Category: Crime

Tandy, Regina v: CACD 21 Dec 1987

The court was asked: ‘Whether, for a craving for drink or drugs in itself to produce an abnormality of mind within the meaning of S. 2(1) of the Homicide Act 1957, the craving must be such as to render the accused’s use of drink or drugs involuntary or whether it is sufficient for the defence to prove that the craving was such as to make it more difficult, than for an ordinary individual, for the accused to resist the impulse to consume alcohol or use drugs?’

Judges:

Watkins LJ, Rose, Roch JJ

Citations:

[1987] EWCA Crim 5, [1989] 1 WLR 350, (1988) 87 Cr App R 45

Links:

Bailii

Statutes:

Homicide Act 1957 82(1)

Jurisdiction:

England and Wales

Crime

Updated: 21 July 2022; Ref: scu.384443

Regina v Sharples: Crwn 1990

(Crown Court at Manchester) The defendant could not be convicted of rape upon his wife despite there being a family protection order in her favour and he had had sexual intercourse with her against her will.

Judges:

Fawcus J

Citations:

[1990] Crim LR 198

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v R HL 23-Oct-1991
H has no right to sexual intercourse with W – rape
The defendant appealed against his conviction for having raped his wife, saying that intercourse with his wife was necessarily lawful, and therefore outside the statutory definition of rape. Due to the matrimonial difficulties, the wife had left . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 21 July 2022; Ref: scu.194947

Regina v O’Brien: Crwn 1974

(Crown Court, Bristol) A decree nisi effectively terminated a marriage and revoked the wife’s implied consent to marital intercourse, so that subsequent intercourse by the husband without her consent constituted rape.

Judges:

Park J

Citations:

[1974] 3 All ER 663

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v R HL 23-Oct-1991
H has no right to sexual intercourse with W – rape
The defendant appealed against his conviction for having raped his wife, saying that intercourse with his wife was necessarily lawful, and therefore outside the statutory definition of rape. Due to the matrimonial difficulties, the wife had left . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 21 July 2022; Ref: scu.194945

Regina v McCartney, Hamlett, Beddow and Hulme: CACD 16 May 2003

The defendants appealed convictions and sentences for a long series of armed robberies. The evidence centred on the admissions of a participant, whose statement, the defendants alleged was self serving and unreliable, and in one case served a personal desire to implicate the defendant. It was said that earlier versions of his statement had not been served, depriving them of opportunities to challenge his statement, and that the police had allowed him to commit offences whilst on leave from prison with impunity.
Held: The non-disclosure was not of such material or to an extent which would have affected the trials.

Judges:

Lord Justice Mantell Mrs Justice Rafferty Mr Justice Grigson

Citations:

[2003] EWCA Crim 1372

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Hickey, Hickey, Robinson, Molloy CACD 30-Jul-1997
The case concerned the production for the benefit of the defence, of the prison records of a prosecution witness who was putting forward an account of a cell confession. The Appeal Court is not concerned with the guilt or innocence of the appellant, . .
Cited – Regina v Phillipson CACD 1990
The prosecution had failed to disclose certain letters and photographs exchanged by the Defendant and the father of her child and used them in cross-examination to rebut her defence that she had been carrying drugs under duress exerted by him. The . .
Cited – Regina v McGarry CACD 16-Jul-1998
Where the judge decided that no inference could be drawn from the defendant’s silence, because of the absence of facts which could have been mentioned, he had a duty positively to warn the jury not arbitrarily to draw adverse inferences from the . .
Cited – Raymond Christopher Betts, John Anthony Hall v Regina CACD 9-Feb-2001
The defendants appealed convictions for causing grievous bodily harm. During interviw, the solicitor had advised that since the police had failed to make proper disclosure of the evidence, his client should not answer. He now appealed complaining of . .
Lists of cited by and citing cases may be incomplete.

Crime, Criminal Sentencing

Updated: 21 July 2022; Ref: scu.183726

In Re K, decd: ChD 2 Jan 1985

A wife had pleaded guilty to the manslaughter of her husband, though she had been subject to long term abuse by him.
Held: Relief was granted to the wife under s.2(2) of the 1982 Act. The forfeiture rule for suicide operates to sever any joint tenancy on the death. The rule applied in a case where death was not brought about intentionally, but was the unfortunate consequence of deliberate threats of violence with a loaded gun: ‘the court cannot go further and evaluate the degree of moral culpability to be attributed to her conduct in order to say whether the forfeiture rule applies or not.’ The court ordered a modification of the provision.

Judges:

Vinelott J

Citations:

[1985] Ch 85, [1985] 1 All ER 403, [1985] 2 WLR 262

Statutes:

Forfeiture Act 1982

Jurisdiction:

England and Wales

Citing:

Cited – Re Royse (Deceased) CA 1985
The wife sought to claim under the 1975 Act despite having been convicted of her husband’s manslaughter from diminished responsibility. She was the sole beneficiary under his will but was precluded by her conviction from taking any benefit under the . .

Cited by:

Cited – Dunbar (As Administrator of Tony Dunbar Deceased) v Plant CA 23-Jul-1997
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant.
Held: The appeal was . .
Cited – D v L and Others ChD 16-Apr-2003
The claimant had been found guilty of the manslaughter by diminished responsibility of the deceased. He now sought disapplication of the 1982 Act.
Held: The application failed: ‘The reforms introduced by the Homicide Act 1957 were designed to . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Crime, Land

Updated: 21 July 2022; Ref: scu.185182

Regina v Wright: CACD 5 Apr 2000

The defendant appealed conviction for assisting suicide and murder. The offences took place whilst he had been in custody in a prison for vulnerable prisoners. The three offences were so similar that they were tried together, involving the defendant being present when the other prisoner hanged himself. He questioned the judge’s directions as to the intent required to be shown, and the way he had dealt with questions from the jury.
Held: By giving the straightforward direction on intention, the judge was directing the jury to the real question they had to determine, and steering them away from the chameleon-like concepts of purpose, foresight of consequence, and awareness of risk. Appeal dismissed

Judges:

Lord Justice Beldam Mr Justice Silber And The Recorder Of Leeds

Citations:

[2000] EWCA Crim 28

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 21 July 2022; Ref: scu.158678

Regina v Brookes: CACD 1995

Citations:

[1995] Crim LR 630

Jurisdiction:

England and Wales

Cited by:

Overruled – Regina v G (Autrefois acquit) CACD 25-May-2001
Where on a previous occasion the defendant had been acquitted with a formal verdict, after the prosecution had offered no evidence, it was not open to the prosecution later to return and allege a more serious offence based upon the same facts. The . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 21 July 2022; Ref: scu.179858

Regina v Dhillon: CACD 5 Apr 2000

It was wrong to try to import into cases of offering to supply controlled drugs, issues which were properly questions of the law of contract. Drugs had been offered for sale and accepted, and the defendant argued that applying the law of contract, the court would conclude that there was no continuing offer capable of founding a charge at a later date. It was held that such considerations were wrongly introduced in such cases.

Citations:

Times 05-Apr-2000

Jurisdiction:

England and Wales

Crime

Updated: 21 July 2022; Ref: scu.85224

Regina v Smith: CACD 3 Sep 2008

Appeal from sentence of 21 months for breach of harassment court order.

Judges:

Lord Justice Laws
Mr Justice Jack
Sir Charles Gray

Citations:

[2008] EWCA Crim 2276, [2009] 1 Cr App R (S) 94

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 21 July 2022; Ref: scu.396435

Thomas Drummond of Logie Almond v The Lord Advocate: HL 30 Apr 1751

A person being attainted by virtue of the act, which declared that if he did not surrender himself before the 12 July following, he should stand attainted of treason from the 18 April preceding;-it was found that the forfeiture did not operate retro to the effect of incapacitating him to succeed to property in the interval.

Citations:

[1751] UKHL 1 – Paton – 503

Links:

Bailii

Jurisdiction:

Scotland

Crime

Updated: 21 July 2022; Ref: scu.558208

In re an Inquiry Under The Company Securities (Insider Dealing) Act 1985: HL 1988

The term ‘necessary’ will take its colour from its context; in ordinary usage it may mean, at one end of the scale, ‘indispensable’ and at the other ‘useful’ or ‘expedient’.
Lord Griffiths said: ‘What then is meant by the words ‘necessary . . for the prevention of . . crime’ in section 10? I do not think that much light is thrown upon this question by an elaborate discussion of the meaning of the word ‘necessary’. ‘Necessary’ is a word in common usage in everyday speech with which everyone is familiar. Like all words, it will take colour from its context; for example, most people would regard it as ‘necessary’ to do everything possible to prevent a catastrophe but would not regard it as ‘necessary’ to do everything possible to prevent some minor inconvenience. Furthermore, whether a particular measure is necessary, although described as a question of fact for the purpose of section 10, involves the exercise of a judgment upon the established facts. In the exercise of that judgment different people may come to different conclusions on the same facts; for an example of this one has to look no further than Secretary of State for Defence v Guardian Newspapers Ltd. But this cannot be avoided and the task of the judge will not be lightened by substituting for the familiar word ‘necessary’ some other set of words with a similar meaning. I do not myself think that it helps to consider the meaning of ‘necessary’ when used in the narrow context of discovery of documents and then apply it to the very broad considerations that will arise when considering the four heads of public interest identified in section 10. I therefore derive no assistance from the discussion of the word ‘necessary’ in Air Canada v Secretary of State for Trade [1983] 2 AC 394.
I doubt if it is possible to go further than to say that ‘necessary’ has a meaning that lies somewhere between ‘indispensable’ on the one hand, and ‘useful’ or ‘expedient’ on the other, and to leave it to the judge to decide towards which end of the scale of meaning he will place it on the facts of any particular case. The nearest paraphrase I can suggest is ‘really needed’.’

Judges:

Lord Griffiths

Citations:

[1988] AC 660

Statutes:

Company Securities (Insider Dealing) Act 1985 10

Jurisdiction:

England and Wales

Citing:

Cited – Air Canada v Secretary of State for Trade HL 1983
The court considered the test to be applied before a document could be ordered to be discovered.
Held: (Majority) Discovery is an exception to the adversarial character of the legal process. It assists both the parties and the court to . .

Cited by:

Cited – AMM v HXW QBD 7-Oct-2010
The claimant had sought and been granted an injunction to prevent the defendant publicising matters which had passed between them and which were he said private.
Held: The jurisdiction to grant such injunctions was now established. Publication . .
Cited – Kelly (A Minor) v British Broadcasting Corporation FD 25-Jul-2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Crime

Updated: 21 July 2022; Ref: scu.424975

Kelly (John Joseph) v Mackinnon: HCJ 11 May 1982

Judges:

Lord Justice-General Emslie

Citations:

[1982] ScotHC HCJAC – 2, 1982 SCCR 205, 1983 SLT 9, 1982 JC 94

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Bewley v Regina CACD 6-Jul-2012
The defendant appealed against his conviction for possession of a firearm. The crown had been able to make it discharge a pellet only by taking elaborate preparatory steps. ‘There being no dispute but that the starting pistol was a lethal-barrelled . .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime

Updated: 21 July 2022; Ref: scu.279204

Papworth and Another v Regina: CACD 12 Dec 2007

Citations:

[2007] EWCA Crim 3031

Links:

Bailii

Cited by:

Cited – Shirley, Regina v CACD 8-Nov-2013
The defendant had been convicted of several very serious sexual and physical assaults and rapes. He appealed against his conviction, saying that the judge had not fairly represented his defence to the jury. He said that the complainant had been . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 21 July 2022; Ref: scu.278933

Secretary of State for the Home Department v AR: Admn 19 Dec 2008

Judges:

Mitting J

Citations:

[2008] EWHC 3164 (Admin)

Links:

Bailii

Statutes:

Prevention of Terrorism Act 2005

Jurisdiction:

England and Wales

Cited by:

See Also – AR v Secretary of State for the Home Department Admn 15-Jul-2009
The claimant appealed against the refusal of the Home Secretary to vary the control order made against him under the 2005 Act.
Held: The organisation of which the applicant was a member might soon enter into a settlement with the Libyan . .
Lists of cited by and citing cases may be incomplete.

Crime, Immigration

Updated: 21 July 2022; Ref: scu.278994

Ferguson v Her Majesty’s Advocate: HCJ 25 Nov 2008

The defendant appealed his conviction for murder, saying that the judge had not left to the jury an alternate possible verdict of culpabe homicide. The vidtim had been stabbed. The defendant said that he had not intended to kill the victim.

Judges:

Lord Osborne, Lady Paton, Lord Mackay of Drumadoon

Citations:

[2008] ScotHC HCJAC – 71

Links:

Bailii

Scotland, Crime

Updated: 21 July 2022; Ref: scu.278265

Regina v Metropolitan Stipendiary Magistrate Ex Parte Chaudhry: QBD 9 Jul 1993

The Crown Prosecution Service was in the process of pursuing a prosecution when the private prosecutor sought to bring a prosecution for a serious offence arising out of the same facts. There would be potentially concurrent prosecutions.
Held: Magistrates were not wrong to disallow a private prosecution in addition to crown prosecution. A private prosecutor does not have the unfettered right to a trial. Kennedy LJ said that on the question of the relevant considerations, when deciding whether to issue a summons in such a case: ‘The magistrate should have regard to all of the relevant circumstances of which he is aware . . . such as whether the incident giving rise to the information which he is considering has already been investigated by a responsible prosecuting authority which is pursuing what it considers to be the appropriate charges against the same proposed defendant.’

Judges:

Kennedy LJ, Bell J

Citations:

Independent 09-Jul-1993, Times 14-Sep-1993, [1994] QB 340

Statutes:

Prosecution of Offenders Act 1985 6(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Charlson, Regina (on the Application of) v Guildford Magistrates’ Court and others Admn 11-Sep-2006
The CPS had discontinued a prosecution. The magistrates were then asked to issue a summons for a private prosecution. The private prosecutor appealed against the refusal to issue the summons. A second summons was requested from a different . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Crime, Magistrates

Updated: 21 July 2022; Ref: scu.87326

Regina v Manchester Crown Court, ex parte McCann and others: QBD 22 Nov 2000

An application for an anti-social behaviour order against an individual was a civil, not a criminal proceeding. The standard of evidence required was on the balance of probability; the civil standard. Such proceedings were not subject to the additional protection of the human rights convention. Necessarily, the circumstances from which protection was sought were ones where proof will not be easily found. There is no overriding test within domestic law for deciding whether proceedings are civil or criminal. The procedure here was one generally used for civil proceedings, and no punishment was properly involved at this stage. At most there would be a restriction on activities of those subject to the order. Lord Woolf said: ‘The significance of whether the proceedings are civil or criminal arises because of the difficulty that exists in relation to the proof of the sort of conduct against which section 1 is designed to provide protection. Understandably, in a locality those who are subject to anti-social behaviour are chary about giving evidence in criminal proceedings. It is in particular because of those difficulties that, after a consultation process, the legislation which is contained in Part 1 of the 1998 Act was passed. The object of making the proof of conduct which is anti-social more easy to prove would be defeated if in fact the proceedings were criminal. Then the normal rules of evidence which apply to criminal proceedings would have to be complied with and furthermore the proceedings would be subject to the additional protection provided by Article 6 of the European Convention in relation to criminal proceedings.’

Judges:

Lord Woolf

Citations:

Gazette 11-Jan-2001, Times 22-Dec-2000, [2002] 3 WLR 1313, [2000] EWHC 565 (QB)

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 1, European Convention on Human Rights 5.1

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Manchester Crown Court ex parte Rogers (Legal Professional Privilege) Admn 2-Feb-1999
The police had sought disclosure from the applicant’s solicitors of records of the time at which the applicant arrived at the solicitors’ premises on a particular date and like documents.
Held: Such records are not privileged because they did . .

Cited by:

Appeal from – Regina (McCann and Others) v Manchester Crown Court CA 9-Mar-2001
Proceedings applying for an anti-social behaviour order, were properly civil proceedings, with civil standards of evidence, and the Human Rights Act provisions relating to criminal proceedings, were not applicable either. The section included acts . .
Cited – Regina (Smith) v Parole Board (No 2) CA 31-Jul-2003
The applicant having been released on licence had his licence revoked. The decision had been made at a hearing which considered evidence on paper only, which he said was unfair.
Held: The case law had maintained a proper distinction between . .
At First Instance – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
Lists of cited by and citing cases may be incomplete.

Crime, Administrative, Human Rights

Updated: 21 July 2022; Ref: scu.87261

Director of Public Prosecutions v Dykes: Admn 21 Oct 2008

The defendant had been convicted in his absence of threating behaviour, but acquitted of racially aggravated threatening behaviour. The prosecutor appealed. On being asked to leave a hospital reception he had cursed the ‘lying Paki doctor’ who had assisted him on the evening before.
Held: The appeal succeeded. In deciding whether an offence is racially aggravated within the terms of section 28, the Magistrates should have simply focused on the question of whether the remark had been made, whether it was in fact a remark which demonstrated racial hostility about which there can be little or no argument, and then to see whether, the remark having been made during the course of the commission of the offence, either subsection 1(a) or (b) was engaged.

Judges:

Calvert Smith J

Citations:

[2008] EWHC 2775 (Admin)

Links:

Bailii

Statutes:

Public Order Act 1986 5, Crime and Disorder Act 1998 31(1)(c)

Jurisdiction:

England and Wales

Crime

Updated: 19 July 2022; Ref: scu.277926

Enfield London Borough Council v Argos Ltd: Admn 24 Jun 2008

The defendant company had been accused of selling a bladed article to a youth making a test purchase. The prosecutor now appealed by way of case stated raising the question as to whether a reasonable precaution taken after a test case conducted by the trading standards of a local authority necessarily discloses a failure to take all reasonable precautions before.

Judges:

Moses LJ, Goldring J

Citations:

[2008] EWHC 2597 (Admin)

Links:

Bailii

Statutes:

Criminal Justice Act 1988 141A

Citing:

Cited – Naish v Gore QBD 1971
The justices had come to the conclusion that reasonable precautions had been taken by the shopkeeper, and therefore that the defence in section 24 was made out.
Held: Lord Widgery CJ said: ‘Accordingly, it seems to me that the proper disposal . .
Lists of cited by and citing cases may be incomplete.

Crime, Consumer

Updated: 19 July 2022; Ref: scu.277537

Edwards, Regina (on the Application of) v Criminal Cases Review Commission: Admn 13 Oct 2008

The claimant sought judicial review of the decision of the defendant not to refer his case to the court. He argued that he should have been allowed to present a defence of entrapment.

Judges:

Pill LJ, King J

Citations:

[2008] EWHC 2389 (Admin)

Links:

Bailii

Statutes:

Criminal Appeal Act 1995

Jurisdiction:

England and Wales

Administrative, Crime

Updated: 19 July 2022; Ref: scu.277012

Mabengo, Regina v: CACD 18 Jun 2008

Citations:

[2008] EWCA Crim 1698

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Mabengo, Regina v; Regina v Lomoka etc CACD 18-Jun-2008
Sentencing for possession of false document. Goldring J said: ‘These four appellants had failed in their applications for asylum. It may be that they had subsequently renewed them. They remained in the United Kingdom. They knew they could not work. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 19 July 2022; Ref: scu.272283

Rex v Davies: 1913

The consent of the Attorney General was not required to prosecute an offender under the 1901 Act.

Citations:

(1913) 29 Times L R 350, (1913) 8 Cr App R 211

Statutes:

Larceny Act 1901

Jurisdiction:

England and Wales

Cited by:

Cited – Woolmington v Director of Public Prosecutions HL 23-May-1935
Golden Thread of British Justice – Proof of Intent
The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired a shotgun to . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 19 July 2022; Ref: scu.223128

South Wales Sea Fisheries Committee v Saunders: Admn 27 Nov 2003

The defendant trawlerman was seen with his nets in the water within the six mile limit, and he faced a prosecution. He replied that the only acts undertaken within the limit had been acts of maintenance of his nets.
Held: In the breaking open of nets to release debris rocks and fish back into the sea, he was not either ‘engaged in fishing operations’ and nor was he using an instrument of fishing’. The words had to be given their natural meaning.

Citations:

Times 05-Dec-2003, [2003] EWHC 3054 (Admin)

Links:

Bailii

Statutes:

Sea Fisheries Regulation Act 1996 5

Jurisdiction:

England and Wales

Citing:

Cited – Alexander v Tonkin 1979
The court discussed the meaning of the word ‘fishing’. . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Crime

Updated: 19 July 2022; Ref: scu.191216

Regina v Dellaway and Moriarty: CACD 7 Apr 2000

Application of section 34 of the Criminal Justice and Public Order Act 1994 in a case where there are two or more defendants and it is a co-defendant rather than the prosecution which submits that the jury may draw an adverse inference from a defendant’s failure to put forward in police interviews the explanation which he gives at the trial as a defence.

Citations:

[2000] EWCA Crim 29

Links:

Bailii

Statutes:

Criminal Justice and Public Order Act 1994 34

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 19 July 2022; Ref: scu.158679

Law Society of England and Wales v Isaac and Isaac International Holdings Ltd and Others: ChD 7 Jul 2010

Judges:

Norris J

Citations:

[2010] EWHC 1670 (Ch), [2010] NPC 77, [2011] WTLR 425

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Royal Brunei Airlines SDN BHD v Tan PC 24-May-1995
(Brunei) The defendants were a one-man company, BLT, and the one man, Mr Tan. A dishonest third party to a breach of trust was liable to make good a resulting loss even though he had received no trust property. The test of knowledge was an objective . .
Cited – Kuwait Oil Tanker Company SAK and Another v Al Bader and Others CA 18-May-2000
The differences between tortious conspiracies where the underlying acts were either themselves unlawful or not, did not require that the conspiracy claim be merged in the underlying acts where those acts were tortious. A civil conspiracy to injure . .
Cited – Bank of Credit and Commerce International (Overseas) Ltd and Another v Akindele CA 22-Jun-2000
The test of whether a person who received funds held them on constructive trust, was not whether he himself was dishonest, but rather whether he had knowledge of circumstances which made it unconscionable to hold on to the money received. In respect . .
Cited – Ben Hashem v Ali Shayif and Another FD 22-Sep-2008
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court.
After a comprehensive review of all the authorities, Munby J said: ‘The . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Crime

Updated: 19 July 2022; Ref: scu.420392

Stodgell v Stodgell Admn: Admn 18 Jul 2008

The court heard divorce ancillary relief applications against the background of an impending criminal confiscation order against the husband.

Citations:

[2008] EWHC 1925 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Stodgell v Stodgell FD FD 18-Jul-2008
The parties were involved in ancillary relief proceedings. At the same time the husband was in prison after having hidden earnings from his business, and was subject to an unsatisfied confiscation order. The guardian had had doubts about the . .
Lists of cited by and citing cases may be incomplete.

Family, Crime

Updated: 19 July 2022; Ref: scu.276245

Brennan v HM Advocate: HCJ 12 May 1977

The defendant appealed against his conviction for murder after his special defence of insanity was rejected. The trial judge, in charging the jury withdrew the special defence from their consideration and directed them that the evidence of the appellant’s state of intoxication did not entitle them to return a verdict of culpable homicide. In the result the outcome of the trial was conviction of the appellant of murder.

Judges:

Emslie LJG

Citations:

1977 SLT 151, [1977] ScotHC HCJ – 1, 1977 JC 38,

Links:

Bailii

Cited by:

Cited – Cardle v Mulrainey HCJ 1992
The defendant drank lager into which a third party had put amphetamine. He then tried to start vehicles belonging to others with the intention of taking them away. He also took some property from one of the vehicles. The sheriff acquitted him. The . .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime

Updated: 19 July 2022; Ref: scu.272898

Secretary of State for the Home Department v AP: Admn 12 Aug 2008

The court reviewed the need for the control order made against AP.

Judges:

Keith J

Citations:

[2008] EWHC 2001 (Admin)

Links:

Bailii

Statutes:

Prevention of Terrorism Act 2005, European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

Appeal from – AP v Secretary Of State for the Home Department CA 15-Jul-2009
. .
At First Instance – Secretary of State for The Home Department v AP SC 16-Jun-2010
The claimant challenged the terms of the control order made against him under the 2005 Act saying that it was too restrictive. Though his family was in London, the control order confined him to a house many miles away for 16 hours a day.
Held: . .
Lists of cited by and citing cases may be incomplete.

Crime, Immigration, Human Rights

Updated: 19 July 2022; Ref: scu.272760

K v Regina: CACD 13 Feb 2008

The Court considered the nature of the documents which fall within the section and, secondly, the scope of the defence of reasonable excuse under section 58(3).
Held: ‘A document or record will only fall within section 58 if it is of a kind that is likely to provide practical assistance to a person committing or preparing an act of terrorism. A document that simply encourages the commission of acts of terrorism does not fall within section 58.
The provisions of section 2 of the 2006 Act, and in particular those of section 2(5), require the jury to have regard to surrounding circumstances when deciding whether a publication is likely to be useful in the commission or preparation of acts of terrorism. Contrary to [counsel for the Crown’s] submissions, we do not consider that the same is true of section 58 of the 2000 Act. The natural meaning of that section requires that a document or record that infringes it must contain information of such a nature as to raise a reasonable suspicion that it is intended to be used to assist in the preparation or commission of an act of terrorism. It must be information that calls for an explanation. Thus the section places on the person possessing it the obligation to provide a reasonable excuse. Extrinsic evidence may be adduced to explain the nature of the information. Thus had the defendant in R v Rowe [2007] QB 975 been charged under section 58, evidence could have been admitted as to the nature of the substitution code possessed by the defendant. What is not legitimate under section 58 is to seek to demonstrate, by reference to extrinsic evidence, that a document, innocuous on its face, is intended to be used for the purpose of committing or preparing a terrorist act.’
and ‘As for the nature of a ‘reasonable excuse’, it seems to us that this is simply an explanation that the document or record is possessed for a purpose other than to assist in the commission or preparation of an act of terrorism. It matters not that that other purpose may infringe some other provision of the criminal or civil law.’

Citations:

[2008] EWCA Crim 185, [2008] 2 WLR 1026, [2008] 2 Cr App R 7, [2008] 3 All ER 526, [2008] QB 827

Links:

Bailii

Statutes:

Terrorism Act 2000 57 58

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v G; Regina v J HL 4-Mar-2009
G was to stand trial for possession of articles useful for terrorism. Whilst in prison, he collected and created diagrams and information and prepared plans to bomb a local army centre. When arrested he said he had done so to upset the prison . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 18 July 2022; Ref: scu.264513

Rogers, Regina v: HL 28 Feb 2007

The House was asked whether the use of the phrases ‘bloody foreigners’ and ‘get back to your own country’ counted to make a disturbance created by the defendant a racially aggravated crime.
Held: (Baroness Hale of Richmond) ‘The mischiefs attacked by the aggravated versions of these offences are racism and xenophobia. Their essence is the denial of equal respect and dignity to people who are seen as ‘other’. This is more deeply hurtful, damaging and disrespectful to the victims than the simple versions of these offences. It is also more damaging to the community as a whole, by denying acceptance to members of certain groups not for their own sake but for the sake of something they can do nothing about. This is just as true if the group is defined exclusively as it is if it is defined inclusively. ‘ Those not of British origin are a racial group for the purposes of the Act. Whether the description also involves or displays any hostility is a matter of fact in each case. Section 28(1)(a) is concerned ‘with outward manifestation of racial . . hostility’ and section 28(1)(b) with ‘the inner motivation of the offender’.

Judges:

Lord Hoffmann. Lord Hope of Craighead, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Mance

Citations:

[2007] UKHL 8, Times 01-Mar-2007, [2007] 2 All ER 433, [2007] 2 WLR 280, [2007] 2 AC 62

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 31(1)(a), Public Order Act 1986 4

Jurisdiction:

England and Wales

Citing:

Appeal from – Rogers, Regina v CACD 10-Nov-2005
The defendant appealed his conviction for racially aggravated abusive or insulting words or behaviour with intent to cause fear or to provoke violence. He was driving his motorised scooter and came across three Spanish women. In the course of an . .
Cited – Director of Public Prosecutions v M (A Minor) Admn 25-May-2004
There was an argument over payment for food with the Turkish chef of a takeaway kebab shop during the course of which the defendant used the words ‘bloody foreigners’ and pushed the shop window causing it to crack. The justices doubted whether the . .
Cited – Attorney General’s Reference (No 4 of 2004) CACD 22-Apr-2005
The defendant was accused of having racially abused the complainant by referring to him as an ‘immigrant doctor’ before the assault. The trial judge had held that the word ‘immigrant’ was so wide in its possible application as not to be capable of . .
Cited – Regina v White CACD 14-Feb-2001
The court asked whether calling a woman an ‘African bitch’ was capable in law of demonstrating hostility towards the complainant, who came from Sierra Leone, as being a member of a racial group.
Held: The meaning of ‘racial group’ was not so . .
Doubted – Director of Public Prosecutions v Pal QBD 3-Feb-2000
The prosecutor appealed from the magistrates’ acquittal of the defendant, who was of Asian origin, and who had assaulted the victim, also of Asian origin, calling him a ‘white man’s arse-licker’ and a ‘brown Englishman’.
Held: This did not . .

Cited by:

Cited – Regina v SH CACD 3-Aug-2010
The prosecutor had appealed immediately against the judge’s withdrawal of a charge of racially aggravated use of insulting words or behaviour. The judge then ignored his obligation to continue the trial without mentioning the issue to the jury. He . .
Cited – Taiwo and Another v Olaigbe and Others SC 22-Jun-2016
The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked . .
Cited – Taiwo and Another v Olaigbe and Others SC 22-Jun-2016
The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 18 July 2022; Ref: scu.249335

Albert v Lavin: QBD 1980

The defendant (A) and the prosecutor (L), an off duty constable not in uniform, awaited a bus. A pushed past the queue, whose members objected. L stood in his way. A pushed past onto the step of the bus, turned, grabbed L’s lapel and made to hit him. L in self defence pulled A from the bus and away from the queue. A again tried to hit L, who said he would arrest him unless he stopped struggling, but A struck the constable several times and the constable arrested him for assaulting a constable in the execution of his duty. Before the justices, the defendant contended that L had not been acting in the execution of his duty. The magistrates convicted A because, given the reactions of the other members of the queue when the defendant pushed past, L had reasonably expected a breach of the peace to be about to take place and so he had been entitled to use reasonable force to prevent the breach of the peace.
Held: A constable could detain a man against his will without arresting him. The court addressed the question whether the defendant knew or should have known that L was a constable.
Hodgson J said: ‘It is however clear law that a police officer, reasonably believing that a breach of the peace is about to take place, is entitled to take such steps as are necessary to prevent it, including the reasonable use of force: King v Hodges [1974] Crim LR 424 and Piddington v Bates [1961] 1 WLR 162. If those steps include physical restraint of someone then that restraint is not an unlawful detention but a reasonable use of force. It is a question of fact and degree when a restraint has continued for so long that there must be either a release or an arrest, but on the facts found in this case it seems to me to be clear that that point had not been reached. Obviously where a constable is restraining someone to prevent a breach of the peace he must release (or arrest) him as soon as the restrained person no longer presents a danger to the peace. In this case the justices found that the defendant continued in breach of the peace up to the time when he assaulted the constable.’

Judges:

Hodgson J

Citations:

Unreported (1980)

Jurisdiction:

England and Wales

Citing:

Cited – Piddington v Bates 1960
Two entrances to a printing works were picketed by striking printers. A police officer decided that there should be no more than two pickets at each entrance. The defendant wished to join the two pickets at the rear entrance. The officer said two . .

Cited by:

Appeal from – Albert v Lavin HL 3-Dec-1981
An off duty and out of uniform police officer attempted to restrain the defendant jumping ahead of a bus queue. The defendant struggled, and continued to do so even after being told that of the officer’s status. He said he had not believed that he . .
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. . .
Lists of cited by and citing cases may be incomplete.

Police, Crime

Updated: 18 July 2022; Ref: scu.247474

Director of Public Prosecutions v Pal: QBD 3 Feb 2000

The prosecutor appealed from the magistrates’ acquittal of the defendant, who was of Asian origin, and who had assaulted the victim, also of Asian origin, calling him a ‘white man’s arse-licker’ and a ‘brown Englishman’.
Held: This did not demonstrate hostility towards Asians.
‘I will reject also an argument put before us by the Respondent, to the effect that section 28(1)(a) has no application to: ‘… street arguments when insults may be thrown without thought being given to whether the same are racially abusive, which conduct is already covered by other offences …’
Were it otherwise, this argument runs: ‘… as soon as one racial word is uttered – whatever the motivation – then there is no defence to the charge.’
That, of course, is not so. It will always be necessary for the prosecution to prove the demonstration of racial hostility, although the use of racially abusive insults will ordinarily, no doubt, be found sufficient for that purpose.’

Judges:

Simon Brown LJ, Klevan J

Citations:

[2000] Crim LR 756, [2000] EWHC 1575 (QB)

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 29(1)(c) 29(3)

Jurisdiction:

England and Wales

Cited by:

Doubted – Rogers, Regina v HL 28-Feb-2007
The House was asked whether the use of the phrases ‘bloody foreigners’ and ‘get back to your own country’ counted to make a disturbance created by the defendant a racially aggravated crime.
Held: (Baroness Hale of Richmond) ‘The mischiefs . .
Cited – L, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another CA 1-Mar-2007
The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity.
Held: As to the meaning of section 115: ‘if Parliament . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 18 July 2022; Ref: scu.249363

Hawkes, Regina (on the Application Of) v Director of Public Prosecutions: Admn 2 Nov 2005

The defendant appealed by way of case stated against her conviction for assaulting a police officer in the execution of his duty. Her son was arrested in the early hours of the morning from her house. She followed him outside and sat in the police car alongside him and refused to get out. When a second car arrived, she did get out but an officer then took hold of her as she returned to her house. She bit the officer. The officer said a breach of the peace had occurred.
Held: There was no evidence that the defendant’s behaviour involved any threat of violence before she was arrested. At the mid point of the trial, the issues were not clear, and the magistrates were correct not to dispose of the case on the basis that there was no case to answer. Nevertheless, the arrest itself was unlawful. The conviction for assault was quashed.

Judges:

Newman J

Citations:

[2005] EWCA 3046 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 – Moran v Director of Public Prosecutions Admn 30-Jan-2002
The appellant had requested the magistrates to state a case as to why they had ruled against his submission that he had no case to answer. The established rule is that they do not have to give such reasons. He argued that the new Human Rights duties . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 18 July 2022; Ref: scu.238167

Wayne Fullard, Ryan Roalfe, Regina (on the Application Of) v Woking Magistrates’ Court: Admn 16 Nov 2005

The defendants challenged convictions for assaulting police officers acting in the course of their duty. They said the officers were not so acting. The first defendant had been stopped in a vehicle which had left the scene of an accident. At the time, someone else was driving. The police officer suspected he had been drinking and asked to speak to the man, who went into his house swearing. When the officer went into the house he was assaulted by the former driver and by another man in the house. Other officers were called and CS spray was used. The magistrates convicted on the basis that the officer had not been given sufficient time to leave before being assaulted.
Held: The appeals failed. The officers had been explicitly asked to leave, but on the evidence, the justices were entitled to conclude that they had not been given a reasonable opportunity to leave. The officer was still acting in the course of his duty when assaulted. That being the case, the other officers were entitled with or without permission to enter on the land to prevent further crimes.

Judges:

Mr Justice Crane

Citations:

[2005] EWHC 2922 (Admin)

Links:

Bailii

Statutes:

Police Act 1996 89(1), Police and Criminal Evidence Act 1984 17

Jurisdiction:

England and Wales

Citing:

Cited – Davis v Lisle CA 1936
Two police officers, one in plain clothes and the other in uniform, passed by a lorry causing an obstruction in the highway outside a garage. Two men were repairing it. Some minutes later they returned and saw that the lorry had been moved into the . .
Cited – Lambert v Roberts QBD 1981
Police officers came into a garden to obtain a breath test. There had been repeated statements by the owner of the premises that the officers, who were on the driveway of his house, were on private property and that he believed the police had no . .
Cited – Robson v Hallett CA 1967
A police officer had been impliedly invited onto land, and was asked to leave, but was then assaulted before he had chance to leave.
Held: The conviction was upheld.
There is an implied licence available to members of the public on . .
Cited – Snook v Mannion QBD 1982
The police officer refused to leave premises after being told to ‘Fuck off’.
Held: Whether such words amounted to a withdrawal of the officer’s licence to be on the land was a question of fact in the circumstances. . .
Cited – Gilham v Breidenbach QBD 1982
Whether telling a police offer to ‘Fuck off’ was a withdrawal of the officer’s implied licence to be on private land.
Held: The meaning to be inferred from such words was to be worked out in the context of the particular case. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 18 July 2022; Ref: scu.236632

Cox, Regina (on the Application Of) v Director of Public Prosecutions: Admn 25 Oct 2005

Citations:

[2005] EWHC 2694 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Flegg v Justices of the Peace for the New Forest Local Justice Area Sitting at Lyndhurst Admn 21-Feb-2006
The defendant sought judicial review of the refusal by the magistrates to state a case. He was convicted for failing to identify the driver of a motor cycle of which he was a registered keeper which had been caught by a speed camera. Either of two . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 18 July 2022; Ref: scu.235873

Regina v Claydon: CACD 9 Nov 2005

The defendant appealed his conviction for inciting a 13 year old boy to bugger him.
Held: Under fourteen, there was a common law presumption that a child under 14 was incpable of sexual intercourse, and therefore it was not possible to incite him to it.

Judges:

Hallett LJ, Silber J, Patience J

Citations:

Times 29-Nov-2005

Statutes:

Sexual Offences Act 1993 1 2(2)

Jurisdiction:

England and Wales

Citing:

Criticised – Regina v Carr CACD 1968
The court was asked whether a person said to be incited to commit an offence was required to have the necessary mens rea to commit that offence. . .
Cited – Regina v Whitehouse CACD 1995
The defendant appealed his conviction of importuning his daughter to have sexual intercourse. She was under 15 at the time.
Held: Since the daughter could not at that age be guilty of such an offence, he could not be guilty either of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 18 July 2022; Ref: scu.235949

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 seeking to distract the fish and to dissuade the anglers from catching them. No violence was used or threatened, but in spite of police requests to desist the appellants continued until they were arrested.
Held: Simon Brown LJ said: ‘Before the court can properly find that the natural consequence of lawful conduct by a defendant would, if persisted in, be to provoke another to violence, it should, it seems to me, be satisfied that in all the circumstances it is the defendant who is acting unreasonably rather than the other person . . [A]s it seems to me, some clear interference at least with the rights . . of others is bound to characterise any conduct of which it can properly be said that it would naturally provoke violence in others. Putting it another way, the Court would surely not find a section 115 complaint proved if any violence likely to have been provoked on the part of others would be not merely unlawful but wholly unreasonable – as, of course, it would be if the defendant’s conduct was not merely lawful but such as in no material way interfered with the other’s rights. A fortiori if the defendant was properly exercising his own basic rights, whether of assembly, demonstration or free speech.’

Judges:

Simon Brown LJ, Scott Baker J

Citations:

[1996] Crim LR 318, [1995] Times LR 607, (1996) 160 JP 155

Statutes:

Magistrates Courts Act 1980 8115

Jurisdiction:

England and Wales

Citing:

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 . .
Approved – 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 by:

Cited – 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, . .
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 – 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 – Hashman and Harrup v The United Kingdom ECHR 25-Nov-1999
The defendants had been required to enter into a recognisance to be of good behaviour after disrupting a hunt by blowing of a hunting horn. They were found to have unlawfully caused danger to the dogs. Though there had been no breach of the peace, . .
See Also – Selvanayagam v United Kingdom ECHR 12-Dec-2002
Any presumption of law which had operated against the applicant had been within reasonable limits, had taken account of the importance of what was at stake and had maintained the rights of the defence. . .
Cited – Wright v Commissioner of Police for The Metropolis QBD 11-Sep-2013
The claimant sought damages for false imprisonment and infringement of his human rights in the manner of the defendant’s management of a demonstration in which he was involved. The issue was whether ilce action was justified on the basis that the . .
Appeal from – Nicol and Selvanayagam v United Kingdom ECHR 11-Jan-2001
(Admissibility) The applicants took part in an anti-fishing protest at an angling match on 28 May 1994. Their aim was to sabotage the match by throwing twigs in the water close to the anglers’ hooks so as to disturb the surface, while other . .
Lists of cited by and citing cases may be incomplete.

Crime, Police

Updated: 18 July 2022; Ref: scu.221600

Selvanayagam v United Kingdom: ECHR 12 Dec 2002

Any presumption of law which had operated against the applicant had been within reasonable limits, had taken account of the importance of what was at stake and had maintained the rights of the defence.

Citations:

Unreported, 12 December 2002, 57981/00, [2002] ECHR 857

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Jurisdiction:

Human Rights

Citing:

See Also – 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 by:

Cited – Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002 HL 14-Oct-2004
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant?
Held: Lord Bingham of Cornhill said: . .
Cited – Wright v Commissioner of Police for The Metropolis QBD 11-Sep-2013
The claimant sought damages for false imprisonment and infringement of his human rights in the manner of the defendant’s management of a demonstration in which he was involved. The issue was whether ilce action was justified on the basis that the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Crime

Updated: 18 July 2022; Ref: scu.218816

DL, Regina v: CACD 27 Jun 2019

Appeal from conviction for serious sexual offences against his 5 year old daughter saying that her evidence should have been excluded.

Citations:

[2019] EWCA Crim 1249

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 July 2022; Ref: scu.640038