Category: Crime

Regina v Gallo: 2005

The court considered when the inconsistenceis in a prosecution became such as to require the judge to intervene in what was otherwise a jury question.
Held: In exceptional cases ‘where the inconsistencies (whether in the witness’s evidence viewed by itself or between him and other prosecution witnesses) are so great that any reasonable tribunal would be forced to the conclusion that the witness is untruthful. In such a case (and in the absence of other evidence capable of founding a case) the judge should withdraw the case from the jury’.

Citations:

[2005] EWCA 242

Jurisdiction:

England and Wales

Cited by:

Cited – H, Regina v CACD 25-Apr-2006
The defendant youth appealed his conviction and sentence for rape by oral penetration of a six or seven year old boy. He complained that the evidence contained such inconsistences that the case should not have proceeded. Complaint was also made that . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 22 October 2022; Ref: scu.241327

Meeking, Regina v: CACD 29 Feb 2012

The defendant passenger pulled on the handbrake at speed and caused a crash which her husband, the driver could not prevent. She was charged with manslaughter.

Judges:

Toulson LJ, Kenneth Parker J, Barker QC J Common Serjeant

Citations:

[2012] EWCA Crim 641, [2012] 1 WLR 3349, [2013] RTR 4, [2012] WLR(D) 60

Links:

Bailii

Statutes:

Road Traffic Act 1988 22(A)(1)(b)

Jurisdiction:

England and Wales

Cited by:

Cited – Hughes, Regina v SC 31-Jul-2013
Uninsured Driver Not Guilty of Causing Death
The appellant though an uninsured driver, was driving without fault when another vehicle veered across the road. The other driver died from his injuries, and the appellant convicted of causing his death whilst uninsured. At trial he succeeded in . .
Lists of cited by and citing cases may be incomplete.

Crime, Road Traffic

Updated: 22 October 2022; Ref: scu.457702

Lauchlan and Another v HM Advocate: HCJ 19 Apr 2012

Citations:

[2012] ScotHC HCJAC – 51

Links:

Bailii

Citing:

See Also – Lauchlan and Another v HM Advocate HCJ 5-Jun-2009
The appellants were charged with murder. They appealed against an extension of time given to allow the prosecution to proceed.
Held: The appeal failed. . .
See Also – HM Advocate v Lauchlan and Another SCS 17-Jul-2009
Decision as to preliminary issues raised. . .
See Also – HM Advocate v Lauchlan and Another HCJ 14-Jan-2010
. .
See Also – HM Advocate v Lauchlan and Another HCJ 2-Jul-2010
. .
See Also – Lauchlan and Another v Her Majesty’s Advocate HCJ 8-Feb-2012
. .

Cited by:

See Also – O’Neill v The United Kingdom ECHR 13-Nov-2012
. .
See Also – O’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and . .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime

Updated: 21 October 2022; Ref: scu.457594

Barclay and Others v HM Advocate: HCJ 11 Apr 2012

Citations:

[2012] ScotHC HCJAC – 47

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Cited – Saunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 21 October 2022; Ref: scu.457591

QSA and Others, Regina (on The Application of) v Secretary of State for The Home Department and Another: CA 10 Feb 2020

The claimants appealed from rejection of their challenge to rules as to the retention despite the passages of several years of records of their multiple convictions for minor prostitution related offences. The records were retained because there was more than one conviction, and the continued retention infringed their human rights, being discriminatory.
Held: The appeals failed.

Citations:

[2020] EWCA Civ 130

Links:

Bailii

Jurisdiction:

England and Wales

Crime, Human Rights

Updated: 21 October 2022; Ref: scu.648160

O’Riordan v Director of Public Prosecutions: Admn 19 May 2005

An offender had absconded with a child and was to be prosecuted for sex offences against her. The police circulated all the journalists who had had contact to say that an identification of the defendant would also identify the girl. The defendant here, the editor of a magazine was not so informed. She published the name, and a photograph of the girl, and now appealed her conviction for offences under the 1992 Act.
Held: The appeal was dismissed. There existed strong grounds on which a suspicion that an allegation of sexual misconduct against this girl could properly be based. ‘It was, if there was any doubt about the matter, clearly open to the defendant to make enquiries of the police in order that she might be equipped with all that information, to which I have referred, which had been circulated to persons other than her by e-mail and otherwise.’

Judges:

Rose LJ, Crane J

Citations:

[2005] EWHC 1240 (Admin)

Links:

Bailii

Statutes:

Sexual Offences (Amendment) Act 1992, European Convention on Human Rights 10

Jurisdiction:

England and Wales

Citing:

Cited – Attorney-General v Greater Manchester Newspapers Ltd QBD 4-Dec-2001
The defendant newspaper had published facts relating to the whereabouts of two youths protected by injunction against the publication of any information likely to lead to their location. The injunction was not ambiguous or unclear. ‘Likely’ did not . .
Cited – Brown v United Kingdom ECHR 2-Jul-2002
Article 6(2) of the Convention was not violated by a provision which enabled a newspaper proprietor or publisher to escape strict liability under section 4(5) of the Sexual Offences (Amendment) Act 1976 only if he proved, on the balance of . .
Cited – Regina v Shayler HL 21-Mar-2002
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights, Media

Updated: 20 October 2022; Ref: scu.227055

SR, Regina v: CACD 10 Dec 2019

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 summed up the facts of the case in an unbalanced way, thereby undermining the appellant’s case

Citations:

[2019] EWCA Crim 2225

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 20 October 2022; Ref: scu.647056

Miah, Regina v: CACD 16 Mar 2018

‘The issue raised on this appeal against conviction, for which this court has granted leave, relates entirely to the adequacy of the summing-up. It is the contention of the appellant that the summing-up gave wholly inadequate and indeed incorrect directions on the law, including a failure to direct the jury correctly on the issue of standard of proof; was unstructured and unfocused; and, furthermore, was unbalanced and one-sided to the point of ostensible bias such that the defence case was unfairly disparaged and belittled so as irremediably to prejudice the defence case. It therefore is said overall that the summing-up was so deficient as to give rise to a conviction that is unsafe.’

Judges:

Davis LJ, McGowan DBE J, Patrick Field QC HHJ

Citations:

[2018] EWCA Crim 563

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 19 October 2022; Ref: scu.624037

Addison v HM Advocate: HCJ 8 Oct 2014

Appeal against conviction for murder: ‘on two grounds, namely; (1) that he suffered a miscarriage of justice as a result of defective representation; and (2) that while awaiting trial he was deprived of the opportunity to instruct senior counsel of his choice.
Lord Justice General said: ‘The Law Society of Scotland Practice Rules 2011 provide that if a case requires appearance in a superior court, the solicitor must advise his client that it is for the client to decide whether a solicitor-advocate or counsel is instructed (rule B8.4.l(b)). That is a sound rule as far as it goes; but the decision of the client on [whether a solicitor advocate or counsel is instructed] must be an informed decision. To make such a decision the client must be advised of his options for representation. A mere recital of those options is no more than a formality if it is not supplemented by advice, a point on which the Practice Rules are silent. In my view, it is the duty of the accused’s solicitor to take all reasonable steps to ascertain which members of the Bar and solicitor advocates experienced in this area are, or may be, available to conduct the defence. Only then can a worthwhile decision on representation be made.
The observance of these duties may present the accused’s solicitor with a conflict of interest, especially if he is a solicitor advocate or if a senior member of his firm is a solicitor advocate. This court has already adverted to the latter problem in Woodside v HM Advocate 2009 SCCR 350 (at paras 71-74). It is a matter for concern that it continues. Even where there is no such obvious conflict of interest, the solicitor may nonetheless find it difficult to give wholly objective advice as to the choice of defender from those who are available. In the event, any advice that he gives may be thought to lack the appearance of objectivity.’

Judges:

Lord Justice General, Lord Justice Clerk, Lord Brodie

Citations:

[2014] ScotHC HCJAC – 110, 2014 GWD 32-626, 2014 SLT 995, 2015 JC 107, 2014 SCCR 608, 2014 SCL 835

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Maguire, Re Application for Judicial Review (Northern Ireland) SC 21-Mar-2018
The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Legal Professions

Updated: 19 October 2022; Ref: scu.537443

Regina v Bham: CCA 1965

A Mohammedan leader of a Muslim religious sect was charged with and convicted of the offence of solemnising a marriage other than in a licensed building. The service had been a Nichan in a private house, performed in accordance with Islamic law and would have created a potentially polygamous marriage.
Held: The Court allowed the defendant’s appeal against his conviction. He had never intended to effect an English marriage, nor had purported to do so. The Court described his counsel’s submissions as correct that:
‘ . . the Marriage Act 1949 . . is dealing throughout with marriages as known to and permitted by English domestic law . . It does not seem to the court that the provisions of the Act have any relevance or application to a ceremony which is not and does not purport to be a marriage of the kind that is allowed by English domestic law. That this was a ceremony under the Islamic law admits of no doubt . . but unless the ‘marriage’ purporting to be solemnised under Islamic law is also a marriage of the kind allowed by English law, it is not a marriage with which the Marriage Act 1949 is concerned . . What, in our judgment, was contemplated by this Act and its predecessors in dealing with marriage and its solemnisation and that to which alone it applies was the performing in England of a ceremony in a form known to and recognised by our law as capable of producing, when there performed, a valid marriage. For the Act to have any application to the ceremony, in our judgment, [it] must at least be one which will prima facie confer the status of husband and wife on the two persons.’
Thompson J stated that: ‘for the Act to have any application, the ceremony in our judgment . . must be at least one which will prima facie confer the status of husband and wife on the two persons’. As this was not the case, the conviction could not stand.

Judges:

Thompson J

Citations:

[1966] 1 QB 159

Statutes:

Marriage Act 1949

Jurisdiction:

England and Wales

Cited by:

Cited – Her Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 17 October 2022; Ref: scu.648164

Murphy, Regina v: CACD 12 Feb 2020

Appeal against conviction, raising issues as to the proper application of s.100 of the Criminal Justice Act 2003: the admission of a non-defendant’s bad character. In this case, a defence witness.

Judges:

Lord Justice Simon

Citations:

[2020] EWCA Crim 137

Links:

Bailii

Statutes:

Criminal Justice Act 2003 100

Jurisdiction:

England and Wales

Crime, Criminal Evidence

Updated: 16 October 2022; Ref: scu.647457

Sepulvida-Gomez v Regina: CACD 6 Dec 2019

Appeal against both conviction and sentence. The appeal against conviction raises a point about the effect of inadmissible opinion evidence given by prosecution witnesses on the safety of the conviction. The appeal against sentence raises issues about the meaning of ‘forced/uninvited entry into victim’s home’ and ‘victim is particularly vulnerable due to personal circumstances’ for the purposes of factors indicating harm category 2 of the Sentencing Council Definitive Guideline for the offence of assault by penetration.

Citations:

[2019] EWCA Crim 2174, [2019] 4 WLR 11

Links:

Bailii

Jurisdiction:

England and Wales

Crime, Criminal Sentencing

Updated: 16 October 2022; Ref: scu.647055

Kenward and Another, Regina (on The Application of) v The Director of Public Prosecutions and Another: Admn 4 Dec 2015

The claimants challenged the policy issued by the DPP on assisted suicide following the Nicklinson case.
Held: The request for judicial review was refused.
Sir Brian Leveson P said: ‘It is important not to misunderstand the effect either of the policy or the impact of the amendment to the policy introduced by the DPP. The policy does not remove bright lines where previously they existed and no assistance or encouragement is rendered lawful that previously was unlawful. The gradation between circumstances in which it is appropriate to prosecute and those in which it is not, will always involve a very detailed consideration of all the facts and, ultimately, a balanced judgement: it is for that reason that I set out all the factors set out in the policy that fall to be considered. Neither does the policy impact on the view which professional regulatory bodies are entitled to take about the obligations and responsibilities of those whom they regulate: the criminal law identifies minimum standards of behaviour and professional requirements may well be set at a higher level. Thus, although I recognise that Mr and Mrs Kenward hold very strong views, I do not accept that this policy provides support for the proposition that those views will not be respected by all with whom they come into contact.’

Judges:

Sir Brian Leveson P BD, Wilkie, Cranston JJ

Citations:

[2015] EWHC 3508 (Admin)

Links:

Bailii

Statutes:

Suicide Act 1961, Coroners and Justice Act 2009

Jurisdiction:

England and Wales

Citing:

Cited – Nicklinson and Another, Regina (on The Application of) SC 25-Jun-2014
Criminality of Assisting Suicide not Infringing
The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to . .
Cited – Regina (on the Application of Pretty) v Director of Public Prosecutions and Secretary of State for the Home Department HL 29-Nov-2001
The applicant was terminally ill, and entirely dependent upon her husband for care. She foresaw a time when she would wish to take her own life, but would not be able to do so without the active assistance of her husband. She sought a proleptic . .
Cited – Pretty v The United Kingdom ECHR 29-Apr-2002
Right to Life Did Not include Right to Death
The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not . .
Cited – Hasan and Chaush v Bulgaria ECHR 26-Oct-2000
The Grand Chamber considered executive interference in the appointment of the Chief Mufti of the Bulgarian Muslims: ‘Where the organisation of the religious community is at issue, Article 9 must be interpreted in the light of Article 11 of the . .
Cited – Purdy, Regina (on the Application of) v Director of Public Prosecutions HL 30-Jul-2009
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 . .
Cited – Nicklinson and Another, Regina (on The Application of) v A Primary Care Trust CA 31-Jul-2013
The claimant had suffered a severe form of locked-in syndrome, and would wish to die. He sought a declaration that someone who assisted him in his siuicide would not be prosecuted for murder.
Held: The position in law that voluntary euthanasia . .
Cited – Plantagenet Alliance Ltd, Regina (on The Application of) v Secretary of State for Justice and Others QBD 23-May-2014
The parties disputed the final resting place of the newly discovered body of King Richard III. The claimants argued for the burial to be in York, and said that the respondents had failed to consult adequately.
The court set out the principles . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 16 October 2022; Ref: scu.556470

M and Others, Regina (on the Application Of) v Revenue and Customs and others: CA 6 Mar 2007

The applicants complained that though none of them was suspected of terrorist activity, their finances had been restricted because of their family connections with Osama Bin Laden.

Judges:

Maurice Kay LJ, Wilson LJ, Sir Peter Gibson

Citations:

[2007] EWCA Civ 173

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – M and others v HM Treasury Admn 22-Sep-2006
The claimants sought payment of benefits. They would otherwise have been entitled, and were not suspected themselves, but were family members of persons listed as suspected terrorists under the Resolution, and had been denied benefits acordingly. . .

Cited by:

Appeal from – M, Regina (on the Application of) v Her Majestys Treasury HL 30-Apr-2008
The House referred to the ECJ a question about the implementation of UN resolutions imposing sanctions on Al-Qa’ida. . .
At Court of Appeal – M (FC) and Others v Her Majesty’s Treasury (Common Foreign And Security Policy) ECJ 14-Jan-2010
Europa Restrictive measures directed against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban Prohibition of making funds available for the benefit of persons and . .
At Court of Appeal – M (FC) and Others (Common Foreign And Security Policy) ECJ 29-Apr-2010
Control of Funds of Terrorist Associates
ECJ Common foreign and security policy – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Freezing of funds and economic resources – . .
Lists of cited by and citing cases may be incomplete.

Crime, Benefits

Updated: 15 October 2022; Ref: scu.250584

Director of Public Prosecutions v Haw: Admn 6 Aug 2007

The defendant had held a permanent demonstration in Parliament Square against the war in Iraq. The prosecutor appeal against the dismissal of its allegations under the 2003 Act.
Held: The Commisioner was able to delegate his own power to set conditions for demonstrations in Parliament square and the conditions were lawful.

Judges:

Lord Phillips CJ

Citations:

[2007] EWHC 1931 (Admin), Times 11-Sep-2007

Links:

Bailii

Statutes:

Serious Organised Crime and Police Act 2005 134

Jurisdiction:

England and Wales

Crime, Police

Updated: 14 October 2022; Ref: scu.258825

Director of Public Prosecutions v Uddin: Admn 8 Jun 2006

Prosecutor’s appeal by case stated against dismissal of charge of taking vehicle without the owner’s consent. Officer’s fleeting sight of defendant who was known to him driving.

Citations:

[2006] EWHC 1523 (Admin)

Links:

Bailii

Statutes:

Theft Act 1968 12(1)

Jurisdiction:

England and Wales

Citing:

Cited – Bracegirdle v Oxley and Cobley 1947
The facts proved or admitted pointed inescapably to the conclusion that the drivers had driven dangerously. But the justices, in defiance of Divisional Court authority, concluded that the driving was not dangerous. The point has been decided . .
Cited – Regina v Turnbull and Another etc CCA 9-Jun-1976
The defendants appealed against their convictions which had been based upon evidence of visual identification.
Held: Identification evidence can be unreliable, and courts must take steps to reduce injustice. The judge should warn the jury of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 14 October 2022; Ref: scu.242950

London Borough of Haringey v Michniewicz: Admn 14 Jun 2004

The defendant was accused of unlicensed street trading. He had placed a car on the street with a sign to say that it was for sale.
Held: The offering of just one vehicle was sufficient to constitute the offence.

Judges:

Rose LJ, Holland J

Citations:

Times 08-Jul-2004, [2004] EWHC 1728 (Admin)

Links:

Bailii

Statutes:

London Local Authorities Act 1990 38

Jurisdiction:

England and Wales

Cited by:

Cited – Onasanya v London Borough of Newham Admn 14-Jul-2006
The defendant had tried to sell his car by placing a notice in a rear window saying it was for sale, and leaving it on the street.
Held: The authority said that there was more than one purpose in the vehicle being left on the street, and that . .
Lists of cited by and citing cases may be incomplete.

Crime, Licensing

Updated: 14 October 2022; Ref: scu.226887

CS and Another, Regina v: CACD 5 Feb 2021

‘separate and otherwise unconnected applications for permission to rely on fresh evidence, and permission to appeal against conviction and sentence, have been heard together because they raise similar issues in relation to the prosecution of victims of trafficking. Those issues include the availability of the statutory defence under section 45 Modern Slavery Act 2015 in respect of the alleged commission of offences before the section came into force.’

Judges:

Lady Justice Thirlwall

Citations:

[2021] EWCA Crim 134

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 13 October 2022; Ref: scu.658690

McCann and Others, Regina v: CACD 11 Dec 2020

Whether whole life order appropriate on sentencing for serious sexual offences.

Judges:

Lord Burnett of Maldon CJ, Dame Victoria Sharp P, Fulford LJ, Choudhury, Cutts JJ

Citations:

[2020] WLR(D) 675, [2020] EWCA Crim 1676

Links:

Bailii, WLRD, Judiciary

Statutes:

Criminal Justice Act 1988 35 36

Jurisdiction:

England and Wales

Citing:

Applied – Burinskas, Regina v, (Attorney General’s Reference (No 27 of 2013)) CACD 4-Mar-2014
Effect upon sentencing of amendments to dangerous offender provisions . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 13 October 2022; Ref: scu.657280