Category: Crime

Regina v Jackson: CACD 22 Jul 2011

The defendant appealed against his conviction for murder arguing that the judge had wrongly admitted the fact that he had a previous conviction for murder, and further that an officer and the judge had incorrectly stated that two other possible suspects had been eliminated.

Judges:

Pitchford LJ, David, Ryder JJ

Citations:

[2011] EWCA Crim 1870

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 16 September 2022; Ref: scu.442087

Secretary of State for The Home Department v BF: Admn 18 Jul 2011

The defendant said that the control order applied to him was flawed, saying that the defendant had a public law duty ‘to make provision that allows individuals subject to control orders a reasonable opportunity to demonstrate that the control order obligations are no longer necessary; and has breached that duty.’

Judges:

Davis J

Citations:

[2011] EWHC 1878 (Admin)

Links:

Bailii

Statutes:

Prevention of Terrorism Act 2005 3

Jurisdiction:

England and Wales

Crime, Administrative

Updated: 16 September 2022; Ref: scu.441889

Director of Public Prosecutions v Marshall: 1988

Citations:

[1988] 2 All ER 683

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Looseley (orse Loosely); Attorney General’s Reference No 3 of 2000 HL 25-Oct-2001
Police Entrapment is no defence to Criminal Act
The defendant complained of his conviction for supplying controlled drugs, saying that the undercover police officer had requested him to make the supply.
Held: It was an abuse of process for the police to go so far as to incite a crime.
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 16 September 2022; Ref: scu.181212

Regina v Thomas: CACD 29 Apr 2002

The appellant appealed his conviction for murder. The prosecution case had been that the victim died before a certain time. Witness had come to light after the first trial who knew her, and claimed to have seen her after the time of death according to the prosecution. He had been convicted at a second trial, but a child witness had not been allowed to refresh her memory from interview notes.
Held: The Appeal court was not bound by a previous ruling it had made in the same case on a reference by the Criminal Cases Review Commission. However related evidence had been twice rejected by a jury. New evidence appeared uncertain and unreliable. Appeal dismissed.

Judges:

Lord Justice Auld

Citations:

[2002] EWCA Crim 941

Statutes:

Criminal Appeal Act 1995 14(5)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Pinfold CACD 1988
Once a person convicted of an offence on indictment appeals against that conviction and that appeal has been determined on its merits, the court has no jurisdiction to re-open it on fresh evidence coming to light.
Lord Lane CJ considered the . .

Cited by:

Cited – Poole and Mills v Regina CACD 17-Jun-2003
The case was a reference from the Criminal Cases Review Commission. The defendants had been convicted in 1990 of murder. The House of Lords had dismissed an earlier appeal. Police officers had allowed statements to be put forward which were false in . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 16 September 2022; Ref: scu.170124

R, M and L, Regina v: CACD 10 May 2013

Interlocutory appeal under Section 35(1) of the Criminal Procedure and Investigations Act 1996 pursuant to a ruling made at a Preparatory Hearing held under Section 29 of the Act. There are two issues. Firstly, whether the hearing was correctly designated as a Preparatory Hearing. Secondly, whether the judge’s ruling was correct.

Citations:

[2013] EWCA Crim 708

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Practice

Updated: 15 September 2022; Ref: scu.509134

Dare v Crown Prosecution Service: Admn 13 Jul 2012

The defendant appealed from his conviction under section 328. He had been arranging to buy what he admitted he thought may be a stolen car.
Held: The parties had nor reached agreement even as to the purchase price, and no further steps had been taken to identify a sub-purchaser. The conviction was quashed.

Judges:

Bean J

Citations:

[2012] EWHC 2074 (Admin), (2013) 177 JP 37, [2012] Lloyd’s Rep FC 718, [2013] Crim LR 41

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 328(1)

Jurisdiction:

England and Wales

Crime

Updated: 15 September 2022; Ref: scu.464816

Regina v Greenfield: CACD 1973

Where a general conspiracy is charged in a single count, it is not bad for duplicity only because the evidence offered to prove it includes proof of the subsidiary conspiracies entered into in carrying out the general conspiracy. Duplicity is a matter of form, not a matter relating to the evidence called to support the count.
Where, at the end of the case there is evidence upon which the accused could lawfully have been convicted of the conspiracy charged (even if there was also evidence of the existence of a different conspiracy), the trial judge is bound to allow the case to go to the jury.

Judges:

Lawton LJ

Citations:

(1973) 57 Cr App R 849, [1973] 1 WLR 1151

Jurisdiction:

England and Wales

Cited by:

Cited – Mehta v Regina CACD 31-Dec-2012
The defendant appealed against his conviction for conspiracy to defraud. His co-defendant and alleged co-conspirator had been acquitted.
Held: The appeal against conviction failed. The defence knew that they were going to have to deal with the . .
Cited – Bhatti and Others v Regina CACD 30-Jul-2015
The defendants appealed against their convictions for conspiracy to facilitate breaches of immigration law, saying that they had been based on evidence obtained by the police from credit reference agencies in breach of their rights under the 1984 . .
Lists of cited by and citing cases may be incomplete.

Crime, Criminal Practice

Updated: 15 September 2022; Ref: scu.467722

Regina v SK: CACD 8 Jul 2011

The defendant appealed against her conviction for trafficking a complainant into the United Kingdom for the purposes of exploitation, contrary to section 4 of the 2004 Act.
Held: The appeal succeeded, and a retrial ordered. The court identified a hierarchy of denial of personal autonomy encapsulated in the concept of trafficking in Article 4 of the Convention. ‘Slavery’ involved treating someone as belonging to oneself, rather as an animal or object; ‘servitude’ involved an obligation enforced by coercion to provide services for another person; and ‘force or compulsory labour’ involved work under the threat of penalty and performed against the will of the person concerned. The three concepts were not necessarily mutually exclusive. The common denominator between them was that the victim was subject to enforced control.

Judges:

Toulson LJ, Wyn Williams, Lindblom JJ

Citations:

[2012] Crim LR 63, [2011] EWCA Crim 1691, [2011] 2 Cr App R 34

Links:

Bailii

Statutes:

Asylum and Immigration (Treatment of Claimants, etc) Act 2004, European Convention on Human Rights 4

Jurisdiction:

England and Wales

Citing:

Cited – Siliadin v France ECHR 26-Jul-2005
(French Text) A 15-year-old girl, had been brought from Togo to France and made to work for a family without pay for 15 hours a day. She had been held in servitude and required to perform forced labour
Held: France had violated article 4 by . .

Cited by:

Cited – N, Regina v CACD 20-Feb-2012
The court considered the offence of child trafficking. The defendants had been the victims of such offences and used for managing cannabis production. It was argued that neither defendant should have been prosecuted.
Held: The appeals failed. . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 15 September 2022; Ref: scu.441549

Rostron and Another, Regina v: CACD 16 Jul 2003

The defendants appealed from their conviction for theft having gone at night to a golf course to recover golf balls from a water hazard on the course. They said that the golf balls had been abandoned by their owners

Judges:

Mantell LJ, Jack J, Sir Richard Rougier

Citations:

[2003] EWCA Crim 2206

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Ivey v Genting Casinos (UK) Ltd (T/A Crockfords) SC 25-Oct-2017
The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 15 September 2022; Ref: scu.441310

Islamic Republic of Iran Shipping Lines v Steamship Mutual Underwriting Association (Bermuda) Ltd: ComC 26 Oct 2010

The court considered the effect of an order under the 2008 Act on a contract of insurance between the parties.

Judges:

Beatson J

Citations:

[2010] EWHC 2661 (Comm)

Links:

Bailii

Statutes:

Counter-Terrorism Act 2008

Jurisdiction:

England and Wales

Crime, Insurance

Updated: 15 September 2022; Ref: scu.425563

Pham, Regina v: CACD 9 Dec 2008

‘The only evidence against the appellant was in the form of admissions that he made to the police. He agrees that he made the admissions but says they were not true. He made them because of oppression or improper conduct on the part of the police. He says the judge misdirected the jury as to their approach to this evidence. The jury should have been directed that unless they were satisfied beyond reasonable doubt that the confessions were not obtained as a result of oppression or improper conduct, they should disregard them, whereas in fact the judge directed them that the key question was whether the confessions were or may have been untrue.’

Citations:

[2008] EWCA Crim 3182

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 15 September 2022; Ref: scu.343050

Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility.
Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in this case to the police officer that the appellant, preaching about morality, was about to cause a breach of the peace.
Sedley LJ said: ‘A judgment as to the imminence of a breach of the peace does not conclude the constable’s task. The next and critical question for the constable, and in turn for the court, is where the threat is coming from, because it is there that preventive action must be directed. It is only if otherwise lawful conduct gives rise to a reasonable apprehension that it will, by interfering with the rights or liberties of others, provoke violence which, though unlawful, would not be entirely unreasonable that a constable is empowered to take steps to prevent it . . Mr Kealy for the prosecutor submitted that if there are two alternative sources of trouble, a constable can properly take steps against either. This is right, but only if both are threatening violence or behaving in a manner that might provoke violence’ and ‘The test to determine whether the police officer’s action was reasonable was an objective one, in the sense that it was for the courts to decide, not whether the view taken by that officer fell within the broad band of rational decisions but whether, in the light of what he knew and perceived at the time, the court was satisfied that it was reasonable to fear an imminent breach of the peace and that reasonableness had to be evaluated without the qualifications of hindsight.’
Sedley LJ said: ‘Freedom of speech includes not only the inoffensive but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the provocative, provided it does not tend to provoke violence. Freedom only to speak inoffensively is not worth having. What Speakers’ Corner (where the law applies as fully as anywhere else) demonstrates is the tolerance which is both extended by the law to opinion of every kind and expected by the law in the conduct of those who disagree, even strongly, with what they hear. From the condemnation of Socrates to the persecution of modern writers and journalists, our world has seen too many examples of state control of unofficial ideas. A central purpose of the European Convention on Human Rights has been to set close limits to any such assumed power. We in this country continue to owe a debt to the jury which in 1670 refused to convict the Quakers William Penn and William Mead for preaching ideas which offended against state orthodoxy.’

Judges:

Sedley LJ

Citations:

Times 28-Jul-1999, [2000] HRLR 249, [1999] EWHC Admin 733, (1999) 7 BHRC 375, [1999] Crim LR 998, (1999) 163 JP 789, CO/188/99

Links:

Bailii

Statutes:

Police Act 1996 89(2)

Jurisdiction:

England and Wales

Citing:

Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
Cited – Beatty v Gilbanks CA 13-Jun-1882
A lawful Salvation Army march attracted disorderly opposition and was therefore the occasion of a breach of the peace.
Held: It could not be found a case of unlawful assembly against the leaders of the Salvation Army march. Accepting that a . .
Cited – Duncan v Jones KBD 1936
The appellant was about to make a public address in a situation in which the year before a disturbance had been incited by her speaking. A policeman believed reasonably that a breach of the peace would occur if the meeting was held, and ordered the . .
Cited – Wise v Dunning KBD 1902
A protestant preacher in Liverpool was held to be liable to be bound over to keep the peace upon proof that he habitually accompanied his public speeches with behaviour calculated to insult Roman Catholics. His actions had caused, and were liable to . .
Cited – Regina v Howell (Errol) CACD 1981
The court considered the meaning of the legal concept of a breach of the peace.
Held: The essence is to be found in violence or threatened violence. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable . .
Cited – Regina v Nicol and Selvanayagam QBD 10-Nov-1995
The appellants appealed a bind-over for a finding that each appellant had been guilty of conduct whereby a breach of the peace was likely to be occasioned. The appellants, concerned about cruelty to animals, had obstructed an angling competition by . .
Cited – Percy v Director of Public Prosecutions QBD 13-Dec-1994
A woman protester repeatedly climbed over the perimeter fencing into a military base.
Held: The defendant had a choice between agreeing to be bound over and going to prison. Her refusal to agree to be bound over had an immediate and obvious . .
Cited – Regina v Morpeth Ward Justices, ex parte Ward 1992
A bind-over was upheld on people who had noisily and turbulently disrupted a pheasant shoot. . .

Cited by:

Distinguished – Norwood v Director of Public Prosecutions Admn 3-Jul-2003
The appellant a BNP member had displayed a large poster in his bedroom window saying ‘Islam out of Britain’. He was convicted of an aggravated attempt to cause alarm or distress. The offence was established on proof of several matters, unless the . .
Cited – Laporte, Regina (on the Application of) v Gloucestershire Constabulary and others CA 8-Dec-2004
The claimant had been in a bus taking her and others to an intended demonstration. The police feared breaches of the peace, and stopped the bus, and ordered the driver to return to London, and escorted it to ensure it did not stop.
Held: The . .
Cited – Wragg, Regina (on the Application Of) v Director of Public Prosecutions Admn 15-Jun-2005
The court faced a case stated where the defendant had been accused of resisting arrest. The officers claimed to have anticipated a breach of the peace, having been called to a domestic dispute.
Held: Though the defendant had not behaved with . .
Cited – Singh and others v Chief Constable of West Midlands Police QBD 4-Nov-2005
A play was presented which was seen by many Sikhs as offensive. Protesters were eventually ordered to disperse under s30 of the 2003 Act. The defendants appealed their convictions for having breached that order, saying that it interfered with their . .
Cited – Bibby v Chief Constable of Essex Police CA 6-Apr-2000
A bailiff sought to execute against goods in a shop against the will of the occupier. The police attended and when tempers were raised the police officer anticipated a breach of the peace by the bailiff and arrested him. He sought damages for that . .
Cited – Singh, Regina (on the Application of) v Chief Constable of West Midlands Police CA 28-Jul-2006
Sikh protesters set out to picket a theatre production which they considered to offend their religion. The respondent used a existing ASBO dispersal order which had been obtained for other purposes, to control the demonstration.
Held: The . .
Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Gaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .
Cited – Abdul and Others v Director of Public Prosecutions Admn 16-Feb-2011
The defendants appealed against convictions for using threatening, abusive or insulting words or behaviour or disorderly behaviour . . within the hearing or sight of a person likely to be caused harassment, alarm or distress. He had attended a . .
Cited – Moos and Another, Regina (on The Application of) v Commissioner of the Police of The Metropolis Admn 14-Apr-2011
The claimants, demonstrators at the G20 summit, complained of the police policy of kettling, the containment of a crowd over a period of time, not because they were expected to to behave unlawfully, but to ensure a separation from those who were. . .
Cited – McClure and Another, Regina (on The Application of) v The Commissioner of Police of The Metropolis CA 19-Jan-2012
The Commissioner appealed against a decision that certain aspects of its crowd control procedures exercised during a public protest were unlawful.
Held: The appeal succeeded. The issue came down to whether the commanding officer genuinely held . .
Cited – Dehal v Crown Prosecution Service Admn 27-Sep-2005
The appellant had been convicted under section 4 of the 1986 Act. He had been accused of attending at Luton Guruwarda and intending to cause distress. He said that he had gone only peacefully to express his true religious beliefs. He had left a . .
Cited – Jewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council Admn 28-Jun-2016
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also . .
Cited – Roberts and Others v Regina CACD 6-Dec-2018
Sentencing of Political Protesters
The defendants appealed against sentences for causing a public nuisance. They had been protesting against fracking by climbing aboard a lorry and blocking a main road for several days.
Held: The appeals from immediate custodial sentences were . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Crime, Police

Leading Case

Updated: 15 September 2022; Ref: scu.139996

Da Silva, Regina v: CACD 11 Jul 2006

The defendant appealed her conviction for assisting another to retain the proceeds of crime. The court considered what was meant by ‘suspicion’.
Held: For a defendant to be convicted of an offence under section 93A(1)(a) of the 1988 Act, he or she must think that there is a possibility, which is more than fanciful, that the relevant facts exist. This is subject, in an appropriate case, to the further requirement that the suspicion so formed should be of a settled nature.
The court considered the meaning of the word suspect, and said: ‘the defendant must think that there is a possibility, which is more than fanciful, that the relevant facts exist. A vague feeling of unease would not suffice. But the statute does not require the suspicion to be ‘clear’ or ‘firmly grounded and targeted on specific facts’ or based on ‘reasonable grounds’.’
‘It seems to us that the essential element in the word ‘suspect’ and its affiliates, in this context, is that the defendant must think that there is a possibility, which is more than fanciful, that the relevant facts exist. A vague feeling of unease would not suffice. But the statute does not require the suspicion to be ‘clear’ or ‘firmly grounded and targeted on specific facts’ or based on ‘reasonable grounds”

Judges:

Longmore LJ, Gloster J, Diehl QC J

Citations:

[2006] EWCA Crim 1654, Times 04-Aug-2006, [2007] 1 WLR 303, [2006] 4 All ER 900

Links:

Bailii

Statutes:

Criminal Justice Act 1988 93A(1)(a)

Jurisdiction:

England and Wales

Cited by:

Cited – K Ltd v National Westminster Bank Plc and others CA 19-Jul-2006
The bank had declined to act upon a customer’s instructions, reporting its suspicions of criminal activity to the police. Permission was given to proceed but only after a delay. The claimant customer sought its costs.
Held: The customer’s . .
Cited – Shah and Another v HSBC Private Bank (UK) Ltd QBD 26-Jan-2009
The claimants sought damages after delays by the bank in processing transfer requests. The bank said that the delays were made pending reports of suspected criminal activity. The bank’s delay had stigmatised the claimant causing further losses. The . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 14 September 2022; Ref: scu.243066

Regina v Harmes and Another: CACD 9 May 2006

The appellant Harmes ran a public house and was suspected of involvement in the distribution of Class A drugs and money laundering. An undercover police operation was launched and approved which lasted approximately 3 months. One of the undercover police officers offered to supply Harmes with cheap soft drinks and another suggested they could be paid in cocaine. The trial judge concluded that three of the supplies of drugs would not have been made had it not been for the officers’ conduct and stayed those proceedings, but she allowed a count of conspiracy to proceed to conviction. The defendants appealed against convictions for conspiracy to contravene section 170 of the 1979 Act. They alleged entrapment by the officers involved.
Held: The court did not consider that ‘whatever technical failures there might have been in the authorisations’ upon which the officers acted were dispositive of the appeal.
Moses LJ said: ‘We have already concluded that the officers’ conduct was criminal and it was not properly authorised. Nonetheless, we take the view that it should not be regarded as so seriously improper as to require the court to intervene to prevent the prosecution for conspiracy. It was conduct which merely exposed, for the purposes of the undercover operation, the undercover officers’ interest in drugs and eagerness to receive a small quantity. That was, in our judgment, no more than might be expected of any criminal willing to engage in illicit dealing in drugs. Looseley emphasised the importance of the analysis of the behaviour of the undercover officers in comparison with that which might bee expected of those committing criminal offences (see for example paragraph 55 of the speech of Lord Hoffmann in Looseley). Undercover officers, seeking to expose drug dealers, must show enthusiasm and a degree of persistence to provide protection for their undercover activities. As Lord Hoffmann accepts, a good deal of active behaviour may be acceptable . . In our judgment the conduct of the police officers was not exceptional and did not go beyond that which was necessary to show their willingness to deal in drugs. An exchange of a small amount of cocaine triggered the revelation that these defendants were not only happy to import very substantial quantities of cocaine but had the ability to do so. The officers’ activities pale into insignificance in comparison to the offers made by Harmes to import, on their behalf, large amounts of cocaine of a high value.’

Judges:

Moses LJ, Penry-Davey, Grigson JJ

Citations:

[2006] EWCA Crim 928

Links:

Bailii

Statutes:

Customs and Excise Management Act 1979 170, Regulation of Investigatory Powers Act 2000

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Looseley (orse Loosely); Attorney General’s Reference No 3 of 2000 HL 25-Oct-2001
Police Entrapment is no defence to Criminal Act
The defendant complained of his conviction for supplying controlled drugs, saying that the undercover police officer had requested him to make the supply.
Held: It was an abuse of process for the police to go so far as to incite a crime.

Cited by:

Cited – Regina v Moore and Another CACD 13-Feb-2013
The appellants said that they had been entrapped into committing the offences of which they stood convicted. Their applications for stay on the ground of abuse of process had been rejected.
Held: The appeal failed.
Rix Lj said: ‘the . .
Cited – M, Regina v CACD 18-Mar-2011
The prosecutor appealed against a ruling that the prosecution was an abuse of process, the defendant having said that the police officer had entrapped him into committing the offence of supplying a Class A drug. A police undercover drugs operation . .
Cited – Palmer and Others v Regina CACD 7-Aug-2014
Three defendants appealed against convictions for selling stolen goods, saying that the police had used entrapment. The officers had established a shop at which thieves might expect to sell goods. Each defendant had pleaed guilty after a ruling . .
Lists of cited by and citing cases may be incomplete.

Crime, Police

Updated: 14 September 2022; Ref: scu.241576

Regina v A (Prosecutor’s Appeal): CACD 15 Dec 2005

A had been charged with various indecent assaults on children. It had been intended that transitional regulations would govern thechange to the regime under the 2003 Act, but no regulations had been published.
Held: It was not for the courts to fill the lacuna left by the Secretary of State. The 2003 Act recognised the need for such regulations. The prosecutor’s appeal failed.

Judges:

Rose LJ, Crane J, Beatson J

Citations:

Times 06-Jan-2006

Statutes:

Sexual Offences Act 2003

Jurisdiction:

England and Wales

Crime

Updated: 14 September 2022; Ref: scu.240082

Attorney General’s Reference (No 1 of 1989): CACD 1989

Citations:

(1989) 11 Cr App R(S) 4109

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Stacey CACD 24-Oct-1996
The defendant appealed sentence on several very serious offences of rape and sexual assault of young girls in his care. The total sentence was ten years.
Held: Sentencing in such cases must turn on the facts of each case. The pre-sentence . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 14 September 2022; Ref: scu.180665

Regina on the Application of South West Yorkshire Mental Health NHS Trust v Crown Court at Bradford: CA 19 Dec 2003

A appealed an order made by the Crown Court under the 1964 Act for his detention in a mental hospital on the grounds that he was unfit to enter a plea to the charge of murder.
Held: The Court of Appal had no jurisdiction to hear the appeal. All appeals from orders of the Crown Court not involving a conviction were to the Queens Bench Division. The orders were not in any sense merely collateral, and a criminal trial remained a possibility.

Judges:

Lord Justice Chadwick Lord Justice May Lord Justice Pill

Citations:

[2003] EWCA Civ 1857, Times 23-Jan-2004, [2004] 1 WLR 1664, [2004] 1 All ER 1311

Links:

Bailii

Statutes:

Criminal Procedures (Insanity and Unfitness to Plead) Act 1991, Supreme Court Act 1981 18(1)(a)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v H (On appeal from the Court of Appeal (Criminal Division)) HL 30-Jan-2003
The defendant had been found unfit to stand trial, at a later hearing under the section, the jury had found that he had committed the act complained of. He was discharged but ordered to be placed on the sex offenders register. He appealed on the . .
Cited – Amand v Home Secretary and Minister of Defence of Royal Netherlands Government HL 1943
A Dutch serviceman who had been arrested for desertion and brought before a magistrate who ordered him to be handed over to the Dutch military authorities under the Allied Forces Act 1940. An application for habeas corpus was rejected by a . .
Cited – Day v Grant (Note) CA 1985
(January 1985) The court must look to the underlying nature of the proceedings in which the order was made and against which an appeal was sought to see to which court an appeal lay. ‘So Lord Wright was saying that you look not at the particular . .
Cited – Customs and Excise Commissioners v City of London Magistrates’ Court QBD 2000
Access orders were sought by the Customs and Excise against banks to facilitate an investigation into the affairs of taxpayers and the issue was whether the resulting proceedings constituted ‘criminal proceedings’ within the meaning of section . .
Cited – United States Government v Montgomery and Another HL 6-Feb-2001
An English court had power to make a restraining order against the disposal of assets pending an application for confiscation pursuant to a US order. This applied even if the US original judgment predated the date on which the US was added to the . .
Appeal from – South West Yorkshire Mental Health NHS Trust v Bradford Crown Court Admn 27-Mar-2003
. .
Lists of cited by and citing cases may be incomplete.

Health, Crime, Criminal Practice

Updated: 14 September 2022; Ref: scu.191202

Attorney General’s Reference (No 1 of 1980): CACD 1981

Section 17 is not to be reduced in the requirements of the offence. Knowledge of the purpose of a document is not an element required to be proved.

Citations:

[1981] 1 WLR 34, (1981) 72 Cr App R 60

Statutes:

Theft Act 1968 17

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Graham, Kansal, etc CACD 25-Oct-1996
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe.
Held: After studying the authorities at length, the court felt that the various . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 14 September 2022; Ref: scu.183255

Attorney General’s Reference (No 1 of 1995); Regina v B; Regina v F: CACD 30 Jan 1996

The offence of accepting an unauthorised deposit requires both knowledge of the act and an agreement to it. Where ‘consent’ is alleged against him, a defendant has to be proved to know the material facts which constitute the offence by the body corporate and to have agreed to its conduct of the business on the basis of those facts.

Judges:

Lord Taylor of Gosforth CJ

Citations:

Times 30-Jan-1996, Gazette 14-Feb-1996, [1996] 1 WLR 970

Statutes:

Banking Act 1987 3 96(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Chargot Limited (T/A Contract Services) and Others, Regina v HL 10-Dec-2008
The victim died on a farm when his dumper truck overturned burying him in its load.
Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of . .
Lists of cited by and citing cases may be incomplete.

Banking, Crime

Updated: 13 September 2022; Ref: scu.77960

Regina v Gingell: CACD 16 Apr 1999

On a charge of assisting in the disposal of stolen goods for the benefit of another, that other cannot be someone co-accused on the same charge. As a matter of plain language that other person must himself be a third party to the charge.

Citations:

Times 21-May-1999, Gazette 12-May-1999, [1999] EWCA Crim 1025

Links:

Bailii

Statutes:

Theft Act 1968 22(1)

Jurisdiction:

England and Wales

Crime

Updated: 13 September 2022; Ref: scu.85272

Halcrow and Another v Crown Prosecution Service: Admn 10 Mar 2021

The court was asked whether the appellants had a reasonable excuse, within the meaning of the Stonehenge Regulations 1997, for entering the stone circle at Stonehenge on 4 February 2018 and 6 May 2018. The reasonable excuse was that the restrictions on entry to the stone circle impermissibly infringed the appellants’ rights under articles 9, 10 and 11 of the European Convention on Human Rights and Fundamental Freedoms (‘ECHR’), to which domestic effect was given by the Human Rights Act 1998.

Judges:

Lord Justice Dingemans

Citations:

[2021] EWHC 483 (Admin)

Links:

Bailii

Statutes:

Stonehenge Regulations 1997

Jurisdiction:

England and Wales

Land, Crime, Human Rights

Updated: 13 September 2022; Ref: scu.659491

The Commissioners and Trustees of The Forfeited Estates v Sir George Stewart of Balcasky, Bart: HL 23 Jan 1721

Forfeiture for Treason.
Another question of the same nature as in the last appeal, arose between the same parties, in regard to the lands of Waterstown. The titles of the respondent to these lands stood in the same situation, as his titles to the lands of Gaskinhall. No cases have been found on the present appeal. That the questions were the same in this and the last appeal, appears from the report of the English Judges on the point of jurisdiction in the Court of Session, (Journal, 11 March 1719-20,) which they left undecided.

Citations:

[1721] UKHL Robertson – 345

Links:

Bailii

Jurisdiction:

Scotland

Crime

Updated: 13 September 2022; Ref: scu.553665

The Commissioners and Trustees of The Forfeited Estates v Sir George Stewart of Balcasky, Bart: HL 20 Jan 1721

Fiar – Forfeiture for Treason. –
A crown vassal in 1707 sells and dispones his estate to an onerous purchaser, with procuratory of resignation, and other usual clauses, and the price is paid: the crown vassal in 1715 is attainted for treason, and the purchaser, who had not completed his title by infeftment, makes resignation, and takes sasine on a charter from the crown: The estate was not forfeited by the attainder of the seller.

Citations:

[1721] UKHL Robertson – 342

Links:

Bailii

Jurisdiction:

Scotland

Crime

Updated: 13 September 2022; Ref: scu.553664

Ex Parte The Commissoners and Trustees of The Forfeited Estates v Sir James Mackenzie of Royston, One of The Senators of The College of Justice: HL 19 Dec 1720

Forfeiture for Treason. – Recognition to a loyal Superior – An act of parliament having enacted, that the lands of those guilty of high treason, held of subject superiors, should recognosce and return into the hands of the subject superior who continued loyal; John Grant, an attainted person, held his lands of Alexander Mackenzie as his immediate superior: this Alexander was also attainted, and he held of Lord Roystoun as his superior, Lord Roystoun holding of the Crown: by the attainder of Grant, Lord Roystoun was not entitled to the property of Grant’s estate, but the same was forfeited to the Crown.

Citations:

[1720] UKHL Robertson – 335, (1720) Robertson 335

Links:

Bailii

Jurisdiction:

Scotland

Crime

Updated: 13 September 2022; Ref: scu.553653

The Commissioners and Trustees of The Forfeited Estates v Sir James Macdonald of Slate, Bart: HL 11 Jun 1720

Forfeiture for Treason – An act of parliament, passed on the 7th of May 1716, enacts that the persons therein mentioned, should, under tain of attainder, surrender themselves to a justice of the peace by a day certain. A person, who had surrendered by letter to the commander in chief, before the passing of the act, and was directed to proceed to a place appointed, but who, it was alleged, was prevented by indisposition; and who never surrendered to a justice in terms of the act, was nevertheless attainted of creation.
Proof – The Court having allowed a party to repeat a proof led in the same matter at issue, but in a cause at the instance of another party, in which his present opponents ‘ did compear,’ the judgment is reversed.

Citations:

[1720] UKHL Robertson – 307, (1720) Robertson 307

Links:

Bailii

Jurisdiction:

Scotland

Crime

Updated: 13 September 2022; Ref: scu.553648

Ex Parte The Commssioners and Trustees of The Forfeited Estates v George Ogilvie of Lunan, and Mr John Ogilvie of Balbegno, Advocate: HL 14 Dec 1720

Forfeiture for Treason. – Kirk Patrimony – This act for the encouragement of vassals continuing loyal, gave them a right to hold their lands. andc. of the Crown, in the same manner as they were held by the superior forfeited for treason: but vassals in church-lands, who had not claimed the benefit of the acts 1633 and 1661, annexing the superiorities of church-lands to the Crown, and had paid their feuduties to a subject superior, without receiving any new investiture from him, were not on his attainder entitled to the benefit of the said act, 1 G. 1. c. 20., but found to have right to hold of the Crown on payment of the same feuduties, andc. as paid to the forfeiting person.

Citations:

[1720] UKHL Robertson – 331, (1720) Robertson 331

Links:

Bailii

Jurisdiction:

Scotland

Crime

Updated: 13 September 2022; Ref: scu.553654

Gray, Regina (on The Application of) and Others v Crown Court Aylesbury: Admn 12 Mar 2013

The defendant sought judicial review of his convictions under section 4 and section 9 of the 2006 Act. Police had, on the advice of veterinary surgeons removed over one hundred horses for their protection.
Held: Review was granted, and the mattr remitted. It was incorrect to enter a conviction under section 9 of the 2006 Act where the defendant had been acquitted of an offence under section 4 and the neglect shown under section 9 was in fact no worse than that which had caused the unnecessary suffering founding the conviction under section 4. Though no objection could be taken to convictions under each section in respect of the same animal, that could only be proper where some additional evidence justified the more serious conviction.

Judges:

Toulson LJ, Silber J

Citations:

[2013] EWHC 500 (Admin), [2014] 1 WLR 818, (2013) 177 JP 329, [2013] CTLC 157, [2013] WLR(D) 204, [2013] 3 All ER 346

Links:

Bailii, WLRD

Statutes:

Animal Welfare Act 2006 9

Jurisdiction:

England and Wales

Crime, Animals

Updated: 13 September 2022; Ref: scu.471683

Smedleys Limited v Breed: HL 1974

The defendant company had sold a can of peas. A caterpillar was found in it.
Held: Despite having shown that they had taken all reasonable care, the defendant was guilty of selling food not to the standard required. The defence under the Act was available only if the incident was unavoidable, but that would require every person in the production line to have done everything humanly possible. Notwithstanding non-negligent quality control, there was strict liability at criminal law where a caterpillar identical in colour, size, density and weight to the peas in a tin survived the process in one out of three million tins.
Viscount Dilhorne said: ‘In 1951 the question was raised whether it was not a basic principle of the rule of law that the operation of the law is automatic where an offence is known or suspected. The then Attorney-General, Sir Hartley Shawcross, said: ‘It has never been the rule in this country – I hope it never will be – that criminal offences must automatically be the subject of prosecution.’ He pointed out that the Attorney-General and the Director of Public Prosecutions only intervene to direct a prosecution when they consider it in the public interest to do so and he cited a statement made by Lord Simon in 1925 when he said: ‘there is no greater nonsense talked about the Attorney-General’s duty than the suggestion that in all cases the Attorney-General ought to decide to prosecute merely because he thinks there is what the lawyers call a case. It is not true and no one who has held the office of Attorney-General supposes it is.’ Sir Hartley Shawcross’s statement was indorsed, I think, by more than one of his successors.’

Judges:

Viscount Dilhorne

Citations:

[1974] AC 839

Statutes:

Food and Drugs Act 1955

Jurisdiction:

England and Wales

Cited by:

Cited – A and Others v National Blood Authority and Another QBD 26-Mar-2001
Liability under the Act for a defective product was established where the defect was known, even though the current state of knowledge did not make it possible to identify which of the products was affected. The Act was to be construed to be . .
Cited – Purdy, Regina (on the Application of) v Director of Public Prosecutions and others CA 19-Feb-2009
The claimant suffered a debilitating terminal disease. She anticipated going to commit suicide at a clinic in Switzerland, and wanted first a clear policy so that her husband who might accompany her would know whether he might be prosecuted under . .
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 . .
Lists of cited by and citing cases may be incomplete.

Consumer, Crime

Updated: 12 September 2022; Ref: scu.223562

John Lewis and Co Ltd v Tims: HL 1952

There had been an arrest by shop detectives of two customers who were believed to have stolen goods, the arrest taking place after they had left the shop. The shop detectives returned with them to the shop in order to allow a senior person in management to decide what steps should be taken, the decision being to hand them over to the police to pursue charges.
Held: The House rejected the proposition that they were to be taken before a justice immediately or forthwith, accepted that the requirement was to take them before a justice as soon as reasonably practicable, and held that there was no breach of that standard involved in taking them back to a responsible officer, who might then deliver them to the authority of the police. Being an arrest by private citizens, the validity of the arrest turned on whether a theft had been committed.
Where in exercise of the common law power of arrest, a person arrests another for an offence, his duty is to take the arrested person before a justice or to a police station as soon as he reasonably can.
Lord Porter said: ‘Those who arrest must be persuaded of the guilt of the accused; they cannot bolster up their assurance or the strength of the case by seeking further evidence and detaining the man arrested meanwhile or taking him to some spot where they can or may find further evidence.’

Citations:

[1952] AC 676, [1952] 1 All ER 1203; [1952] 1 WLR 1132, [1952] 1 TLR 1132, [1951] 2 KB 549

Jurisdiction:

England and Wales

Cited by:

Cited – Laporte, Regina (on the Application of) v Gloucestershire Constabulary and others Admn 19-Feb-2004
The court considered a claim for judicial review of a police officer’s decision to turn back a number of coaches. Each coach contained passengers en route to join a demonstration at an RAF base in Gloucestershire, the officer honestly and reasonably . .
Cited – Howarth v Gwent Constabulary and Another QBD 1-Nov-2011
The claimant alleged malicious prosecution and misfeasance in public office against the defendant. He had been charged with perverting the course of justice. He had worked for a firm of solicitors specialising in defending road traffic prosecutions. . .
Lists of cited by and citing cases may be incomplete.

Crime, Torts – Other

Updated: 12 September 2022; Ref: scu.221537

Attorney General’s Reference No 1 of 1999 (Newberry): CACD 16 Mar 1999

The offence of witness intimidation was committed by a defendant, even though the threats were made by a third party on his behalf, provided the threat was intended by the accused to be passed to the witness, and provided the other elements of the offence were present.

Citations:

Times 06-Jul-1999, Gazette 30-Jun-1999, [1999] EWCA Crim 722, [1999] EWCA Crim 1589

Statutes:

Criminal Justice and Public Order Act 1994 51(1)

Jurisdiction:

England and Wales

Crime

Updated: 12 September 2022; Ref: scu.157122

Stubbs v Regina: PC 2 Nov 2020

(From the Court of Appeal of the Commonwealth of the Bahamas) Appeals from conviction of murder and against sentence of 45byears imprisonment – admission of identification evidence, including what is said to be ‘dock identification’ evidence, the admission of a police analyst’s ballistics report without the analyst being required to give oral evidence, and the judge’s directions on these and other matters.

Judges:

Lord Kerr, Lord Lloyd-Jones, Lord Kitchin, Lord Hamblen, Lord Burrows

Citations:

[2020] UKPC 27

Links:

Bailii, Bailii Summary

Jurisdiction:

England and Wales

Crime, Criminal Sentencing

Updated: 12 September 2022; Ref: scu.659462