Rex v Henson: 1852

The defendant was accused of committing a common nuisance. He led through the streets a horse which was infected with a ‘contagious, infectious and dangerous disease’. He knew of the danger.
Held: The conviction was proper.

Citations:

(1852) Dears 24, [1852] 169 ER 621

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.231623

Rex v Vantandillo: 1815

The mother of a young child took him through a public street well knowing that the child suffered from the contagious, infectious and dangerous disease of smallpox.
Held: She was properly convicted and sentenced to three months’ imprisonment in the custody of the marshal for the offence of committing a public nuisance.

Citations:

(1815) 4 MandS 73

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.231619

Green v Moore: 1982

The respondent, a probationer police constable was convicted for obstructing police officers in the execution of their duty under s51(3) of the 1964 Act. He was a regular in a bar he knew was to be raided. He warned the landlord who complied with the law that evening. A plain clothes constable was to drink there to observe if drinking was allowed after licensing hours, and let in uniformed constables who would be on patrol outside if that was the case. The Crown Court allowed his appeal saying that to establish the offence, the prosecution had to prove that the person aided by the alleged obstruction was at the time of the obstruction in the course of committing or had committed an offence, and since the alleged obstruction, namely, the warning, took place during licensing hours, no offence had been or could have been committed by the licensee at the time of the obstruction. The prosecutor appealed.
Held: To give a warning to a person so that he could postpone the commission of a crime until the danger of detection had past, was just as much an obstruction of a constable as was giving a warning in order that a crime already in the course of being committed could be suspended until the danger of detection had past. Donaldson criticised the case of Bastable: ‘If Bastable v Little has never yet been criticised, this is a situation which is capable of being remedied. It seems to us to be a very curious decision based on a highly eccentric view of the facts. The decision seems to have proceeded on the basis that prior to the warning the motorists concerned had not exceeded the speed limit and that the warning was intended to discourage them from ever so doing. If that were indeed the position, we would agree that no offence was committed. Far from obstructing the police in the execution of their duty, Mr Little would have been assisting them in one of their most important duties, namely, crime prevention. But a more realistic view of the facts is that the warning was based on a lively anticipation that even if the motorists were not then exceeding the speed limit, they were likely to do so over the measured distance and the warning was intended to discourage them from doing so until after they had passed out of the area of the police trap. However, the court never considered that hypothesis. We cannot see any distinction between a warning given in order that the commission of a crime may be suspended whilst there is danger of detection, which is an offence (see Betts v Stevens) and one which is given in order that the commission of a crime may be postponed until after the danger of detection has passed. We are, of course, bound by Bastable v Little and it must be left to others to consider overruling it. However, it is an authority which, in our judgment, should be strictly confined to the facts as the court found them.’

Judges:

Donaldson LJ

Citations:

[1982] 1 All ER 428

Statutes:

Police Act 1964 51(3)

Jurisdiction:

England and Wales

Citing:

CitedBastable v Little 1907
The police had set up a series of speed traps in London Road, Croydon. Mr Little occupied himself giving warning signals to drivers approaching the traps, thus ensuring that they did not exceed the speed limit. There was no evidence that the drivers . .
CitedBetts v Stevens 1910
The defendant, an Automobile Association patrolman was accused of obstructing a police constable in the execution of his duty. The police had set a speed trap, and the defendant had warned approaching vehicles of the trap. At the time they were . .
CitedRice v Connolly 1966
No Legal Duty to Assist a Constable
At common law there is no legal duty to provide the police with information or otherwise to assist them with their inquiries. Lord Parker set out three questions to be answered when asking whether there had been an obstruction of an officer in the . .

Cited by:

CitedDirector of Public Prosecutions, Regina (on the Application of) v Glendinning Admn 13-Oct-2005
The defendant had been accused of obstructing a constable in the execution of his duty by warning motorists of presence of a police speed trap. The prosecutor appealed from dismissal of the charge.
Held: ‘the hand signals given by the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.235214

Regina v Stevenson: 1862

The defendant was convicted of causing a public nuisance by exposing for sale unfit meat.

Citations:

(1862) 3 FandF 106, [1862] 176 ER 48

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.231624

Rex v Hodgkinson: 1829

The term ‘victuals’ means food or sustenance including drink, and ‘victualler’ means anyone who sells victuals.

Judges:

Lord Tenderden

Citations:

(1829) 10 B and C 74

Jurisdiction:

England and Wales

Cited by:

CitedMount Cook Land Ltd v Joint London Holdings Ltd and Another CA 7-Oct-2005
The head lease contained a covenant against use of the premises as ‘victuallers’. The tenant sublet the premises for use as a sandwich shop. The tenant argued that the word ‘victuallers’ was to be construed only to prevent the use as ‘licensed . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.231047

Rees v Munday: QBD 1974

The defendant advertised in a motor trade journal, to sell a vehicle, which was ‘in first class condition throughout.’ In the same advertisement was the reference to it being of ’12 yard’ capacity.’ The Act applied differently according to whether a vehicle had been supplied when the contract was made or only upon subsequent delivery. The Court considered the meaning of the word ‘supply’ within the 1968 Act.
Held: The supply occurred when the goods were delivered: ‘one cannot get away from the fact, I think, that when the advertisement was published there was only one lorry of that description in the seller’s possession, and I think that the description was applied to that lorry when the advertisement itself was published. I think that is an example of the trade description being used in a manner likely to be taken as referring to the goods because if there was only one lorry of that description, that fact would indicate to anybody that the trade description applied to that one vehicle.’ and ‘For my part I think that the proper construction of this Act requires supply to be treated here as the date of delivery. I can see that there are arguments which might be advanced for applying the Sale of Goods Act 1893 to this situation and saying that an article is supplied when the property passes by virtue of that Act. But I think . . that that would be an unnecessary and undesirable complication to attach to this already somewhat difficult Act, and I think that the proper meaning of supply in this context is the delivery of the goods as delivered by the seller, or notification that they are available for delivery if they are to be collected by the buyer.’

Judges:

Lord Widgery CJ

Citations:

[1974] 1 WLR 1284

Statutes:

Trade Descriptions Act 1968 1(1)(b)

Jurisdiction:

England and Wales

Cited by:

CitedInterfact Ltd and Another v Liverpool City Council Admn 23-May-2005
The defendants, operators of licensed sex shops, appealed convictions for offences under the Act. The shops had supplied videos rated R*18 by mail order from the shops. The Trading Standards Officer said this did not satisfy the requirement that . .
CitedDecidebloom Ltd (T/A Stoneacre Motor Group) v Tameside Metropolitan Borough Council Admn 10-Dec-2008
The defendant brought a case stated in its defence of allegations under the 1968 Act arising from the sale of a Fiat Punto. It was said to have advertised ‘Drive away a new Fiat Punto for a certain price. The car offered was pre-registered. The only . .
Lists of cited by and citing cases may be incomplete.

Crime, Consumer

Updated: 07 December 2022; Ref: scu.225197

Regina v Rose: 1847

A person may use proportionate force to defend himself.

Citations:

(1847) 2 Cox 329

Jurisdiction:

England and Wales

Cited by:

CitedDirector of Public Prosecutions v Bayer, Hart, Snook, and Whistance Admn 4-Nov-2003
The defendants protested the growing of genetically modified crops. The prosecutor appealed dismissal of charges of aggravated trespass for them having entered a crop and attached themselves to tractors. The district judge decided they had genuine . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.187495

Rex v Darcy and Collins: 1664

D and C were indicted for a misdemeanour in that D had challenged E to a duel and sent the challenge by C who knew well about it. Both defendants were Guilty.

Citations:

(1664) 1 Sid 186, 82 ER 1047

Jurisdiction:

England and Wales

Crime

Updated: 07 December 2022; Ref: scu.186597

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 critical aspects, and had threatened witnesses to avoid their attendance at court.
Held: The divisional court had expressed doubts about the conviction. It was now, after Pendleton, wrong to hold that there were substantial improprieties in a conviction, but that it could still be upheld because it would not have affected the jury. Once a case had been successfully referred to the court, the court whilst respecting the Commission, could consider additional grounds. Here, new challenges had been made to the introduction within a witness statement of a rehearsal of evidence given by another witness, which evidence was prejudicial and hearsay. Appeal allowed.

Judges:

Lord Justice Auld Mr Justice Simon Mr Justice Keith

Citations:

[2003] EWCA Crim 1753, Times 26-Jun-2003, 2002/02985S2, Gazette 28-Aug-2003, [2003] 1 WLR 2931

Links:

Bailii

Statutes:

Criminal Appeal Act 1995 14(5)

Jurisdiction:

England and Wales

Citing:

CitedRegina v Smith (Wallace Duncan) (No 3) CACD 28-Nov-2002
The appellant was supported in his appeal by the Criminal Cases Review Commission. In addition the appellant sought to permission raise other grounds of appeal. The prosecution asserted that the court could filter the grounds of appeal already . .
CitedRegina 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 . .
CitedRegina v Pendleton HL 13-Dec-2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal.
Held: . .
CitedRegina v Edwards CACD 31-Jan-1996
Police evidence which had been impugned by suggestions of perjury was not to be used not to found a conviction. A senior officer can be in a position to infect the whole investigative process and evidence so as to render the conviction unsafe: ‘Once . .

Cited by:

CitedSmith (Wallace Duncan), Regina v (No 4) CACD 17-Mar-2004
The defendant appealed convictions for fraudulent trading and obtaining property by deception, saying that the English court could not prosecute an offence committed principally in the US.
Held: Provided some substantial element (here the . .
CitedRegina v Stock CACD 8-Aug-2008
The defendant sought to appeal his conviction in 1970 for robbery. He had refused to attend an identity parade but was then confronted with the main witness. Witnesses had also been shown photographs from which they were said to have selected the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.183706

Wiles v Maddison: 1943

It was proved that the defendant had the intention to commit an offence. Viscount Caldecote CJ said ‘A person might, for instance, be convicted of making an offer of an article at too high a price by putting it in his shop window to be sold at an excessive price, although there would be no evidence of anybody having passed the shop window or having seen the offer or the exposure of the article for sale at that price.’

Judges:

Viscount Caldecote CJ

Citations:

[1943] 1 All ER 315

Jurisdiction:

England and Wales

Cited by:

DistinguishedFisher v Bell QBD 10-Nov-1960
A shopkeeper displayed a flick-knife in his window for sale. A price was also displayed. He was charged with offering it for sale, an offence under the Act. The words ‘offer for sale’ were not defined in the Act, and therefore the magistrates . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.185105

Regina v Wragg: 1990

Citations:

[1990] 12 Cr App R 537

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Biddle CACD 24-Oct-1996
The defendant appealed sentences of five years for indecent assaults on strangers in public places at night. One was on a girl of 16, and the offences. Were committed within a short time of each other. He had denied the offences despite clear . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.182323

Osman v Southwark Crown Court: Admn 1 Jul 1999

The defendant appealed against his conviction for assaulting a police officer. He complained that he had been subjected to an unlawful assault, in that before being searched under the 1994 Act, the officer had not given his details.
Held: The obligation on an officer to provide his name, number and station was mandatory and a pre-condition to a lawful search. The search was unlawful;. And the officer was not acting in the course of his duty.

Citations:

Times 28-Sep-1999, [1999] EWHC Admin 622

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 2(3)(a), Criminal Justice and Public Order Act 1994 60(5)

Jurisdiction:

England and Wales

Crime, Police

Updated: 07 December 2022; Ref: scu.139886

Regina v Bezzina, Regina v Codling, Regina v Elvin: CACD 7 Dec 1993

The offence under section 3(1), requiring the owner to keep a dangerous dog under control, is one of strict liability. The court noted the difference in wording between the sections.
Kennedy LJ said: ‘Accordingly, we come to the conclusion that the terms of the statute in section 3(1) do have to be read in the way that we indicated at the start of this judgment. In other words, when one encounters the words in section 3(1) — ‘dangerously out of control’ — one applies the meaning which is set out in section 10(3) and that means, in effect, that if a dog is in a public place, if the person accused is shown to be the owner of the dog, if the dog is dangerously out of control in the sense that the dog is shown to be acting in a way that gives grounds for reasonable apprehension that it would injure anyone, liability follows. Of course, if injury does result then, on the face of it, there must have been, immediately before the injury resulted, grounds for reasonable apprehension that injury would occur.’

Judges:

Kennedy LJ

Citations:

Gazette 02-Feb-1994, Times 07-Dec-1993, [1994] 1 WLR 1057

Statutes:

Dangerous Dogs Act 1991 3(1) 3(2)(3)

Jurisdiction:

England and Wales

Cited by:

CitedCriminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber) CA 3-Feb-2014
The claimant had been riding his cycle. A dog, known to be aggressive, chased him, he swerved ino the path of a car and was severely injured. His claim was rejected by the appellant saying that no crime of violence had been involved. CICA now . .
CitedRafiq v Director of Public Prosecutions QBD 1997
The court heard an appeal from conviction of an offence under section 3.
Held: The court referred to Bezzina.
Popplewell J dissented from the approach in Bezzina, saying: ‘It seems to me that in order to impose some logic in this case the . .
CitedGedminintaite, Regina v CACD 15-Feb-2008
Application for leave to appeal against a ruling given by His Honour Judge Gibson as to how he would address the jury in a case of an offence under the Dangerous Dogs Act 1991. Rottweiler with no history of aggression attacking passer by.
Lists of cited by and citing cases may be incomplete.

Animals, Crime

Updated: 07 December 2022; Ref: scu.86129

Pateco-Te, Regina v: CACD 7 Feb 2020

Renewed applications for leave to appeal against both conviction and sentence after refusal by the single judge. The applicant was convicted of murder and violent disorder and was sentenced on the same date to life imprisonment with a minimum term of 27 years, less credit for days spent on remand, and a concurrent 30-month term in relation to the violent disorder.

Citations:

[2020] EWCA Crim 196

Links:

Bailii

Jurisdiction:

England and Wales

Crime, Criminal Sentencing

Updated: 06 December 2022; Ref: scu.648849

BM, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 23 Mar 2009

The claimant wished to assert that he had been tortured by the US. The parties disputed whether the claimant formerly in custody in Guantanamo Bay had settled the case againt him, the claimant saying it was a plea bargain imposed on him unfairly. In view of ongoing discussions, further information was held back.

Citations:

[2009] EWHC 571 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Crime, International

Updated: 06 December 2022; Ref: scu.323748

Davey v Shawcroft: 1948

The court was asked whether an agent of the committee of an unincorporated association, who was personally responsible for a breach of the licence terms, was properly convicted.
Held: Lord Goddard CJ said that section 19 meant that an unincorporated committee could be a licensed person for regulatory purposes under the Coal Distribution Order.

Judges:

Lord Goddard CJ

Citations:

[1948] 1 All ER 827

Statutes:

Interpretation Act 1889 19

Jurisdiction:

England and Wales

Cited by:

CitedRegina v RL and JF CACD 28-Aug-2008
Club, not members, prosecutable for breach
The Environment Agency appealed against dismissal of charges against the defendants who were officers in an unincorporated members’ golf club on whose land there had been pollution. The judge had ruled that the unincorporated association could have . .
Lists of cited by and citing cases may be incomplete.

Crime, Company

Updated: 06 December 2022; Ref: scu.277729

K, Regina v: CACD 14 Aug 2008

The defendant had been called to the bar but was not within any chambers and did not have a practising certificate and was not subject to the Bar’s disciplinary code. He was prosecuted for providing immigration and advice service and advice whilst unauthorised.
Held: The intention of the Act was to ensure that only those subject to professional regulation provided immigration services. The defendant did not fall within that category. Even so, the defendant’s bona fides had not been questioned, and the court emphasised that it saw no purpose in the continuation of the present proceedings.

Judges:

Lord Justice Toulson, Mr Justice Andrew Smith and Judge Rogers, QC

Citations:

[2008] EWCA Crim 1900, Times 08-Oct-2008, [2009] 1 All ER 510, [2009] 1 WLR 694, [2009] 1 Cr App Rep 9, [2009] PNLR 6

Links:

Bailii

Statutes:

Immigration and Asylum Act 1999

Jurisdiction:

England and Wales

Crime, Legal Professions, Immigration

Updated: 06 December 2022; Ref: scu.272558

Kenning, Regina v: CACD 23 Apr 2008

Appeal from convictions of possession and supply of cannabis and amphetamines.

Judges:

Lord Phillips of Worth Matravers LCJ

Citations:

[2008] EWCA Crim 1074

Links:

Bailii

Statutes:

Criminal Law Act 1977 1(1)

Jurisdiction:

England and Wales

Cited by:

Leave to appealRegina v Kenning, Blackshaw, Fenwick CACD 24-Jun-2008
The defendants appealed against their convictions for conspiracy to aid and abet the production of drugs. They sold materials which could be used for the growing of cannabis, but exhibited a notice warning customers against this. They told . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.270940

Hayes v Stephenson: 1862

A defendant found in a park for the purpose of fornication was not guilty of the offence under the Act because fornication was not a criminal offence.

Citations:

[1860] 25 JP 39

Statutes:

Vagrancy Act 1824

Jurisdiction:

England and Wales

Cited by:

ApprovedSmith v Chief Superintendent, Woking Police Station 1983
The defendant entered the garden of a private house and looked through the windows of the house occupied by the victim. She was terrified. The Justices concluded that the defendant had deliberately frightened the victim, and that that constituted an . .
CitedL v Crown Prosecution Service Admn 16-Jul-2007
The defendant, a youth, apealed his conviction under the 1824 Act of being found on enclosed premises for an unlawful purpose.
Held: No unlawful purpose had been shown and the conviction was quashed. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.259199

Secretary of State for the Home Department v AL: Admn 17 Aug 2007

The claimant sought to challenge a control order made against him under the 2005 Act. He had not cross examined the prosecution witnesses saying that the procedure was unfair in that he had not been allowed to see all the evidence against him. He said that the evidence did not justify the finding of reasonable grounds for suspecting his involvement in terrorism.
Held: The evidence shown to the claimant was not on its own sufficient to justify a reasonable suspicion, but one was justified when this was combined with the closed evidence. The restrictions were justified and not disproportionate.

Judges:

Ouseley J

Citations:

[2007] EWHC 1970 (Admin)

Links:

Bailii

Statutes:

Prevention of Terrorism Act 2005

Jurisdiction:

England and Wales

Citing:

CitedSecretary of State for the Home Department v MB CA 1-Aug-2006
The Secretary of State appealed a declaration that the restrictions imposed on the complainant under the 2005 Act were an infringement of his human rights, and a declaration of incompatibility as regards section 3.
Held: The appeal succeeded. . .
CitedSecretary of State for the Home Department v AF Admn 30-Mar-2007
The claimant, who was suspected of terrorist activities but against whom no criminal charges had been established, complained that a control order imposed on him was so extensive as to amount to a deprivation of liberty.
Held: The order was a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.258827

Hatton, Regina v: CACD 26 Oct 2005

Appeal from conviction of murder: The appeal raises an important point of law as to the effect of voluntary intoxication on the defence of self-defence.

Judges:

Lord Phillips of Worth Matravers LCJ

Citations:

[2005] EWCA Crim 2951,
Neutral Citation Number: [2005] EWCA Crim 2951

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 06 December 2022; Ref: scu.249352

Nulyarimma v Thompson: 1 Sep 1999

(Federal Court of Australia) The court rejected the automatic assimiliation of the international crime of genocide into national law.
Austlii CRIMINAL LAW – International crime of genocide – Meaning of genocide – Intentional element – Prohibition of genocide as a norm of international customary law – No legislation providing for prosecution of genocide claims in Australian courts – Whether genocide is cognisable in Australian courts in the absence of legislation.
ABORIGINES – Claims that sponsorship of Native Title Act amendments and failure to seek World Heritage Listing of Lake Eyre region were acts of genocide – Impropriety of courts inquiring into actions of Parliament – Obligations arising under World Heritage Convention.

Citations:

(1999) 120 ILR 353, [1999] FCA 1192

Links:

Austlii

Jurisdiction:

Australia

Cited by:

CitedRegina v Jones (Margaret), Regina v Milling and others HL 29-Mar-2006
Domestic Offence requires Domestic Defence
Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.239967

St George: 1840

The ‘actus reus’ in an assault is the action causing the effect on the victim’s mind.

Judges:

Parke B

Citations:

(1840) 9 C and P 483

Jurisdiction:

England and Wales

Cited by:

CitedFagan v Metropolitan Commissioner 31-Jul-1968
The defendant was told by a police officer to park up his car. He did so, but stopped with his wheel, trapping the officer’s foot. The magistrates were unable to decide whether the parking on the officer’s foot was deliberate, but agreed that . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.235897

Rex v Medley: 1834

The defendant directors of a company were accused of committing a public nuisance by acts causing pollution of the River Thames.
Held: The jury was directed that directed the jury that the ignorance of the directors was no defence if they had authorised a manager to conduct the works, and they were each fined andpound;25.

Judges:

Denman CJ

Citations:

(1834) 6 C and P 292

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.231621

Statham and Statham v Gaekwar of Baroda: 1892

The certificate of the Secretary of State confirmed the state immunity of the defendant.

Citations:

[1892] P 92

Jurisdiction:

England and Wales

Cited by:

CitedAlamieyeseigha, Regina (on the Application Of) v Crown Prosecution Service Admn 25-Nov-2005
The defendant argued that as Governor and Chief Excecutive of Bayelsa State in Nigeria he had sovereign immunity. The Foreign Office had issued a certificate that the defendant was not a Head of States under the 1978 Act. The A-G of Bayelsa had . .
Lists of cited by and citing cases may be incomplete.

International, Crime

Updated: 06 December 2022; Ref: scu.235348

Regina v Jarvis: 1862

The defendant was convicted of committing a public nuisance by bringing unfit meat to the market.

Citations:

(1862) 3 FandF 108, [1862] 176 ER 49

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.231625

Regina v Crawley: 1862

The defendant was convicted of committing a public nuisance by sending unfit meat to a meat salesman.

Citations:

(1862) 3 FandF 109, [1862] 176 ER 49

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.231626

Regina v Surrey Justices: 1888

The term ‘victuals’ means food or other sustenence including drinks.

Judges:

Wills J

Citations:

(1888) 52 JP 423

Jurisdiction:

England and Wales

Cited by:

CitedMount Cook Land Ltd v Joint London Holdings Ltd and Another CA 7-Oct-2005
The head lease contained a covenant against use of the premises as ‘victuallers’. The tenant sublet the premises for use as a sandwich shop. The tenant argued that the word ‘victuallers’ was to be construed only to prevent the use as ‘licensed . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.231048

Rex v Charles Gavan Duffy: 1848

The defendant was editor of the Irish newspaper ‘The Nation’. He was accused of treason.
Held: The judge summed up the offence of treason under the Act as follows: ‘if any person shall entertain the intention of deposing Her Majesty from her sovereignty in this country, or the intention of levying war against Her Majesty for the purpose of coercing her to change her measures and counsels and shall in either case manifest such an intention by any printing or writing, he shall be guilty of felony . . an attempt to depose the sovereign does not impart any intention to injure the Queen or even to treat her with any personal disrespect. Neither is a formal intention to deprive her of her titles, position and dignity necessary. The offence has been perpetrated if the prisoner has entertained and expressed the intention of constituting or setting up in this Kingdom any body of persons who were to exercise the functions of the Government and virtually to supersede the Queen’s authority – still more so if the prisoner has entertained and expressed an intention of severing this country from the British crown and establishing either a republic or any other form of Government.’

Judges:

Ball J

Citations:

(1848) St Tr (NS) 915

Statutes:

Treason Felony Act 1848 3

Jurisdiction:

England and Wales

Cited by:

CitedRusbridger and Another v Attorney General CA 20-Mar-2002
The paper wanted to publish an article about the monarchy but was concerened that it might lead to it being prosecuted under the 1848 Act. The complainant sought declarations as to the incompatibility of the 1848 Act with the 1998 Act.
Held: . .
Lists of cited by and citing cases may be incomplete.

Crime, Constitutional

Updated: 06 December 2022; Ref: scu.184027

Regina v Gallagher: 1883

Acts of treason did not extend to acts in Ireland.

Citations:

(1883) 15 Cox 291

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Her Majesty’s Attorney General ex parte Rusbridger and Another HL 26-Jun-2003
Limit to Declaratory Refilef as to Future Acts
The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act.
Held: Declaratory relief as to the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.184055

Director of Public Prosecutions v Billington: 1988

Citations:

(1988) 87 Cr App R 68

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Inner London Justices ex parte Cukic Admn 1-Sep-1995
The applicant sought judicial review of the refusal of the magistrates to state a case for him to appeal to the High Court. He had been convicted of failing to provide a specimen of breath for analysis. The magistrates considered the request . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.181211

Regina v Bruce: 1847

Citations:

(1847) 2 Cox CC 262

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Brown (Anthony); Regina v Lucas; etc HL 11-Mar-1993
The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that the prosecution had not needed to . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.182264

Regina v Adams: 8 Apr 1957

Judges:

Devlin J

Citations:

(Unreported), 8 April 1957

Jurisdiction:

England and Wales

Cited by:

CitedAiredale NHS Trust v Bland HL 4-Feb-1993
Procedures on Withdrawal of Life Support Treatment
The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.180319

McNaughten’s Case: 1843

Citations:

(1843) 10 CI andF 200

Jurisdiction:

England and Wales

Cited by:

CitedGeorge Moore v The State PC 29-Jan-2001
(Trinidad and Tobago) The defendant appealed a conviction for murder. It was said the judge misdirected the jury on the defence of insanity, drawing a false distinction between medical and legal insanity. Though attempts had been made to cure the . .
CitedRegina v Antoine HL 30-Mar-2000
The appellant sought to argue that despite having been found unfit to plead under the 1964 Act, it was still open to him to argue that the defence under section 2 of the 1957 Act applied, and that he was entitled to be plead diminished . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.180927

Swaby v the Queen (Bahamas): PC 22 Dec 1997

The applicant appealed a conviction for murder, attempted murder and robbery. He had given a confession, and had been identified by eye witnesses. He applied for other statements to be admitted, but this was refused at trial. He claimed that the admission was involuntary and inadmissible. The police denied that he had been beaten, but evidence was brought, including from the magistrate who first saw him, that he had been beaten.
Held: The crown failed to discharge the burden on them to establish that the admissions were given voluntarily. Without the admission, there was no sufficient other evidence.

Judges:

Lord Goff of Chieveley Lord Lloyd of Berwick Lord Nolan Lord Hope of Craighead

Citations:

[1997] UKPC 68, [1997] UKPC 68

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 06 December 2022; Ref: scu.159281

HBH, Regina (On the Application of) v Secretary Of State for the Home Department and Another: Admn 6 May 2009

The claimant challenged the procedures used to decide his age after he arrived in the UK and was prosecuted for immigration offences.

Judges:

Keith J

Citations:

[2009] EWHC 928 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Crime, Immigration

Updated: 05 December 2022; Ref: scu.341856

Mulcahy, Regina v: Admn 26 Oct 2000

The defendant had been convicted on the strength of identification evidence. Subsequently a fingerprint had been found which belonged to someone who fitted the description first given by the witness.
Held: The conviction was unsafe.

Citations:

[2000] EWCA Crim 106

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 05 December 2022; Ref: scu.331142

T v Director of Public Prosecutions: Admn 10 Jul 2007

Appeal by case stated against conviction of having secured entry to premises by violence. Inferences to be drawn from defendant’s silence at police interview. The defendant complained that the magstrates should have set out clearly what inferences they had drawn and from what facts and allowed the defendant opportunity to make representations.
Held: The magistrates had not been in a position to draw the adverse inferences they had. The appeal succeeded.

Judges:

Hughes LJ, Treacy J

Citations:

[2007] EWHC 1793 (Admin)

Links:

Bailii

Statutes:

Criminal Law Act 1977 13, Criminal Justice and Public Order Act 1994 34

Jurisdiction:

England and Wales

Citing:

CitedRegina v Argent CACD 16-Dec-1996
The defendant complained that, after acting on his solicitor’s advice to not answer questions when interviewed by the police, the court had allowed the jury to draw inferences from his failure. The police had failed to make such full disclosure of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 December 2022; Ref: scu.261399

Regina v Thomas Dolan: 1855

Receiving stolen goods

Citations:

(1855) Dears 436, [1855] EngR 22, (1855) 169 ER 794

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

FollowedRegina v Villensky 1892
The prisoners could not be indicted for receiving stolen goods where the goods were no longer stolen when received. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 December 2022; Ref: scu.254557

Regina v George: 1960

(Canada) Fauteux J described the difference between a crime of basic intent and one of specific intent: ‘In considering the question of mens rea, a distinction is to be made between (i) intention as applied to acts considered in relation to their purposes and (ii) intention as applied to acts apart from their purposes. A general intent attending the commission of an act is, in some cases, the only intent required to constitute the crime while, in others, there must be, in addition to that general intent, a specific intent attending the purpose for the commission of the act.’

Judges:

Fauteux J

Citations:

(1960) 128 Can CC 289

Jurisdiction:

Canada

Cited by:

CitedRegina v Heron; Regina v Storey; Regina v Thomas HL 25-Mar-1982
The defendants appealed against their convictions for conspiracy to counterfeit gold coins. They said no evidence had been brought to suggest their intention to commit any dishonest act. The House was asked whether the offence was one of specific or . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 December 2022; Ref: scu.258438

Rex v Moore: 25 Jan 1832

Moore ran a rifle range in Bayswater. His customers shot at pigeons, which caused a crowd to gather outside and in neighbouring fields to shoot at the pigeons which escaped, causing noise, damage, disturbance and mischief.
Held: On conviction for committing a public nuisance, with the defendant undertaking to discontinue the shooting, no penalty was imposed.

Citations:

(1832) 3 B and AD 184, [1832] EngR 401, (1832) 110 ER 68 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 December 2022; Ref: scu.231620

Regina v Orton: 1878

What would otherwise be classified as a fierce assault in criminal law may not be so in the sporting context of a boxing match.

Citations:

(1878) 39 LT 293

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Brown (Anthony); Regina v Lucas; etc HL 11-Mar-1993
The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that the prosecution had not needed to . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 December 2022; Ref: scu.182259

The Queen v Crawford: PC 11 Nov 2015

From the Court of Appeal of the Cayman Islands – The crown appealed against the quashing of the respondent’s conviction for possession of an unlicensed firearm. A gun was found where he had been seen to discard a gun whilst being chased. The forensic evidence did not connect him to it.
Held: The appeal was rejected: ‘Neither in respect of the photographic evidence nor in respect of the DNA evidence were the criticisms of the Court of Appeal justified. The trial judge approached the case in respect of both matters correctly. There was no basis for departing from his verdict, which was based on his assessment of PC Bradley’s evidence and the elements of support available for it. ‘

Judges:

Lady Hale, Lord Kerr, Lord Reed, Lord Hughes, Lord Toulson

Citations:

[2015] UKPC 44

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedBland v Ross (Ship Julia) (Admiralty) PC 1860
The court considered the care needed in an appellate court in reversing a decision on the facts. Lord Kingsdown said that: ‘They, who require this Board, under such circumstances to reverse a decision of the court below upon a point of this . .
CitedSS Hontestroom v SS Sagaporack HL 1927
The court discussed the weight to be given by an appellate court to findings of fact made by the court of first instance.
Held: Not to have seen the witnesses puts appellate judges in a permanent position of disadvantage as against the trial . .
CitedPowell v Streatham Manor Nursing Home HL 1935
Where the Judge at the trial has come to a conclusion upon the question which of the witnesses, whom he has seen and heard, are trustworthy and which are not, he is normally in a better position to judge of this matter than the appellate tribunal . .
CitedBenmax v Austin Motor Co Ltd HL 1955
Except for cases which are expressly limited to questions of law, an appellant is entitled to appeal from the Court of Session to the House against any finding, whether it be a finding of law, a finding of fact or a finding involving both law and . .
CitedRegina 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 . .
CitedWhitehouse v Jordan HL 17-Dec-1980
The plaintiff sued for brain damage suffered at birth by use of forceps at the alleged professional negligence of his doctor. The Court of Appeal had reversed the judge’s finding in his favour.
Held: In this case most of the evidence at issue . .
CitedRegina v Browning CACD 1991
A witness by the name of Hughes said that he was overtaken at considerable speed by a Renault 25 with a registration number beginning C7.
Held: The peculiar risks of mistaken facial identification do not apply to the same extent to evidence of . .
CitedRegina v Luttrell; Regina v Dawson; Regina v Hamberger CACD 28-May-2004
The defendants appealed saying the court had wrongly admitted the evidence of a lip reader.
Held: Lip-reading was a recognised skill, and provided the judge gave appropriate warnings to a jury, recognising the possibility that evidence may not . .
CitedHampton and Another v The Crown CACD 30-Jul-2004
The defendants appealed against their convictions for murder. Evidence had been admitted as to the identification of a car from a memory of the registration mark by a witness.
Held: The evidence was properly admitted without a Turnbull . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 December 2022; Ref: scu.554669

Kadi v Commission: ECFI 30 Sep 2010

ECFI Common foreign and security policy – Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Regulation (EC) No 881/2002 – Freezing of a person’s funds and economic resources as a result of his inclusion in a list drawn up by a body of the United Nations – Sanctions Committee – Subsequent inclusion in Annex I to Regulation No 881/2002 – Action for annulment – Fundamental rights – Right to be heard, right to effective judicial review and right to respect for property.

Citations:

[2010] ECR II-5177, [2010] EUECJ T-85/09, [2011] Lloyd’s Rep FC 43, [2011] All ER (EC) 169, [2011] 1 CMLR 24

Links:

Bailii

Statutes:

Regulation (EC) No 881/2002

Jurisdiction:

European

Cited by:

CitedHome Office v Tariq SC 13-Jul-2011
(JUSTICE intervening) The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided . .
CitedYoussef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .
CitedHaralambous, Regina (on The Application of) v Crown Court at St Albans and Another SC 24-Jan-2018
The appellant challenged by review the use of closed material first in the issue of a search warrant, and subsequently to justify the retention of materials removed during the search.
Held: The appeal failed. No express statutory justification . .
Lists of cited by and citing cases may be incomplete.

Crime, International, Banking

Updated: 04 December 2022; Ref: scu.425265

Regina v Padola: 1959

Lord Parker CJ said: ‘In our judgment the direction given by Alderson B. is not intended to cover and does not cover a case where the prisoner can plead to the indictment and has the physical and mental capacity to know that he has the right of challenge and to understand the case as it proceeds.’

Citations:

[1959] 43 Cr App R 220

Jurisdiction:

England and Wales

Cited by:

CitedMoyle v Regina CACD 18-Dec-2008
The defendant appealed from his conviction for murder. He said that he had not been fit to plead at the time of the trial. A medical report had said that whilst his responsibility was impaired, it had not been substantially so. The report warned of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 December 2022; Ref: scu.279855

B v Secretary of State for the Home Department: SIAC 30 Jul 2008

Appeal against an order made by the Secretary of State that it will be conducive to the public good that he should be deported, on the grounds that his removal is in the interests of national security. The appellant said that he would not be safe if he was deported to Algeria. The authorities there did not accept his identity, which the appellant refused to disclose.
Held: The Secretary of State’s case on the risk to national security had been made out. SIAC concluded that, notwithstanding his mental health difficulties, B had played a leading role in facilitating communications for Algerian terrorists, as well as being responsible for the procurement of false documentation and high technology equipment. The hearing of the case on safety on return did not take place at that time because of the unresolved question of B’s true identity.

Judges:

Newman J

Citations:

[2008] UKSIAC 9/2005

Links:

Bailii

Statutes:

Immigration Act 1971 3(5)

Jurisdiction:

England and Wales

Cited by:

At SIACB v The Secretary of State for The Home Department CA 6-May-2015
The appellant was detained under immigration rules. He refused to provide details of his nationality and now complained of his continuing detention in the light of a finding that he was unlikely to be returnable to Algeria, that being what was . .
At SIACB (Algeria) v Secretary of State for The Home Department SC 8-Feb-2018
Bail conditions only after detention
B had been held under immigration detention, but released by SIAC, purportedly in conditional bail, after they found there was no realistic prospect of his deportation because he had not disclosed his true identity. The court was asked ‘whether . .
Lists of cited by and citing cases may be incomplete.

Immigration, Crime

Updated: 04 December 2022; Ref: scu.295107

McAuliffe v The Queen: 28 Jun 1995

Austlii (High Court of Australia) Criminal Law – Murder – Complicity – Common purpose to assault victim – Death – Direction that jury might convict if satisfied accused contemplated that intentional infliction of grievous bodily harm possible incident of joint enterprise.

Citations:

(1995) 69 ALJR 621, [1995] HCA 37, (1995) 130 ALR 26, (1995) 183 CLR 108

Links:

Austlii

Jurisdiction:

Australia

Cited by:

CitedRahman and Others, Regina v HL 2-Jul-2008
The defendants appealed against their convictions for murder. None had themselves inflicted any violence, but were convicted as part of a joint enterprise. They said they had not known that the principal carried a knife. They said that the evidence . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 December 2022; Ref: scu.270891

Anon: 1661

An indictment for perjury or forgery was not to be quashed on a motion of insufficiency without a trial of the issues.

Citations:

(1661) 1 Sid 54, (1661) 86 ER 237

Jurisdiction:

England and Wales

Crime

Updated: 04 December 2022; Ref: scu.272776

Regina v Franklin: 1883

For unlawful act manslaughter, the unlawful act must itself be criminal.

Citations:

(1883) 15 Cox CC 163

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Kennedy HL 17-Oct-2007
The defendant had been convicted of manslaughter. He had supplied a class A drug to a friend who then died taking it. The House was asked ‘When is it appropriate to find someone guilty of manslaughter where that person has been involved in the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 December 2022; Ref: scu.260083

Regina v Gillard: 1988

The defendant was guilty of an offence of administering a poison where he sprayed it directly in the victim’s face.

Citations:

(1988) 87 Cr App R 189

Statutes:

Offences Against the Person Act 1861 23

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Kennedy HL 17-Oct-2007
The defendant had been convicted of manslaughter. He had supplied a class A drug to a friend who then died taking it. The House was asked ‘When is it appropriate to find someone guilty of manslaughter where that person has been involved in the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 December 2022; Ref: scu.260085

Regina v Farell: 1862

(Court of Criminal Appeal in Ireland) The defendant exposed himself on a public road so that he was seen by one person as there was only one person passing at the time, though he could have been seen by others who might have been passing.
Held: Indecent exposure seen by one person and capable of being seen by one person only was not an offence. The Chief Justice giving the judgment of the court said in quashing the conviction: ‘but it is not to be taken that we lay it down that if the prisoner was seen by but one person, but there was evidence that others might have witnessed the offence at the time, we would not uphold the conviction; but in this case there is no evidence that anyone could have seen the prisoner but one female. Therefore all we say is, that an exposure seen by one person only is not an offence at common law. If there had been others in such a situation that they could have seen the prisoner, there would have been a criminal offence’.

Citations:

(1862) 9 Cox CC 446

Jurisdiction:

England and Wales

Cited by:

CitedHamilton, Regina v CACD 16-Aug-2007
The defendant appealed his conviction for outraging public decency. He had surreptitously filmed up the skirts of women in a supermarket. The offence was only discovered after the films were found on a search of his home for other material. The . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 December 2022; Ref: scu.258783

Regina v Villensky: 1892

The prisoners could not be indicted for receiving stolen goods where the goods were no longer stolen when received.

Judges:

Lord Coleridge CJ

Citations:

[1892] 2 QB 597

Jurisdiction:

England and Wales

Citing:

FollowedRegina v Thomas Dolan 1855
Receiving stolen goods . .

Cited by:

CitedHaughton v Smith, On Appeal From Regina v Smith (Roger) HL 21-Nov-1973
The defendant appealed against his conviction for attempting to handle stolen goods. They were to be delivered to him in a van, but the meat was intercepted and recovered by the police. The defendant argued that he should not be convicted of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 December 2022; Ref: scu.254556

IK, Regina v: CACD 8 Mar 2007

The prosecutor appealed a finding that the proceeds of cheating the revenue were not the proceeds of crime within the 2002 Act.
Held: The appeal succeeded. The case was different from Galbraith in that there was a clear finding of a cheat. The fact that the original earnings were obtained by a legitimate trade did not affect the issue.

Judges:

Dyson LJ, Crane J, Radford J

Citations:

[2007] EWCA Crim 491, Times 28-Mar-2007, [2007] Crim LR 645, [2007] 2 Cr App Rep 10, [2007] WTLR 817, [2008] STC 1270, [2007] 1 WLR 2262, [2007] STI 1771

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 340(5), Criminal Justice Act 2003 58

Jurisdiction:

England and Wales

Citing:

DistinguishedGabriel, Regina v CACD 2-Feb-2006
The appellant appealed convictions for possession of criminal property contrary to section 329(1)(c) of POCA. The police found him with sums of cash which the prosecution said were the proceeds of crime. After the jury had retired, the jury asked a . .
CitedRegina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
CitedRegina v Frank Adam Moran (Attorney General’s Reference No 25 of 2001) CACD 27-Jul-2001
The defendant pleaded guilty to making false statements, and cheating the public revenue by understating his profits as a market trader over a protracted period. The judge made a confiscation order equal to the amount of undeclared profit. On . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 December 2022; Ref: scu.249915

Williams v The Queen: PC 25 Apr 2006

PC Jamaica – the appellant had been twelve when convicted on his own confession of murder. He said that the statement after oppression. The statement had been challenged but admitted without following the necessary procedure.

Judges:

Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2006] UKPC 21

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedMitchell v The Queen PC 24-Jan-1998
(Bahamas) The judge’s decision on a voire dire to determine the admissibility of a confession should not be revealed to the jury since it might cause unfair prejudice to the defendant by conveying the impression that the judge had reached a . .
CitedRegina v Mushtaq HL 21-Apr-2005
The defendant was convicted of fraud charges. He sought to have excluded statements made in interview on the basis that they had been obtained by oppressive behaviour by the police. His wife was very seriously ill in hospital and he had made the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 December 2022; Ref: scu.241471

Regina v Jones: 1959

There were two criminal acts and the defendant had two purposes, one ancillary to the other. His primary intention was to steal. Having stolen the money, he then killed as he left the house in order to avoid detection.

Citations:

[1959] 1 QB 291

Jurisdiction:

England and Wales

Cited by:

CitedEvon Smith v The Queen PC 14-Nov-2005
PC (Jamaica) The Board was asked whether the offence was a capital murder. The murder was committed in the course of a burglary. The defendant had stood on a ladder and reached in through a window and attacked . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 December 2022; Ref: scu.237281

Rex v Goodhall: 1846

Proof of pregnancy was unnecessary to establish an offence under the Act of procuring a miscarriage.

Citations:

(1846) 1 Den CC 187

Statutes:

Offences against the Person Act 1837

Jurisdiction:

England and Wales

Cited by:

CitedRegina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 December 2022; Ref: scu.223704

Regina v Trim: 1943

(Supreme Court of Victoria) Section 62 of the Crimes Act 1928 made it an offence to do certain acts ‘with intent to procure the miscarriage of any woman’, specifically in the context of an argument (rejected by the court) that it was a defence if the defendant believed that the child in the womb was already dead.
Held: Martin J, with whom O’Bryan J agreed (Macfarlan J dissented), treated ‘miscarriage’ as synonymous with ‘abortion’ and as referring variously to the expulsion or removal of ‘the contents of a gravid uterus’, the ‘untimely emptying of a uterus which contains the products of a conception’ and ‘the emptying of the contents of the womb’. It was accordingly neither here nor there that the child was already dead.

Judges:

Macfarlan, Martin and O’Bryan JJ

Citations:

[1943] VR 109

Jurisdiction:

Australia

Cited by:

CitedRegina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 December 2022; Ref: scu.223714

Regina v Scott: 1979

Citations:

[1979] 68 Cr App R 164

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Peter John Brown and Others CACD 27-Jul-2001
The defendants appealed convictions for conspiracy. There had been a large, admitted, conspiracy to cheat the revenue by mis-selling bonded tobacco etc. They criticised the judge’s direction on the extent of involvement required to be found part of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 December 2022; Ref: scu.183468

Williams v The Queen: PC 23 Nov 1998

(Saint Vincent and the Grenadines) The defendant was convicted of having killed his wife. He had killed his children but faced no charge on that issue. He complained of the admission of evidence showing that he had killed the children. In his evidence he said his wife had killed them. His defence was of diminished responsibility, but the judge withdrew that defence from the jury, leaving only provocation.
Held: The expert medical evidence obtained since the trial was of sufficient standard to be apparently credible, and the matter was remitted for it to be considered. It had not been wrong to charge only one capital murder.

Judges:

Lord Browne-Wilkinson, Lord Steyn, Lord Hoffmann, Lord Hobhouse of Woodborough, Lord Millett

Citations:

[1998] UKPC 45

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedRegina v Thornton (SE) (No 2) CACD 6-Jun-1996
Battered woman syndrome may be part of provocation if it causes a loss of control. The history of the relationship between the appellant and the deceased could properly be taken into account in deciding whether the final provocation was enough to . .
CitedLadd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
CitedRegina v Thornton (Sara) CACD 13-Dec-1995
Battered women’s syndrome may be a relevant characteristic in a murder trial to be taken account of when judging context of provocation. . .
CitedCulmer v The Queen PC 29-Jul-1997
(Bahamas) Section 325 prevailed as the leading provision in the Code relating to the defence of provocation in The Bahamas. . .
CitedLogan v The Queen PC 8-Mar-1996
(Belize) The Privy Council may hear an appeal against the death sentence after a mercy plea had been rejected under the Belize criminal Code. . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 01 December 2022; Ref: scu.159326

Regina v Bradlaugh: 1883

Citations:

(1883) 15 Cox CC 217

Jurisdiction:

England and Wales

Cited by:

AppliedWhitehouse v Lemon; Whitehouse v Gay News Ltd HL 21-Feb-1979
The appellants challenged their conviction for blasphemous libel. They had published a poem which described homosexual acts carried out on the body of Christ after his death.
Held: For a conviction, it was necessary to show that the defendant . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 December 2022; Ref: scu.182795

Regina v Roberts: 1971

The complainant travelled in the appellant’s car. As he was driving, he had assaulted her in the car but not so as to cause her actual bodily harm. However, as his assault continued, she opened the car door and jumped out. This caused her to sustain actual bodily harm. He appealed his conviction.
Held: The appeal failed. The proper test was not whether the defendant in fact foresaw the conduct of the victim which resulted in the actual bodily harm, but whether that conduct could reasonably have been foreseen as the consequence of what he was saying or doing: ‘The test is: Was it the natural result of what the alleged assailant said and did, in the sense that it was something that could reasonably have been foreseen as the consequence of what he was saying or doing.’

Judges:

Stephenson LJ

Citations:

[1971] 56 Cr App R 95 CA

Statutes:

Offences Against The Person Act 1861 47

Jurisdiction:

England and Wales

Cited by:

ApprovedRegina v Savage; Director of Public Prosecutions v Parmenter HL 7-Nov-1991
The first defendant had been convicted of wounding. She had intended to throw beer over her victim, but her glass slipped from her hand, and cut the victim. The second defendant threw his three year old child in the air and caught him, not realising . .
CitedDirector of Public Prosecutions v Santa-Bermudez Admn 13-Nov-2003
The prosecutor appealed a finding of no case to answer on an accusation of assault occasioning actual bodily harm. The victim, a police officer, was searching the pockets of an arrested person, when she was injured by a hypodermic needle. She had . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 December 2022; Ref: scu.182276

Regina v Young: 1866

Citations:

(1866) 10 Cox CC 371

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Brown (Anthony); Regina v Lucas; etc HL 11-Mar-1993
The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that the prosecution had not needed to . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 December 2022; Ref: scu.182261