imposes no more than an evidential burden of proof.

Davis LJ, Jay J, Judge Dean QC
[2019] EWCA Crim 2, [2019] WLR(D) 32
Bailii
Data Protection Act 1998 55
England and Wales
Citing:
CitedRegina 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 . .
CitedRegina v S (Trade Mark Defence) (Roger Sliney v London Borough of Havering) CACD 20-Nov-2002
The defendant alleged that the offence of which had been convicted, under the 1994 Act, infringed his rights under article 6.2 in reversing the burden of proof.
Held: The principle that the duty of proof lay on the prosecution was subject to . .
CitedRegina v Johnstone HL 22-May-2003
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act . .
CitedSheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002 HL 14-Oct-2004
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: . .

Lists of cited by and citing cases may be incomplete.

Crime, Information, Human Rights

Updated: 27 January 2022; Ref: scu.633288

L, Regina v: CACD 22 Jan 2015

The prosecutor appealed against the discharg eof the defendant for having a prohibited weapon, a modified Crossman 2250B carbon dioxide powered .22 calibre gun. It was not in dispute that it was a weapon, barrelled, that .22 air pellets could be discharged, and that it had sufficient power to be lethal. He said that as an air weapon it was incapable of being a prohibited firearm.
Held: The prosecutor’s appeal succeeded.

Rafferty LJ, Foskett J,Carey HHJ
[2015] EWCA Crim 5
Bailii
Firearms Act 1968
England and Wales

Crime

Updated: 27 January 2022; Ref: scu.572388

Pwr and Others v Director of Public Prosecutions: Admn 3 Apr 2020

Lord Justice Holroyde Mr Justice Swift
[2020] EWHC 798 (Admin), [2020] Crim LR 731, [2020] WLR(D) 217, [2020] 2 Cr App R 11, [2020] 1 WLR 3623
Bailii, WLRD
Terrorism Act 2000 13(1), European Convention on Human Rights, Human Rights Act 1998
England and Wales
Cited by:
Appeal fromPwr v Director of Public Prosecutions SC 26-Jan-2022
The appellants carried a flag of the Kurdistan Workers Party, a proscribed organisation at a demonstration, and were convicted of a section 13(1) offence. The Crown Court dismissed their appeals, holding that section 13(1) created an offence of . .

Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 27 January 2022; Ref: scu.649806

Pwr v Director of Public Prosecutions: SC 26 Jan 2022

The appellants carried a flag of the Kurdistan Workers Party, a proscribed organisation at a demonstration, and were convicted of a section 13(1) offence. The Crown Court dismissed their appeals, holding that section 13(1) created an offence of strict liability meaning that the offence did not require knowledge of the import of the article displayed, or of its capacity to arouse reasonable suspicion that he or she was a member or supporter of a proscribed organisation, and that section 13(1) was not incompatible with the right to freedom of expression.
Held: The appeals were dismissed.
The defendant must know that he is displaying the relevant article, but no extra mental element is required beyond this. The offence is one of strict liability. The presumption for mens rea is rebutted by necessary implication from the use of the phrase reasonable suspicion, and requiring mens rea would render incoherent what is otherwise a calibrated and rational scheme of proscribed organisation offences in the 2000 Act. The Act was concerned with the effect on other people rather than the intention or knowledge of the defendant.

Lord Lloyd-Jones
Lady Arden
Lord Hamblen
Lord Burrows
Lady Rose
[2022] UKSC 2
Bailii
Terrorism Act 2000 13(1), European Convention on Human Rights 10
England and Wales
Citing:
Appeal fromPwr and Others v Director of Public Prosecutions Admn 3-Apr-2020
. .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 January 2022; Ref: scu.671615

Tesco Stores Ltd v Brent London Borough Council: QBD 16 Feb 1993

An employee’s actual knowledge of and information about the age of a video purchaser could properly be imputed to his employer company.

Gazette 07-Apr-1993, Times 16-Feb-1993, [1993] 1 WLR 1037
Video Recordings Act 1984 11(1) 11(2)(b)
England and Wales
Cited by:
CitedInterfact Ltd and Another v Liverpool City Council Admn 23-May-2005
The defendants, operators of licensed sex shops, appealed convictions for offences under the Act. The shops had supplied videos rated R*18 by mail order from the shops. The Trading Standards Officer said this did not satisfy the requirement that . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 26 January 2022; Ref: scu.89773

Qosja, Regina v: CACD 22 Sep 2016

The defendant appealed against his conviction for stalking under the 1977 Act, saying that the complainant had been put in fear on only one occasion.
Held: The appeal failed: ‘a plain and natural reading of the wording of section 4A (1)(b) (i) of the Protection from Harassment Act 1997 reveals that the section is wide enough to look to incidents of violence in the future and not only to incidents giving rise to a fear of violence arising directly out of the incident in question. Nor is there any requirement for the fear to be of violence on a particular date or time in the future, or at a particular place or in a particular manner, or for there to be a specific threat of violence. There can be a fear of violence sufficient for the statute where that fear of violence is of violence on a separate and later occasion. The position can be tested simply by reference to the example of somebody saying ‘I’ll come back and get you’.’

David LJ, Carr DBE, Patterson DBE JJ
[2016] EWCA Crim 1543
Bailii
Protection from Harassment Act 1977 4A(1)(b)(i)
England and Wales

Crime

Updated: 24 January 2022; Ref: scu.570555

France v Regina: CACD 27 Oct 2016

The appellant had been convicted of encouraging a police officer to commit the offence of misconduct in public office by paying him for stories for the Sun newspaper.
Held: The appeal succeeded: ‘more detailed instruction as to the factors relevant to the question of the public interest were required on the facts of this case so that the jury could weigh carefully the seriousness of the breach. As part and parcel of that direction, the jury should have been directed to consider whether the information passed was so trivial or inconsequential that the public interest could not, in the particular circumstances of the case, be harmed. The reference to ‘confidential information’ in . . the written directions for the jury . . was potentially misleading: it should either have been removed or further explained. The written directions also placed the issue of ‘reasonable excuse or justification’ as part of the second element from Chapman, as if consideration of that factor was not relevant to the last element.’

Hallett VP LJ, King, Dove JJ
[2016] EWCA Crim 1588
Bailii
England and Wales

Crime

Updated: 24 January 2022; Ref: scu.570556

Huddart, Regina v: CACD 24 Nov 1998

Appeal against conviction for not having a dog under proper control, it having bitten a third party.
Held: The appeal failed: ‘ the jury were given sufficient guidance as to the approach which they should adopt to the evidence of identification. It was then a matter for them to decide whether they were sure that the dog which bit Mr Falcon was Winston. In our judgment there is no merit in this ground of appeal.’

Pill LJ, Turner J
[1998] EWCA Crim 3342, [1999] EHLR 281, [1999] Crim LR 568
Bailii
England and Wales

Crime

Updated: 24 January 2022; Ref: scu.570335

Riley and Others v Crown Prosecution Service: Admn 18 Oct 2016

The defendants appealed by case stated from convictions under the 2006 Act arising from the treatment of cows including at a slaughterhouse. Arguments were put that the prosecution was time barred.
Held: The court recognsed the limited role of the investigators and the CPS who would eventually institute proceedings. Time started running under s.31(1)(b) of the Act once a suitably qualified CPS employee has knowledge of ‘…evidence which the prosecutor thinks is sufficient to justify the proceedings’, and the case was not time barred.

Gross LJ, Andrews J
[2016] EWHC 2531 (Admin), [2016] WLR(D) 530
Bailii, WLRD
Animal Welfare Act 2006 4(1), Magistrates’ Courts Act 1980 127(1)
England and Wales
Citing:
CitedMorgans v Director of Public Prosecutions QBD 29-Dec-1998
The defendant argued that once the prosecutor had all the material on which the prosecution was eventually brought, then for the purposes of section 11(2) time began to run.
Held: When considering the time limits for a prosecution under the . .
DistinguishedDonnachie, Regina (on the Application of) v Cardiff Magistrates’ Court and Another Admn 16-Mar-2009
A prosecutor for the purposes of the Trade Descriptions Act was the council and not an individual employee. . .
CitedRSPCA v Johnson Admn 16-Oct-2009
Appeal by the RSPCA by way of case stated from a decision refusing to hear an information laid by the Society on the basis that it was out of time. The defendant was a horse owner accused of causing suffering in his horse.
Held: Pill LJ said: . .
CitedLetherbarrow v Warwickshire County Council Admn 15-Dec-2014
This is an appeal by way of case stated from a decision of the Warwickshire Justices to convict the appellant on a number of counts of contraventions of the Animal Welfare Act 2006. It is argued that the prosecution had failed to comply with the . .

Lists of cited by and citing cases may be incomplete.

Crime, Animals

Updated: 24 January 2022; Ref: scu.570265

Paoletti And Others: ECJ 6 Oct 2016

ECJ (Judgment) Reference for a preliminary ruling – Article 6 TEU – Article 49 of the Charter of Fundamental Rights of the European Union – Principle of retroactivity of the more lenient criminal law – Italian nationals having organised the illegal entry into Italy of Romanian nationals – Acts carried out before the accession of Romania to the European Union – Effect of Romania’s accession on the criminal offence of facilitation of illegal immigration – Implementation of EU law – Jurisdiction of the Court

ECLI:EU:C:2016:748, [2016] EUECJ C-218/15
Bailii
Charter of Fundamental Rights of the European Union 49, TEU 6
European

Human Rights, Crime, Immigration

Updated: 24 January 2022; Ref: scu.570141

N Bevan Ltd v Revenue and Customs (Procedure : Other): FTTTx 7 Oct 2016

MONEY LAUNDERING – whether appellant had breached requirements of the Money Laundering Regulations 2007 regarding the carrying out of customer due diligence monitoring business relationships keeping adequate records and maintaining appropriate risk sensitive policies and procedures – yes-whether penalty of andpound;3750 imposed appropriate-penalty reduced to andpound;3094

[2016] UKFTT 674 (TC)
Bailii
Money Laundering Regulations 2007
England and Wales

Crime

Updated: 24 January 2022; Ref: scu.570103

Young v Regina: CACD 7 Sep 2016

This case concerns the effect upon the conviction of the appellant following a guilty plea to an offence of inflicting grievous bodily harm of his subsequent acquittal in relation to an allegation of manslaughter when, 12 years later, the victim died of injuries which had undeniably formed at least a large part of the basis of the original prosecution.

Sir Brian Leveson P QBD, Holroyde, May DBE JJ
[2016] EWCA Crim 1321
Bailii
England and Wales

Crime

Updated: 22 January 2022; Ref: scu.569032

Royal College of Nursing of the United Kingdom v Department of Health and Social Security: HL 2 Jan 1981

The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out by nurses acting on the instructions of such a practitioner.
Held: The phrase ‘treatment for the termination of pregnancy’ meant something broader than the act of termination itself. Rather it contemplated treatment that was in the nature of a team effort, covering the whole process designed to bring about a termination.
The Act was a complete description of what could lawfully be done.
Lord Diplock said: ‘What the Act sets out to do is to provide an exhaustive statement of the circumstances in which treatment for the termination of a pregnancy may be carried out lawfully.’
and ‘The policy of the Act, it seems to me is clear. There are two aspects to it: the first is to broaden the grounds upon which abortions may be lawfully obtained: the second is to ensure that the abortion is carried out with all proper skill and in hygienic conditions.’ and
‘I have spoken of the requirements of the Act as the way in which ‘treatment for the termination of the pregnancy’ is to be carried out rather than using the word ‘termination’ or ‘terminated’ by itself, for the draftsman appears to use the longer and the shorter expressions indiscriminately, as is shown by a comparison between sub-sections (1) and (3) of section 1, and by the reference in the conscience clause to ‘treatment authorised by this Act’. Furthermore if ‘termination’ or ‘terminated’ meant only the event of miscarriage and not the whole treatment undertaken with that object in mind, lack of success which apparently occurs in one or two per cent of cases, would make all who had taken part in the unsuccessful treatment guilty of an offence under section 58 or 59 of the Offences Against the Person Act 1861. This cannot have been the intention of Parliament.’
Lord Wilberforce said, in dissenting: ‘In interpreting an Act of Parliament it is proper, and indeed necessary, to have regard to the state of affairs at the time. Leaving aside cases of omission by inadvertence, when a new state of affairs, or a fresh set of facts bearing on policy, comes into existence, the courts may consider that they fall within the Parliamentary intention, if they fall within the same genus of facts as those addressed. They may also do so if there is a clear purpose in the legislation which can only be fulfilled if the extension is made. How liberally these principles may be applied must depend upon the nature of the enactment, and the strictness or otherwise of the words in which it has been expressed. The courts should be less willing to extend expressed meanings if it is clear that the Act in question was designed to be restrictive or circumscribed in its operation rather than liberal or permissive. They will be much less willing to do so where the subject matter is different in kind or dimension from that for which the legislation was passed. In any event there is one course which the courts cannot take, under the law of this country; they cannot fill gaps; they cannot by asking the question ‘What would Parliament have done in this current case – not being one in contemplation – if the facts had been before it?’ attempt themselves to supply the answer, if the answer is not to be found in the terms of the Act itself.’
Lord Keith said: ”Termination of pregnancy’ is an expression commonly used, perhaps rather more by medical people than by laymen, to describe in neutral and unemotive terms the bringing about of an abortion. So used, it is capable of covering the whole process designed to lead to that result, and in my view it does so in the present context. Other provisions of the Act make it clear that termination of pregnancy is envisaged as being a process of treatment.’

Lord Wilberforce, Lord Diplock, Lord Edmund-Davies, Lord Keith of Kinkel, Lord Roskill
[1981] AC 800, [1981] 1 All ER 545, [1981] 2 WLR 279, [1980] UKHL 10
Bailii
Abortion Act 1967, Offences Against the Person Act 1861 58 59
England and Wales
Citing:
CitedRex v Bourne 1939
An eminent surgeon openly in a public hospital operated to terminate the pregnancy of a 14 year old girl who had become pregnant in consequence of a violent rape.
Held: The court suggested when summing up that there might be a duty in certain . .
Appeal fromRoyal College of Nursing of the United Kingdom v Department of Health and Social Security CA 1981
The College sought clarification of the role to be undertaken by nurses in abortion procedures. Lord Denning MR said: ‘when a pregnancy is terminated by medical induction, who should do the actual act of termination? Should it be done by a doctor? . .

Cited by:
CitedRegina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
CitedAiredale NHS Trust v Bland HL 4-Feb-1993
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 . .
AdoptedRegina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance) HL 13-Mar-2003
Court to seek and Apply Parliamentary Intention
The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act.
Held: The challenge failed. The court was to . .
CitedRegina v Burstow, Regina v Ireland HL 24-Jul-1997
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . .
Cited1 Pump Court Chambers v Horton EAT 2-Dec-2003
The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act.
Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not . .
CitedFitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .
CitedRegina v Dhingra CC 1991
(Crown Court at Birmingham) A doctor who had fitted a patient, with an IUD was charged with an offence under section 58 of the 1861 Act. Having heard medical evidence from two consultant gynaecologists and legal argument the judge withdrew the case . .
CitedQuintavalle v Human Fertilisation and Embryology Authority HL 28-Apr-2005
The parents of a boy suffering a serious genetic disorder sought IVF treament in which any embryo would be tested for its pre-implantation genetic status. Only an embryo capable of producing the stem cells necessary to cure the boy would be . .
CitedOxfordshire County Council v Oxford City Council and others HL 24-May-2006
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a . .
CitedHarding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
CitedH, Regina v (Interlocutory application: Disclosure) HL 28-Feb-2007
The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal.
Held: The practice . .
CitedOffice of Fair Trading v Lloyds TSB Bank PlC and Others HL 31-Oct-2007
The House was asked whether the liability of a credit card company under the 1974 Act applied where the contract was performed abroad and subject to foreign law.
Held: The principle which disapplied an English statute in an extra-territorial . .
CitedHM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .
CitedBritish Pregnancy Advisory Service v Secretary of State for Health Admn 14-Feb-2011
The claimant sought a declaration that the administration of an abortifacient drug was not ‘any treatment for the termination of pregnancy’ for the purposes of section 1 of the 1967 Act, allowing the piloting and possible adoption of early medical . .
CitedEquality and Human Rights Commission v Prime Minister and Others Admn 3-Oct-2011
The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not . .
CitedDoogan and Another v NHS Greater Glasgow and Clyde Health Board SCS 24-Apr-2013
(Extra Division, Inner House) The reclaimers, Roman Catholic midwives working on a labour ward as co-ordinators, sought to assert a right of conscientious objection under the 1967 Act. The respondents said that only those directly involved in the . .
CitedTrail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council and Others CA 20-May-2013
The Fellowship had applied for orders upgrading public rights of way. The council rejected the applications saying that the digital mapping software used to repare the maps submitted were not compliant with the requirements of the legislation. They . .
CitedGreater Glasgow Health Board v Doogan and Another SC 17-Dec-2014
Roman Catholic Midwives, working as Labour Ward Co-ordinators had objected to being involved in an administrative capacity in abortions being conducted by the appellants. The Outer House had said they were not entitled to opt out, but the Inner . .
CitedTransport for London v Uber London Ltd Admn 16-Oct-2015
TFL sought a declaration as to the legality of the Uber taxi system. Otherwise unlicensed drivers took fares with fees calculated by means of a smartphone app. The Licensed Taxi drivers said that the app operated as a meter and therefore required . .
CitedLittlewoods Ltd and Others v Commissioners for Her Majesty’s Revenue and Customs SC 1-Nov-2017
The appellants had overpaid under a mistake of law very substantial sums in VAT over several years. The excess had been repaid, but with simple interest and not compound interest, which the now claimed (together with other taxpayers amounting to 17 . .

Lists of cited by and citing cases may be incomplete.

Health Professions, Constitutional, Crime

Leading Case

Updated: 22 January 2022; Ref: scu.180052

Evon Smith v The Queen: PC 14 Nov 2005

PC (Jamaica) The Board was asked whether the offence was a capital murder. The murder was committed in the course of a burglary. The defendant had stood on a ladder and reached in through a window and attacked the victim with a machete.
Held: (Majority opinion) ‘the offences of burglary and housebreaking both relate to acts of breaking into and entering dwelling houses. The protection of the subsection undoubtedly extends to those who are at risk of being killed by intruders who have broken into their homes for the purpose of stealing from them. But it does not follow that every murder committed within a victim’s own home is a capital murder, nor does it follow that a capital murder is committed by every person who kills after breaking into the victim’s dwelling house. The legislature could have said so if this was its intention, and in this area of the law where the right to life is in issue it had to spell out what it meant with absolute clarity. What it did was to restrict the offence of capital murder to the categories listed in section 2(1), which require more of the intruder to qualify as a capital murderer than the act of breaking into and entering the dwelling house with intent to commit the murder. They require a duality of purpose which is absent from this case. ‘

Lord Steyn, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton, Lord Walker of Gestingthorpe
[2005] UKPC 43, [2006] 1 WLR 243
Bailii, PC
England and Wales
Citing:
CitedWatson v Regina PC 7-Jul-2004
(Jamaica) The defendant was convicted of two murders from the same incident. The Act provided for the death penalty if he was convicted of a second murder. He appealed the death sentence in the circumstances, and said also that it was . .
CitedRegina v Vickers CCA 1957
The appellant, having broken into a dwelling-house to commit burglary, came upon the occupier whom he struck in a way which according to the medical evidence could have been inflicted with a moderate degree of violence. The victim died as a result. . .
CitedLamey v The Queen PC 20-May-1996
(Jamaica) The appellant was convicted of capital murder.
Held: Murder was not a terrorist act where fear caused is merely a by-product of the acts and not directly intended. He had had no intention of putting any member of the public in fear. . .
CitedHM Advocate v Graham HCJ 1958
The accused was said to have stabbed the deceased while in the act of breaking into a public house with intent to steal from it. There was evidence that he was attempting to break in and steal when the fatal struggle took place.
Held: There . .
CitedRegina v Jones 1959
There were two criminal acts and the defendant had two purposes, one ancillary to the other. His primary intention was to steal. Having stolen the money, he then killed as he left the house in order to avoid detection. . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 22 January 2022; Ref: scu.236688

Regina v Yuthiwattana: CACD 1984

The defendant appealed against his convictions under the 1977 Act.
Held: Under section 1(2) the deprivation of occupation for one day was insufficient. To constitute an offence, the deprivation had to take the character of an eviction. However, the appeal against the offence under section 1(3) failed. It was sufficient to establish that the acts, including in this casse an omission to act, complained of were calculated to interfere with the peace and comfort of the occupier and done with the intention of causing him to leave. In this case, the landlord’s failure to replace a lost key was found to be an ‘act’ of harassment against a tenant.

[1984] 128 SJ 661, [1984] Crim LR 562
Protection from Eviction Act 1977 1(2) 1(3)
England and Wales
Citing:
CitedWhitley v Stumbles HL 1930
The case concerned whether, under the Act, an incorporeal right of fishing, demised as part of a lease of an hotel, was part of the ‘premises’ for the purpose of the Act.
Held: The standard conveyancing meaning of the word ‘premises’ has long . .
CitedBracey v Read 1963
A tenancy of land used for training horses was a business tenancy within the 1954 Act. The word ‘premises’ is not defined in the Act. Its legal meaning is the subject matter of the habendum in a lease, and it would cover any sort of property of . .

Cited by:
CitedNational Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe CA 15-May-1997
The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, and two farmhouses. The tenants covenanted not to use the holding for any purpose other than agriculture, to farm it in accordance with the . .
UpheldRegina v Burke HL 24-May-1990
The defendants appealed against their conviction under the 1977 Act.
Held: To amount to harrassment, the actions complained of need not be such as would give rise of themselves to civil or criminal action. . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Crime

Updated: 22 January 2022; Ref: scu.245852