Category: Crime

Salmon and Moore v Her Majesty’s Advocate: HCJ 13 Nov 1998

The court considered the burden of proof placed on the prosecution under s28 of the 1971 Act.
Held: ‘Subsections (2) and (3) of Section 28 are both designed to come into play at a stage when the Crown have proved all that they need to prove in order to establish guilt either of a contravention of Section 4(3)(b) or of a contravention of Section 5(3). ‘

Judges:

Lord Justice General

Citations:

[1998] ScotHC 12, [1998] ScotHC 13

Links:

Bailii, Bailii

Statutes:

Misuse of Drugs Act 1971 28 32(2) 32(3)

Jurisdiction:

Scotland

Citing:

Cited – Regina v Ashton-Rickhardt CACD 1977
. .
Cited – McKenzie v Skeen HCJ 1983
. .
Cited – Regina v Mackenzie HCJ 1989
. .
Cited – Regina v McNamara CACD 1988
In order to establish possession of a controlled drug the Crown merely had to prove that the appellant had the bag in his possession and that the bag in fact contained a controlled drug, in this case cocaine. Thereafter the burden was cast upon the . .
Cited – Regina v Shivpuri HL 15-May-1986
The defendant had been accused of attempting to import controlled drugs, but the substances actually found were not in fact a controlled drug, though he had believed and intended them to be. He appealed saying that he should not be conviced of an . .

Cited by:

Cited – Regina 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 . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 22 September 2022; Ref: scu.171025

Nurse and Canserve Ltd v Republic of Trinidad and Tobago: PC 28 Nov 2019

(Trinidad and Tobago) The board was asked whether on the true interpretation of the legislation, an essential ingredient of statutory importation offences is an individual declarant’s actual knowledge or belief in the falsity of a customs declaration, or the fact that the goods imported in a sealed container constitute goods of another description the importation of which is prohibited.

Judges:

Lord Kerr, Lord Carnwath, Lord Lloyd-Jones, Lady Arden, Lord Kitchin

Citations:

[2019] UKPC 43

Links:

Bailii

Jurisdiction:

Commonwealth

Crime

Updated: 22 September 2022; Ref: scu.645937

Hodge, Regina v: CACD 24 Oct 2018

Appeal from conviction of sex offences including rape.
Held: A man accused of rape and sexual assault was not entitled to the benefit of the myths and stereotypes guidance.

Citations:

[2018] EWCA Crim 2501

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Beale, Regina v CACD 28-Mar-2019
Appeal from sentence on conviction of three counts of perjury and four counts of perverting the course of justice on the basis she had made repeated and false allegations of rape. She was sentenced to a term of ten years, consisting of a total of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 22 September 2022; Ref: scu.633127

Bennett v Regina: CACD 11 Apr 2019

Imprisonment or detention for public protection – aged under 18 when offence committed, but attaining 18 before sentence

Judges:

Sir Brian Leveson P, Jeremy Baker, Simler JJ

Citations:

[2019] 4 WLR 72, [2019] WLR(D) 224, [2019] EWCA Crim 629

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Crime

Updated: 22 September 2022; Ref: scu.637809

Laila Jhina Mawji and Another v The Queen: PC 4 Dec 1956

Eastern Africa – The two defendants, parties to a valid polygamous marriage, appealed against a conviction of conspiracy to obstruct, prevent, pervert or defeat the course of justice by hiding a wall clock they knew was required for the purpose of an inquiry into a criminal offence.
Held: The rule that a husband and wife cannot conspire together ‘is an example of the fiction that husband and wife are regarded for certain purposes, of which this is one, as in law one person’. The words ‘conspires’ and ‘conspiracy’ in English criminal law were not applicable to a husband and wife alone, and the words ‘other person’ in s 110(a) of the penal code of Tanganyika, if English criminal law were to be applied to their ‘interpretation’ or ‘meaning’, could not, in that context, include a spouse.

Judges:

Oaksey, Tucker, Cohen, Keith of Avonholm, Somervell of Harrow LL

Citations:

[1956] UKPC 40, (1957) 41 Cr App R 69, [1957] 2 WLR 277, [1957] AC 126, [1957] 1 All ER 385

Links:

Bailii

Cited by:

Cited – Bala and Others, Regina v CACD 10-May-2016
The court was asked whether parties to a polygamous marriage recognised in Nigeria could be exempt thereby from a charge as co-conspirators because of s2 of the 1977 Act. The judge had held the marriage invalid after finding that the defendant was . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 20 September 2022; Ref: scu.445617

John De Freitas v The Queen: PC 10 Jul 1961

(West Indies)

Citations:

[1961] UKPC 33

Links:

Bailii

Citing:

Appeal from – John De Freitas v The Queen 1960
(West Indian Federal Supreme Court) If the prosecution have shown that the defendant’s actions were not done in self defence, then that issue is eliminated from the case. . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 20 September 2022; Ref: scu.445318

Equality 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 answer hypothetical questions. The objection lay to reactions to anticipated torture and mistreatment by third party countries.
Held: Permission to apply for review was granted, but the review itself was refused. Standing was provided by section 30 of the 2006 Act.
The guidance was addressed to the officers and required them to report matters to Ministers, who, it must be presumed, would respond lawfully. It set out difference reactions where mistreatment was known of, and where there was a low risk of mistreatment. Reactions included withdrawing and reporting requirements.
The Commission’s substantial challenge was that the the guidance used a ‘serious risk’ test for secondary liability, but said that that was not the standard applicable at law. ‘In the context of the Guidance and taking it for what it is, there is no material difference between a ‘real risk’ and a ‘serious risk’ of torture or CIDT taking place.’

Judges:

Sir Anthony May P, Keith J

Citations:

[2011] EWHC 2401 (Admin), [2012] 1 WLR 1389, [2011] UKHRR 1287

Links:

Bailii

Statutes:

Equality Act 2006 1 30, United Nations Convention against Torture and Other Cruel or Inhuman or Degrading Treatment or Punishment (1984), Criminal Justice Act 1988 134(1)

Citing:

Cited – Johnson v Youden KBD 1950
For a charge of aiding and abetting, the defendant must be shown to have been aware of the essential elements of his acts which constituted the complete crime. However, that may be inferred if a defendant shuts his eyes to the obvious.
Lord . .
Cited – Iskandarov v Russia ECHR 23-Sep-2010
. .
Cited – Abdulazhon Isakov v Russia ECHR 8-Jul-2010
. .
Cited – Al-Haq, Regina (On the Application of) v Secretary Of State for Foreign and Commonwealth Affairs Admn 27-Jul-2009
The claimant sought a declaration that the UK was in breach of its international obligations. The claimant was a non-governmental human rights organisation based in Palestine. The respondent argued that the issue was beyond the court’s jurisdiction, . .
Cited – Ismoilov And Others v Russia ECHR 24-Apr-2008
The court criticised the Russian system in prisons: ‘in the absence of clear legal provisions establishing the procedure for ordering and extending detention with a view to extradition and setting up time-limits for such detention, the deprivation . .
Cited – 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 . .
Cited – Saadi v Italy (United Kingdom intervening) ECHR 28-Feb-2008
(Grand Chamber) When considering the appropriateness of a deportation order to a country with which the deporting country had a memorandum of understanding that the destination country would not torture the deportee, a court must look beyond the . .
Cited – Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security HL 17-Oct-1985
Lawfulness of Contraceptive advice for Girls
The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the . .
Cited – In re Officer L HL 31-Jul-2007
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry.
Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain . .
Cited – Mamatkulov and Askarov v Turkey ECHR 4-Feb-2005
(Grand Chamber) The applicants had resisted extradition to Uzbekistan from Turkey to stand trial on very serious charges, saying that if returned they would be tortured. There was material to show that that was not a fanciful fear. On application . .
Cited – Regina v Bryce CACD 18-May-2004
The defendant said that his involvement in the murder of which he had been convicted had been secondary only. He was alleged to have transported the killer and the gun which he used to commit the murder to a caravan near the victim’s home so that . .
Cited – Regina v Woollin HL 2-Apr-1998
The defendant appealed against his conviction for the murder of his child. He had thrown the child to the floor, hitting the head. He said that he had not intended to kill the child.
Held: On a murder charge, where the short direction on . .
Cited – Regina v Powell (Anthony) and Another; Regina v English HL 30-Oct-1997
When the court looked at the issue of foreseeability of murder in an allegation of joint enterprise, there was no requirement to show intent by the secondary party. The forseeability of the risk of the principal committing the offence from the point . .
Cited – Soering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
Cited – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Cited – Regina v Benjafield, Regina v Leal, Regina v Rezvi, Regina v Milford HL 24-Jan-2002
Statutory provisions which reversed the burden of proof in cases involving drug smuggling and other repeat offenders, allowing confiscation orders to be made were not necessarily in contravention of the article 6 right. However the question of . .
Cited – Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3) HL 24-Mar-1999
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Cited – Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .

Cited by:

Cited – Ali Hussein v Secretary of State for Defence Admn 1-Feb-2013
The claimant sought to challenge the legality of techniques of interrogation intended to be used by forces members detaining person captured in Afghanistan. He had himself been mistreated by such officers in Iraq. The defendant denied he had . .
Lists of cited by and citing cases may be incomplete.

Administrative, Human Rights, Crime, Armed Forces

Updated: 20 September 2022; Ref: scu.444868

Regina v Williams: CACD 23 Jun 2011

The defendant appealed against his conviction. He had been tried at the Crown Court for being in charge of a dog which caused injury whilst dangerously out of control. In being found not guilty of that offence, he had been convicted of a lesser offence of being in charge of a dog while dangerously out of control in a public place.
Held: The substitute conviction was for an offence triable only at the magistrates court, and was not among those excepted for this purpose under the 1967 Act. The Crown court’s conviction had been in excess of jurisdiction, and the appeal succeeded.

Judges:

Pitchford LJ, Dobbs DBE, Walker JJ

Citations:

[2011] EWCA Crim 1716

Links:

Bailii

Statutes:

Dangerous Dogs Act 1991 3, Criminal Law Act 1967 6(3)

Jurisdiction:

England and Wales

Citing:

Applied – Buckley, Regina v CACD 13-May-2009
The appellant had faced trial at the Crown Court for the aggravated offence under section 3 of the 1991 Act, but had pleaded guilty to the lesser offence under section 4.
Held: The appeal was allowed. The section 4 offence was a summary only . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 20 September 2022; Ref: scu.444834

Regina v PD and EB: CACD 8 Sep 2011

(Iraq Sanctions) The court was asked as to the manner in which Security Council Resolutions relating to the arms trade are implemented in the domestic law of the United Kingdom under the United Nations Act 1946.
Held: Laws LJ, rejecting an argument that an Inco Europe amending interpretation in relation to a provision creating a substantive criminal offence should be adopted in that case, nevertheless stated ‘we cannot rule out the application of the principles in the Inco Europe case in relation to a substantive criminal offence’

Judges:

Thomas LJ, Ryder, Calvert-Smith JJ

Citations:

[2011] EWCA Crim 2082, [2012] 1 All ER 1108

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Bogdanic v The Secretary of State for The Home Department QBD 29-Aug-2014
The claimant challenged fines imposed on him after three illegal immigrants were found to have hidden in his lorry in the immigration control zone at Dunkirk. The 1999 At was to have been amended by the 2002 Act, and the implementation was by the . .
Lists of cited by and citing cases may be incomplete.

Crime, International, Constitutional

Updated: 20 September 2022; Ref: scu.444843

Palmer v The Queen: PC 23 Nov 1970

It is a defence in criminal law to a charge of assault if the defendant had an honest belief that he was going to be attacked and reacted with proportionate force: ‘If there has been an attack so that defence is reasonably necessary, it should be recognised that a person defending himself cannot weigh to a nicety the exact measure of necessary defensive action. If a jury is of the opinion that in a moment of unexpected anguish the person attacked did only what he honestly and reasonably thought was necessary, that should be regarded as most potent evidence that only reasonably defensive action was taken.’
Jamaica – The defendant appealed against his conviction for murder, arguing self defenec.
Held: After setting out the elements of the defence of self-defence, Lord Morris of Borth-y-Gest said: ‘if the prosecution have shown that what was done was not done in self-defence then that issue is eliminated from the case. If the jury consider that the accused acted in self-defence or if the jury are in doubt as to this then they will acquit. The defence of self-defence either succeeds so as to result in an acquittal or it is disproved in which case as a defence it is rejected.’

Judges:

Lord Morris of Borth-y-Gest, Lord Donovan, Lord Avonside

Citations:

[1971] 1 All ER 1077, (1971) 55 Cr App R 223 (PC), [1971] AC 814, [1970] UKPC 31, [1971] 2 WLR 831, (1971) 55 Cr App R 223

Links:

Bailii

Jurisdiction:

Commonwealth

Citing:

Not Followed – The Queen v Howe 1958
High Court of Australia – Criminal Law – Murder – Conviction – Quashed on appeal to Supreme Court – New trial ordered – Appeal to High Court by Crown – Special leave – Questions of law affecting law of homicide – Importance – Self-defence – . .
Preferred – John De Freitas v The Queen 1960
(West Indian Federal Supreme Court) If the prosecution have shown that the defendant’s actions were not done in self defence, then that issue is eliminated from the case. . .

Cited by:

Cited – Bici and Bici v Ministry of Defence QBD 7-Apr-2004
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car.
Held: The incidents occurred in the course of peace-keeping duties. It was . .
Cited – Buckley, Regina (on the Application of) v Director of Public Prosecutions Admn 22-Oct-2004
Appeal against conviction for common assault. The defendant argued his actions had been in defence of his girlfriend who had been surrounded in the street by an aggressive group of drunken young women. The magistrates had found his reaction to be . .
Cited – Regina (Anderson and Others) v HM Coroner for Inner North Greater London QBD 26-Nov-2004
The deceased suffered depressive mental illness, and was detained outside on a cold night naked and in a cannabis induced delirium. Because of his size, additional officers were called upon to assist restraining him. He was taken to hospital, but . .
Cited – Ashley and Another v Sussex Police CA 27-Jul-2006
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and . .
Cited – Regina v Clegg HL 25-Jan-1995
The defendant was a soldier on patrol in Northern Ireland. He was convicted of the murder of the passenger and attempted murder of the driver of a stolen car. He said he had fired in self defence. The Court of Appeal had rejected his appeal saying . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 20 September 2022; Ref: scu.444511

Miller v Regina: CACD 9 Jul 2010

Appeal against convictions for serious sexual assaults on female children.
The court approved the following from the 2010 Bench Handbook about directing the jury: ‘The experience of judges who try sexual offences is that an image of stereotypical behaviour and demeanour by a victim or the perpetrator of a non-consensual offence such as rape held by some members of the public can be misleading and capable of leading to injustice. That experience has been gained from judges, expert in the field, presiding over many such trials during which guilt has been established but in which the behaviour and demeanour of complainants and defendants, both during the incident giving rise to the charge and in evidence, has been widely variable. Judges have, as a result of their experience, in recent years adopted the course of cautioning juries against applying stereotypical images of how an alleged victim or an alleged perpetrator of a sexual offence ought to have been behaved at the time, or ought to appear while giving evidence, and to judge the evidence on its intrinsic merits. This is not to invite juries to suspend their own judgment but to approach the evidence without prejudice.’

Judges:

Leveson, Tomlinson LJJ, Davis J

Citations:

[2010] EWCA Crim 1578

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Beale, Regina v CACD 28-Mar-2019
Appeal from sentence on conviction of three counts of perjury and four counts of perverting the course of justice on the basis she had made repeated and false allegations of rape. She was sentenced to a term of ten years, consisting of a total of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 20 September 2022; Ref: scu.420694

Quinn and Others, Regina v: CACD 19 May 2009

Appeal from sentences of 12 years knowingly concerned in the fraudulent evasion of the prohibition on the importation of a large quantity of cocaine, a class A controlled drug.
Held: 10 years substituted.

Citations:

[2010] 1 Cr App Rep (S) 34, [2009] EWCA Crim 1097

Links:

Bailii

Statutes:

Customs and Excise Management Act 1979 170(2)(b)

Jurisdiction:

England and Wales

Crime

Updated: 20 September 2022; Ref: scu.417117

Walton, Regina v: CACD 16 Dec 2003

Appeal against conviction of being in possession of cannabis resin within intent to supply to another. Prosecution witness said to have set the defendant up acting for the police.
Held: Appeal refused, but sentence reduced from 4 years to 3.

Citations:

[2003] EWCA Crim 3644

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 19 September 2022; Ref: scu.193682

A, Regina v: CACD 17 Mar 2020

The defendant had stopped on the hard shoulder of the motorway at night, but displayed no lights. A truck, the driver having fallen asleep at the wheel, hit the car and a passenger died. The prosecutor now appealed accession to a submission of no case to answer on the charge of causing death by dangerous driving, saying that the truck driver’s act was a new intervening act which broke the chain of causation.
Held: The prosecutor’s appeal succeeded. To decide if the defendant’s dangerous driving had caused death or serious injury, the jury need not be sure that the precise later act was reasonably foreseeable. In is case, it was reasonably foreseeable that another vehicle might leave the carriageway and collide with the defendant’s parked car.

Judges:

Simon LJ, Fraser, Hilliard JJ

Citations:

[2020] EWCA Crim 407, [2020] RTR 18, [2020] 1 WLR 2320, [2020] WLR(D) 186, [2020] 2 Cr App R 3

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Cited – Girdler v Regina CACD 15-Dec-2009
What directions should be given to the jury when a defendant charged with causing death by dangerous driving in one count submits that he did not cause the death of a person, but that a driver in another vehicle, whose death the defendant is also . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 19 September 2022; Ref: scu.649227

Thomas, Regina v: CACD 29 Jan 2020

Appeal from conviction of causing death by dangerous driving when over the prescribed limit, and from sentence of three years imprisonment.
Held: Dismissed.

Judges:

Fulford VP CACD LJ, Cheema-Grubb DBE, Foster DBE JJ

Citations:

[2020] EWCA Crim 117, [2020] 4 WLR 66, [2020] 2 Cr App R 12, [2020] WLR(D) 126, [2020] RTR 27

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Crime

Updated: 19 September 2022; Ref: scu.649226

Brock, Regina v: CACD 18 Mar 1999

Appeal against conviction of two counts of possession of a Class A drug with intent to supply (counts 1 and 2 in the indictment) and one count of possession of a class B drug, cannabis (count 3 on the same indictment).

Citations:

[1999] EWCA Crim 756

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 19 September 2022; Ref: scu.464830

Arthur Francis v The Chief of Police: PC 5 Feb 1973

(St. Christopher and Nevis and Anguilla) The appellant had spoken at a public meeting using a microphone without first obtaining the required license. The meeting itself ha already been approved. He complained that his arrest under the law had been unconstitutional. The magistrate referred for the determination of the High Court the question whether section 5 of the Public Meetings and Processions Act 1969 offended against section 10 of the Constitution. The High Court held that section 5 of the Act did not infringe the fundamental rights and freedoms guaranteed by section 10 of the Constitution and their decision was affirmed by the Court of Appeal.
Held: , Dismissing the appeal, the control of loudspeakers at public meetings by section 5 of the Act of 1969 was not contrary to section 10 of the Constitution, for public order required that the public, who did not wish to hear the speaker, be protected from any excessive noise. Per curiam. A wrongful refusal of permission to use a loudspeaker at a public meeting (for instance if the refusal is inspired by political partiality) would be an unjustified and therefore unconstitutional interference with freedom of communication.

Citations:

[1973] UKPC 4, [1974] Crim LR 50, [1973] 2 WLR 505, [1973] AC 761, [1973] 2 All ER 251

Links:

Bailii

Commonwealth, Crime, Constitutional

Updated: 19 September 2022; Ref: scu.444390

Frankland and Another v Regina: PC 3 Mar 1987

Isle of Man – the defendants appealed against their conviction for murder. The Board was asked whether, having regard to all the circumstances of the offence, including the fact of intoxication, the Crown had proved beyond reasonable doubt a murderous intent.
Held: The Board considered the status of decisions of English courts in the Isle of Man.
‘Decisions of English Courts, particularly decisions of the House of Lords and the Court of Appeal in England, are not binding on Manx Courts, but they are of high persuasive authority, as was correctly pointed out by Sir Iain Glidewell in giving the judgment of the Staff of Government Division, Criminal Jurisdiction. Such decisions should generally be followed unless either there is some provision to the contrary in a Manx statute or there is some clear decision of a Manx Court to the contrary, or, exceptionally, there is some local condition which would give good reason for not following the particular English decision. The persuasive effect of a judgment of the House of Lords, which has largely the same composition as the Judicial Committee of the Privy Council, the final Court of Appeal from a Manx Court, is bound to be very high.’

Judges:

Lord Mackay of Clashfern, Lord Elwyn-Jones, Lord Ackner, Lord Oliver of Aylmerton, Lord Goff of Chieveley

Citations:

[1987] UKPC 3, [1987] UKPC 6

Links:

Bailii, Bailii

Commonwealth, Crime, Constitutional

Updated: 17 September 2022; Ref: scu.443449

Berry v The Queen: PC 15 Jun 1992

(Jamaica) Appeal from conviction for murder. Accidental discharge of gun in struggle.

Citations:

[1992] UKPC 16

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Mears v Regina PC 1993
The prosecution case relied upon the evidence of a woman with whom the accused cohabited. The prosecution case was that the accused had told the woman that he had killed the victim in a particular way. The defendant denied killing the victim and . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 17 September 2022; Ref: scu.442480

Secretary of State for The Home Department v CD: Admn 29 Jul 2011

CD challenged the decision by the respondent to make him subject to a control order by way of a review under section 3(10) of the 2005 Act.
Held: The decision was justified.

Judges:

Owen J

Citations:

[2011] EWHC 2087 (Admin)

Links:

Bailii

Statutes:

Prevention of Terrorism Act 2005 3(10)

Jurisdiction:

England and Wales

Crime

Updated: 17 September 2022; Ref: scu.442443

Girdler v Regina: CACD 15 Dec 2009

What directions should be given to the jury when a defendant charged with causing death by dangerous driving in one count submits that he did not cause the death of a person, but that a driver in another vehicle, whose death the defendant is also said to have caused in another count, did? Lawyers have traditionally used the rubric ‘novus actus interveniens’ to describe the issue raised in this case. We shall use those words or translate them as new and intervening act or event.

Citations:

[2009] EWCA Crim 2666, [2010] RTR 28

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – A, Regina v CACD 17-Mar-2020
The defendant had stopped on the hard shoulder of the motorway at night, but displayed no lights. A truck, the driver having fallen asleep at the wheel, hit the car and a passenger died. The prosecutor now appealed accession to a submission of no . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 17 September 2022; Ref: scu.424443

Regina v Underwood: CACD 22 May 2003

The defendant appealed his conviction for murder. A witness against him had concealed his true identity and large number of convictions for dishonesty.
Held: It is not the case that if an important witness’s convictions are not disclosed, the conviction must inevitably be quashed. Here the discounted evidence was relevant but not central. Appeal dismissed.

Judges:

Lord Justice Longmore Mr Justice Mitting Mr Justice Beatson

Citations:

[2003] EWCA Crim 1500

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 16 September 2022; Ref: scu.185465

Regina v Sinclair: CACD 9 Dec 1998

The defendant renewed an application for leave to appeal against convictions for offence of indecent assaults upon children. The defendant had been a social worker. He challenged the evidence of the child witness.
Held: The court had correctly rehearsed with the jury the boy’s background, and the effect that it might or might not have on the case. Criticisms also of counsel’s conduct of the case had been investigated and proved ill-founded. Leave refused.

Judges:

Lord Justice Henry, Mr Justice Mitchell And His Honour Judge Mellor

Citations:

[1998] EWCA Crim 3485

Jurisdiction:

England and Wales

Crime

Updated: 16 September 2022; Ref: scu.156359

Gardner and Another, Regina v: CACD 22 Apr 1997

Appeals from conviction of conspiracy to defraud.

Citations:

[1997] EWCA Crim 960

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 74(2)

Jurisdiction:

England and Wales

Citing:

Distinguished – Regina v Manzur; Regina v Mahmood CACD 28-Nov-1996
The prosecution was seeking to rely upon the plea of guilty of a person who had not given evidence.
Held: A co-accused’s guilty plea was admissible only with an explanation of its basis. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 16 September 2022; Ref: scu.465428

XX v Secretary of State for The Home Department: CA 27 Jul 2011

The claimant an Ethiopian national had been detained on arrival on the basis that his presence woiuld not be for the public good. After appeal his indefinite leave to remain was regranted, and he was released from custody into immigration detention. Eventually he was made subject of a non-derogating control order.

Judges:

Maurice Kay VP, Richards LJJ

Citations:

[2011] EWCA Civ 860

Links:

Bailii

Statutes:

Terrorism Act 2000

Jurisdiction:

England and Wales

Crime

Updated: 16 September 2022; Ref: scu.442237

Secretary of State for The Home Department v Cb and Another (Rev 1): Admn 25 Jul 2011

The court was asked whether it was appropriate to stay control order proceedings concerning BP and CB which they still wish to pursue after those orders have been revoked by the Secretary of State for the Home Department.

Judges:

Silber J

Citations:

[2011] EWHC 1990 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 16 September 2022; Ref: scu.442165