Category: Crime

Lonergan v Lewes Crown Court and Another: Admn 23 Mar 2005

The defendant appealed the terms of an anti-social behaviour order, saying that the curfew imposed as one of the conditions of the order was unlawful being mandatory rather than prohibitory, and tantamount to a penal sanction.
Held: The substance of the order had to be prohibitory rather than mandatory, but the curfew, being a restriction on movement, met that test. It was implicit from McCann that since the purpose of an anti-social behaviour order was preventative rather that by way of punishment, it was not proper to try to compare what sentence might be imposed for a similar criminal offence. The appeal was dismissed.

Judges:

Maurice Kay LJ, Moses J

Citations:

[2005] EWHC 457 (Admin), Times 25-Apr-2005, [2005] 1 WLR 2570, [2005] 2 All ER 362

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 1, Powers of the Criminal Courts (Sentencing) Act 2000

Cited by:

Cited – Boness v Regina; Regina v Bebbington etc CACD 19-Aug-2005
Each defendant had commited a substantive offence, and when sentenced, his sentence hd been accompanied by an anti-social behaviour order. In some cases orders had been made in a form similar to football banning orders, but such orders were not . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Crime

Updated: 29 June 2022; Ref: scu.223854

Konzani, Regina v: CACD 17 Mar 2005

The defendant appealed conviction for inflicting grievous bodily harm on three women, by having unprotected sexual intercourse knowing that he was HIV positive, but without telling the women. Each contracted HIV. The allegation was that he had behaved recklessly on the basis that knowing that he was suffering from the HIV virus, and its consequences, and knowing the risks of its transmission to a sexual partner, he concealed his condition from the complainants, leaving them ignorant of it.
Held: ‘The recognition in R v Dica of informed consent as a defence was based on but limited by potentially conflicting public policy considerations. In the public interest, so far as possible, the spread of catastrophic illness must be avoided or prevented. On the other hand, the public interest also requires that the principle of personal autonomy in the context of adult non-violent sexual relationships should be maintained. If an individual who knows that he is suffering from the HIV virus conceals this stark fact from his sexual partner, the principle of her personal autonomy is not enhanced if he is exculpated when he recklessly transmits the HIV virus to her through consensual sexual intercourse. On any view, the concealment of this fact from her almost inevitably means that she is deceived. Her consent is not properly informed, and she cannot give an informed consent to something of which she is ignorant. ‘ and ‘The defendant is not to be convicted of this offence unless it is proved that he was reckless. If so, the necessary mens rea will be established. Recklessness is a question of fact, to be proved by the prosecution. Equally the defendant is not to be convicted if there was, or may have been an informed consent by his sexual partner to the risk that he would transfer the HIV virus to her. ‘ Appeal dismissed.

Judges:

Lord Justice Judge Deputy Chief Justice Of England And Wales, Mr Justice Grigson And His Honour Judge Radford

Citations:

[2005] EWCA Crim 706

Links:

Bailii

Statutes:

Offences Against the Person Act 1861 20

Jurisdiction:

England and Wales

Citing:

Cited – Regina 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 . .
Cited – Regina v K HL 25-Jul-2001
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history . .
Cited – Regina v Jones (Terence) CACD 1986
The trial judge declined to direct the jury that the defendants were entitled to be acquitted if the jury decided that they were indulging in ‘rough’ and undisciplined sport or play, not intending to cause harm, and genuinely believing that the . .
Cited – Regina v Aitken CACD 1993
The court considered the criminality of high-spirited, ‘horseplay’ which had resulted in serious injury. . .
Cited – Regina v Barnes CACD 21-Dec-2004
The defendant appealed against a conviction for inflicting grievous bodily harm, after causing a serious leg injury in a football match when tackling another player.
Held: There was surprisingly little authority on when it was appropriate to . .
Cited – Regina 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 . .
Cited – Regina v Cunningham CCA 1957
Specific Intention as to Damage Caused
(Court of Criminal Appeal) The defendant wrenched a gas meter from the wall to steal it. Gas escaped. He was charged with unlawfully and maliciously causing a noxious thing, namely coal gas, to be taken by the victim.
Held: Byrne J said: ‘We . .
Cited – Regina v Dica CACD 5-May-2004
Reckless HIV transmission – Grievous Bodily Harm
The defendant appealed against his conviction for inflicting grievous bodily harm. He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. It was not suggested that any rape . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 June 2022; Ref: scu.223634

Kennedy v Regina: CACD 17 Mar 2005

The court considered when it was appropriate to find someone guilty of manslaughter where that person has been involved in the supply of a Class A controlled drug, which is then self administered by the person to whom it is supplied, and the administration of the drug then causes his death.
Held: Courts had reached conflicting decisions. The act of preparation, supply and cunsumption should be seen as one event. ‘[I]t was open to the jury to convict the appellant of manslaughter. To convict, the jury had to be satisfied that, when the heroin was handed to the deceased ‘for immediate injection’, he and the deceased were both engaged in the one activity of administering the heroin. These were not necessarily to be regarded as two separate activities; and the question that remains is whether the jury were satisfied that this was the situation. If the jury were satisfied of this then the appellant was responsible for taking the action in concert with the deceased to enable the deceased to inject himself with the syringe of heroin which had been made ready for his immediate use. ‘

Judges:

Lord Woolf LCJ, Davis, Field JJ

Citations:

[2005] EWCA Crim 685, Times 06-Apr-2005, [2005] 1 WLR 2159

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Dalby CACD 1982
Dalby and O’Such were drug addicts. Dalby had obtained 32 tablets of Diconal lawfully. Dalby supplied O’Such with some tablets and probably certain further tablets during the evening. Each injected himself intravenously and they then went out . .
First Appeal – Regina v Kennedy CACD 31-Jul-1998
The defendant was convicted of manslaughter having handed a loaded a syringe with heroin and handed it to a friend who injected himself, and later died.
Held: The defendant had gone beyond the minimum necessary for criminal liability. All it . .
Cited – Regina v Latif; Regina v Shahzad HL 23-Jan-1996
The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process.
Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an . .
Cited – Regina v Rogers CACD 14-Mar-2003
The defendant appealed a conviction for manslaughter and assault under the 1861 Act. He held a belt around a friend’s arm whilst the friend injected heroin into his own vein. The friend later died from the overdose. He said the use of the tourniquet . .
Cited – Regina v Finlay CACD 8-Dec-2003
The defendant appealed from his conviction for manslaughter. He had been found to have prepared heroin by loading it into a syringe and passing it to a friend.
Held: Even if ‘the appellant had not himself wielded the syringe, he would have . .
Cited – Regina v Dias CACD 13-Dec-2001
The defendant appealed against his conviction for manslaughter. Both the deceased and the defendant had injected themselves with syringes prepared by D. The judge directed the jury that the self-injection of the heroin by the deceased was an . .
mentioned – Regina (on the Application of Pretty) v Director of Public Prosecutions and Secretary of State for the Home Department HL 29-Nov-2001
The applicant was terminally ill, and entirely dependent upon her husband for care. She foresaw a time when she would wish to take her own life, but would not be able to do so without the active assistance of her husband. She sought a proleptic . .

Cited by:

Cited – Regina 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: 29 June 2022; Ref: scu.223633

West, Regina v: CACD 10 Mar 2005

The defendant renewed his appeal against conviction and sentence on two counts of possessing Class A drugs (in the one case cocaine, in the other MDMA tablets) with intent to supply. His defence was that instead of supplying a small amount for his own use, there had been planted on him a substantial quantity of drugs in order that the police could then be informed and arrest him. At trial, the judge informed the jury that he had been given information privately but that it did nothing to support the defence case.
Held: Further investigations had now taken place, and while it was not said that it supported the defence in the way he envisaged, it was of such a nature that, had it been disclosed to the prosecutor, the prosecutor would have offered no evidence. The court emphasised the great caution necessary in the handling of public interest immunity applications made in the absence of the defence. Appeal allowed.

Citations:

[2005] EWCA Crim 517

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 29 June 2022; Ref: scu.223368

Department for Works and Pensions v Richards; Regina v Richards (Michael): CACD 3 Mar 2005

After conviction for benefits fraud, the defendant appealed a confiscation order, saying that had he made appropriate claims for state benefirs under other heads, the loss to the state would have been much less (andpound;3000 not andpound;19,000).
Held: The defendant was unable to set off against the amount ordered to be paid any sum which he might have recovered by way of working family tax credit had he declared his earnings. The court was not under a duty to inquire as to the extent to which the defendant’s false claim was only a notional benefit.

Judges:

Rose LJ, David Steel, Hallett JJ

Citations:

[2005] EWCA Crim 491, Times 11-Mar-2005

Links:

Bailii

Statutes:

Social Security Administration Act 1992

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Currey CACD 1995
The defendant was one of four conspirators who had between them obtained andpound;220,000 by fraud. There was no evidence before the trial judge to enable him to determine how the proceeds had been divided between the conspirators or, it seems, to . .
Cited – Regina v May; Regina v Bravard; Regina v Stapleton CACD 28-Jan-2005
The defendants had created limited companies for the sole purpose of making fraudulent reclaims of VAT. They appealed confiscation orders which attributed to each of them the whole sum received by the companies, rather than a proportionate part.
Cited – Regina v Smith (David) CACD 2002
When considering the making of a confiscation order, the court was not to make any allowance for the fact that the property had been destroyed. . .
Cited – Regina v Patel CACD 2000
The defendent pleaded guilty to conspiring to obtain property by deception. He admitted receiving a total of andpound;51,920.
Held: This amount represented his benefit from his relevant criminal conduct for the purpose of the Act. That he had . .
Lists of cited by and citing cases may be incomplete.

Crime, Benefits

Updated: 29 June 2022; Ref: scu.223364

Kelvin Dial (otherwise called Peter), Andrew Dottin (otherwise called Maxwell) v The State: PC 14 Feb 2005

(Trinidad and Tobago) Two defendants appealed against their convictions for murder. The principal witness who had identified them, had retracted his evidence, but the retraction had not been believed. He was then shown to have lied.
Held: The Board had to remember that the court of appeal had already considered these circumstances, and was much closer to the local situation and had considered the issues. It is not the function of the Board to make itself a second constitution of the Appeal Division and to duplicate its process. Appeal dismissed.
PC Lord Brown of Eaton-under-Heywood said: ‘The law is now clearly established and can simply be stated as follows. Where fresh evidence is adduced on a criminal appeal it is for the Court of Appeal, assuming always that it accepts it, to evaluate its importance in the context of the remainder of the evidence in the case. If the court concludes that the fresh evidence raises no reasonable doubt as to the guilt of the accused it will dismiss the appeal. The primary question is for the court itself and is not what effect the fresh evidence would have had on the mind of the jury.’

Judges:

Lord Bingham of Cornhill, Lord Steyn, Lord Hutton, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2005] 1 WLR 1660, [2005] UKPC 4, Times 28-Feb-2005

Links:

Bailii, PC

Citing:

Cited – Stafford v Director of Public Prosecutions HL 1974
The House rejected the submission of counsel that the Court of Appeal had asked the wrong question by taking as the test the effect of the fresh evidence on their mind and not the effect that the evidence would have had on the mind of the jury. It . .
Cited – Regina 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: . .
Cited – Regina v Hakala CACD 2002
The court discussed the correct approach of the Court of Appeal to new evidence on appeal: ‘However the safety of the appellant’s conviction is examined, the essential question, and ultimately the only question for this Court, is whether, in the . .
Applied – Stafford and others v The State (Note) PC 30-Jul-1998
PC (Trinidad and Tobago) Where the matter at issue is the exercise of a discretion by a trial judge. ‘It has been said many times that it is not the function of the Judicial Committee to act as a second Court of . .
Cited – Regina v Ishtiaq Ahmed CACD 6-Dec-2002
Approach to fresh evidence produced on appeal. . .
Cited – Regina v James Hanratty (Deceased) CACD 10-May-2002
Posthumous Appeal – Clear Purpose and Care Needed
An appeal was presented against the conviction for a murder many years earlier. The prosecution sought to introduce DNA evidence to support its case. The appellant party objected.
Held: The purpose of the appeal was to achieve justice, and . .

Cited by:

Cited – Bowman, Regina v CACD 2-Mar-2006
The defendant appealed his conviction of murder saying that evidence of other pathologists undermined the evidence given by similar experts for the crown.
Held: The court took the opportunity to give guidance on the provision of expert . .
Cited – Hendy, Regina v CACD 12-Apr-2006
The applicant was sentenced to life imprisonment in 1992 for a brutal murder. He had pleaded diminished responsibility. There were now no papers from the trial. Medical evidence now suggested that at the time of the trial he would have suffered a . .
Cited – Noye, Kenneth, Regina v CACD 22-Mar-2011
The prisoner appealed against his conviction for murder on reference from the CCRC. There were new doubts about the reliabiity of the expert forensic expert.
Held: The appeal was dismissed. Dr H’s evidence did not impinge on the essential . .
Cited – Dizaei v Regina CACD 16-May-2011
The defendant had been convicted of misconduct in a public office and doing acts with intent to pervert the course of justice. He now appealed saying that he could demonstrate that the principal witness was dishonest. The prosecution replied that . .
Cited – Ackerley v HM Attorney General of The Isle of Man (Isle of Man) PC 31-Jul-2013
The appellant challenged his conviction for sexual assault, saying that the court had not made sufficient allowance for his autism, and in particular that his confession was actually evidence of echolalia, the repetition of what had been said to . .
Cited – S and Others v Regina CACD 28-Jun-2012
Four defendants appealed against convictions for child sex abuse. The convictions had taken place at a time when current guidance to examining physicians did not apply. In each case the defendants consented to new evidence from the prosecution.
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 29 June 2022; Ref: scu.223015

Wang, Regina v: HL 10 Feb 2005

The appellant was waiting for a train when his bag was stolen. After a search, the thief tried to deter the appellant from calling the police by suggesting that the bag contained items the appellant should not be carrying. From the bag the appellant produced a curved martial arts sword, in its sheath. He testified that he was a Buddhist and that he practised Shaolin, a traditional martial art. He had taken the sword and knife with him because he did not like to leave them in the place where he was staying in Clacton, and he liked to stop at remote and uninhabited places to practise Shaolin. The police were called and a small Ghurkha style knife was also found. He suggested he had a defence of lawful excuse. The judge directed that no defence had been put forward, and that the jury should convict. The Court of Appeal certified a question as to when if ever a judge was entitled to direct a jury to return a guilty verdict.
Held: ‘Had the learned judge left the present case to the jury and directed them in the ordinary way, it seems very likely that they would have convicted. There could then have been no effective appeal. As it is, the Court of Appeal’s judgment highlights the dangers of judicial intervention. It may well have been ‘very far from clear’ what the appellant’s intentions were. The nature and extent of the appellant’s religious motivation had been the subject of evidence. The appellant’s evidence of not wanting to leave the weapons at home with no one to look after them may well have given rise to nuances . . not recognised by the judicial mind. These were pre-eminently matters for evaluation by the jury.’

Judges:

Lord Bingham of Cornhill, Lord Steyn, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe and Lord Carswell

Citations:

[2005] UKHL 9, Times 11-Feb-2005, [2005] 1 WLR 661

Links:

Bailii

Statutes:

Criminal Justice Act 1988 139(1)

Jurisdiction:

England and Wales

Citing:

Cited – Director of Public Prosecutions v Stonehouse HL 1977
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English . .
Appeal from – Regina v Cheong Wang CACD 10-Dec-2003
. .
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 . .
Cited – Regina v Bown (Mark) CACD 23-Jun-2003
The defendant was charged with having in his possession a locked blade. His defence was that he had good reason, relying upon the explanation given at the police station. The judge withdrew the defence from the jury. He appealed, saying the judge . .
Cited – Regina v Bown (Mark) CACD 23-Jun-2003
The defendant was charged with having in his possession a locked blade. His defence was that he had good reason, relying upon the explanation given at the police station. The judge withdrew the defence from the jury. He appealed, saying the judge . .
Cited – Regina v Thompson 1984
The appellant, in Kuwait, had fraudulently caused a bank there to credit his bank balances in England.
Held: The court discussed its jurisdiction: ‘It is of course a basic principle of our criminal law that no British subject can be tried . .
Cited – Joshua v The Queen PC 1955
The Board of the Privy Council considered the possibility of a judge directing a jury to find guilt.
Held: In a jury trial the judge has no fact finding role
Lord Oaksey said: ‘On the second question their Lordships are of opinion that it . .
Cited – Chandler (TN) v Director of Public Prosecutions HL 12-Jul-1962
The defendants appealed from conviction for offences under the 1911 Act. They were supporters of an organisation seeking to prevent nuclear war, and entered an Air Force base attempting to obtain information they would later publish. They pursued a . .
Cited – Kelleher, Regina v CACD 20-Nov-2003
The defendant, out of strong conviction, entered an art gallery and knocked the head from a statue of Margaret Thatcher.
Held: The court examined the breadth of the defence of ‘lawful excuse’ to a charge of criminal damage, and whether a court . .
Cited – Regina v Gordon (Note) CACD 1987
. .
Cited – Regina v Challinor CACD 1984
. .

Cited by:

Appealed to – Regina v Cheong Wang CACD 10-Dec-2003
. .
Cited – Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004) CACD 27-May-2005
Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might . .
Cited – Regina v F CACD 16-Feb-2007
The defendant was charged with offences for having been in possession of a document or record containing information of a kind ‘likely to be useful to a person committing or preparing an act of terrorism’. It was thought he was associated with a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 June 2022; Ref: scu.222690

Monument v Regina: CACD 21 Jan 2005

The defendant appealed his sentence after conviction for making indeent photographs and pseudo-photographs, saying tha imposition of a restraining order in addition to other sentences was incorrect.
Held: The 2003 Act had brought in an extended definition of ‘serious sexual harm’. However at the time when the order wa smposed, the power to make it had been repealed.

Judges:

Beatson J

Citations:

[2005] EWCA Crim 30, Times 03-Mar-2005

Links:

Bailii

Statutes:

Sexual Offences Act 2003, Sex Offenders Act 1997, Criminal Justice and Court Services Act 2000

Jurisdiction:

England and Wales

Crime

Updated: 28 June 2022; Ref: scu.221585

Wai Yutsang v The Queen: PC 14 Oct 1991

(Hong Kong) The defendant was chief accountant in a bank. He caused to be made false entries to fail to reflect the dishonouring of substantial cheques. He was charged alone on an allegation of conspiracy. His defence was that he merely obeyed the instructions of others to prevent a run on the bank.
Held: Once he had acted as he did, any motive was irrelevant. His appeal failed. As to the meaning of conspiracy to defraud, it required that the conspirators have dishonestly agreed to bring about a state of affairs which they realise will or may deceive the victim into so acting, or failing to act, that he will suffer economic loss or his economic interests will be put at risk.

Judges:

Lord Goff of Chieveley

Citations:

[1991] 3 WLR 1006, [1992] 1 AC 269, [1991] UKPC 32

Links:

Bailii

Jurisdiction:

Commonwealth

Cited by:

Cited – Adams v The Queen PC 4-Nov-1994
(New Zealand) The defendant had been a managing director of Equitcorp. With other directors he was concerned with the company’s investments, and established a series of other companies and banks to hide fraudulent transactions. Equitcorp became . .
Cited – GG Plc and Others, Regina v; Regina v Goldshield Group plc and Others HL 12-Mar-2008
The defendants faced charges of conspiracy to fix and maintain the prices of prescription drugs.
Held: An indictment making such allegations must identify and particularise the aggravating acts which took such a conspiracy to the level of a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 28 June 2022; Ref: scu.220729

Regina v Willoughby: CACD 6 Dec 2004

The Defendant appealed against his conviction for gross negligence manslaughter. He had recruited another man to assist him in burning down his own premises. In the course of the offence an explosion killed the other man. He said he owed him no duty of care.
Held: It was a matter of fact for the jury to determine whether a duty of care was owed to the deceased, once the judge had found there was evidence to support such a conclusion. In exceptional circumstances, where perhaps a statutory duty was imposed, the judge might give a direction that a duty existed. A conviction might have been easier if the case had been presented as manslaughter in the course of an unlawful act.

Judges:

Rose LJ, Stanley Burnton, Mackay J

Citations:

Times 21-Dec-2004, [2004] EWCA Crim 3365, [2005] 1 WLR 1880

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Wacker CACD 31-Jul-2002
The defendant had been convicted of manslaughter. He had been driving a lorry into the UK. 58 illegal immigrants died in the rear. He appealed against his conviction for gross negligence manslaughter, saying that because the victims were engaged in . .

Cited by:

Cited – Evans (Gemma), Regina v CACD 2-Apr-2009
The applicant appealed against her conviction for gross negligence manslaughter. Her half sister had died of a heroin overdose. Instead of calling for assistance when she had complained, the defendant and her mother had put the deceased to bed . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 28 June 2022; Ref: scu.220561

Regina v Murphy: CACD 31 May 2002

Citations:

[2002] EWCA Crim 1324

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Hylands, Regina v CACD 25-Nov-2004
The defendant had been convicted of robbery. Evidence suggested that he may had had with him a firearm. He appealed an automatic life sentence for a second serious offence.
Held: In order for an offence to come within the section, either the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 28 June 2022; Ref: scu.220550

Westminster City Council v Croyalgrange Ltd and Another: HL 15 May 1986

The defendants had been acquitted of running a sex establishment otherwise than in accordance with a licence from the appellant authority. The defendant had leased premises which were known to have been running such, but the defendant director had not been shown to have known that the tenant did not have a licence. The Council said that it having shown the use, no onus lay on the prosecutor to show knowledge of the absence of a licence.
Held: The council’s appeal failed. ‘the word ‘knowingly’ in paragraph 20(1 )(a) cannot sensibly have been introduced merely to apply to the use which the defendant is making, or causing or permitting another to make, of premises as a sex establishment. I can conceive of no circumstances in which a person could be said to be using premises, still less of causing or permitting them to be used, ‘to a significant degree for the exhibition’ of pornographic films or ‘for a business which consists to a significant degree’ of the sale of pornographic material if that person were ignorant of the nature of the offending use. If the argument for the council is right, the word ‘knowingly’ is tautologous . . If the argument for the council were accepted, it would lead to the conclusion that paragraph 20(l)(a) had in effect created an offence of strict liability. The offence would consist in the unlawful use of premises as a sex establishment and even an honest belief in facts which, if true, would make the use lawful would afford no defence. It is trite law that the legislature’s intention to create an offence of strict liability must be signified by clear language. To find such an intention in paragraph 20(1 )(a) with its iteration of the word ‘knowingly’ is obviously impossible. ‘

Judges:

Lord Bridge of Harwich, Lord Brightman, Lord Mackay of Clashfern, Lord Ackner, Lord Oliver of Aylmerton

Citations:

[1986] UKHL 9, (1986) 150 JP 449, [1986] 1 WLR 674, [1986] 2 All ER 353, 84 LGR 801, (1986) 83 Cr App R 155, [1986] Crim LR 693

Links:

Bailii

Statutes:

Local Government (Miscellaneous Provisions) Act 1982 48 Sch 3

Jurisdiction:

England and Wales

Crime, Local Government

Updated: 28 June 2022; Ref: scu.427054

Asda Stores Limited v Wandsworth London Borough Council: QBD 1 Feb 2007

The defendant appealed refusal to strike out for duplicity two allegations against them under the paragrapgh 3 of Schedule IX to the Regulations.
Held: The appeal failed. The Regulations directly transposed the Directive and created two offences. One concerned the need to protect food from contamination, and the second required adequate pest control procedures.

Judges:

Kay LJ, Stanly Burnton J

Citations:

Times 22-Feb-2007

Statutes:

Food Safety (General Food Hygiene) Regulations 1995 (1995 No 1763)

Jurisdiction:

England and Wales

Crime, Consumer

Updated: 28 June 2022; Ref: scu.253649

JL (A Youth) v Director of Public Prosecutions: QBD 16 Jul 2007

The defendant appealed his conviction for being a rogue and vagabond after being found in an enclosed yard and having a criminal intent. He was hiding from the police.
Held: His appeal was allowed. Hiding from the police was not an unlawful purpose within the section, since there was no criminal activity in mind which was a requirement under the section. Courts should be careful before using the section. It was preventative in intent.

Judges:

Auld LJ, Collins J

Citations:

Times 08-Oct-2007

Statutes:

Vagrancy Act 1824 4

Jurisdiction:

England and Wales

Crime

Updated: 28 June 2022; Ref: scu.260260

Evans Dorothy, Regina v: CACD 6 Dec 2004

The defendant appealed her conviction for having breached a restraining order under the 1997 Act. The order required her not to be ‘abusive by words or actions’ towards her neighbour. She had regularly parked her car so as to block her neighbour’s visitors. She appealed saying there had been no case to answer.
Held: ‘the question whether a word or phrase is being used in its ordinary sense or in a special sense is a question of law. But if as a matter of law the word or phrase is being used in its ordinary sense, then it is for the tribunal of fact to apply that meaning to the facts as found.’ and ‘the criminal context is not a reason for giving a narrow or strained meaning to words which bear their ordinary meaning.’ The Act provided an additional protection in that the prosecution had to show the absence of a reasonable excuse. The court was correct to have dismissed the plea of no case to answer.

Judges:

Dyson LJ, Grigson J, Rhys Davies QC

Citations:

[2004] EWCA Crim 3102, Times 10-Dec-2005

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 5(5)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Parkin (Shane Tony) CACD 3-Feb-2004
The defendant had admitted assault with intent to rob, four attempted robberies, and four false imprisonments. He appealed his sentence of four years detention in a Young Offenders Institution to be followed by a two year anti-social behaviour order . .
Cited – Moyna v Secretary of State for Work and Pensions HL 31-Jul-2003
The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks.
Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a . .
Cited – Brutus v Cozens HL 19-Jul-1972
The House was asked whether the conduct of the defendant at a tennis match at Wimbledon amounted to using ‘insulting words or behaviour’ whereby a breach of the peace was likely to be occasioned contrary to section 5. He went onto court 2, blew a . .
Cited – Regina v Associated Octel Ltd HL 14-Nov-1996
The appellants operated a chemical plant. When the plant was shut down for its annual maintenance, an independent firm repaired a tank lining. An employee of that firm was working by electric light. He had to clean the tank with acetone and resin. . .
Cited – Walker (Her Majesty’s Inspector of Taxes) v Centaur Clothes Group Limited HL 16-Mar-2000
Where a company which had ceased trading and fallen outside the tax regime, subsequently declared a dividend, it was deemed to be a new accounting period, and the dividend did fall to be taxed, and any advance corporation tax could be set off . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 June 2022; Ref: scu.220111

Hylands, Regina v: CACD 25 Nov 2004

The defendant had been convicted of robbery. Evidence suggested that he may had had with him a firearm. He appealed an automatic life sentence for a second serious offence.
Held: In order for an offence to come within the section, either the defendant had to have admitted carrying a firearm or imitation forearm, or the jury had to have returned a special verdict making an explicit finding that he had a firearm with him.

Judges:

Lord Justice Rix, Mr Justice Poole, Mr Justice Stanley Burnton

Citations:

[2004] EWCA Crim 2999, Times 21-Dec-2004

Links:

Bailii

Statutes:

Powers of Criminal Courts (Sentencing) Act 2000 109

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Benfield; Regina v Sobers CACD 21-Jul-2003
The defendants appealed life sentences for second serious offences under s109. They had been convicted of robbery.
Held: The offence of robbery existed at the time when the 200 Act was created, and it was inconceivable that the new Act . .
Cited – Regina v Murphy CACD 31-May-2002
. .
Cited – Regina v Eubank CACD 3-May-2001
Where a defendant admitted robbery but denied having a firearm, the judge held a Newton trial to decide the issue. The defendant appealed, saying that such a serious issue should properly have been tried as a separate count on the indictment, and he . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 June 2022; Ref: scu.219900

Buckley, Regina (on the Application of) v Director of Public Prosecutions: Admn 22 Oct 2004

Appeal against conviction for common assault. The defendant argued his actions had been in defence of his girlfriend who had been surrounded in the street by an aggressive group of drunken young women. The magistrates had found his reaction to be more than reasonable.
Held: The magistrates having properly directed themselves according to Palmer, and having heard th eevidence were entitled to make the assessment they had.

Citations:

[2004] EWHC 2533 (Admin)

Links:

Bailii

Statutes:

Criminal Justice Act 1988 39

Jurisdiction:

England and Wales

Citing:

Cited – Palmer v The Queen PC 23-Nov-1970
It is a defence in criminal law to a charge of assault if the defendant had an honest belief that he was going to be attacked and reacted with proportionate force: ‘If there has been an attack so that defence is reasonably necessary, it should be . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 June 2022; Ref: scu.219531

Gilchrist and Another v Her Majesty’s Advocate: HCJ 24 Aug 2004

The defendants were to stand trial for drugs offences, but raised a devoltion issue as to the use of police surveillance products gathered under the 2000 Act. They said that the authorisation to carry out the surveillance had been granted on insufficient detail as required under the 2000 Act, infringing their right to a fair trial.
Held: The submission was rejected. Lord Macfadyen said: ‘What took place in Albion Street at the relevant time was that a plastic bag was handed by the first appellant to the second appellant. That was done in a public place. The event was there to be observed by anyone who happened to be in the vicinity, whatever the reason for their presence might be. It was in fact observed by police officers. They had reason to suspect that criminal activity was taking place. They therefore detained the appellants. On further investigation it was found that the bag contained controlled drugs. That sequence of events did not involve the obtaining of private information about the second appellant, in the sense mentioned in section 1(9) or in any broader sense. Nor did it involve any lack of respect for the second appellant’s private life. What was done did not, in our opinion, amount to an infringement of the second appellant’s rights under article 8.’

Judges:

Lord Justice General And Lord Osborne And Lord Macfadyen

Citations:

[2004] ScotHC 53

Links:

Bailii

Statutes:

Misuse of Drugs Act 1971 4(3)(b), Regulation of Investigatory Powers (Scotland) Act 2000, European Convention on Human Rights 8

Jurisdiction:

Scotland

Cited by:

Cited – Kinloch v Her Majesty’s Advocate SC 19-Dec-2012
The appellant said that the police officers had acted unlawfully when collecting the evidence used against him, in that the information used to support the request for permission to undertake clandestine surveillance had been insufficiently . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 27 June 2022; Ref: scu.219570

Holloway v Director of Public Prosecutions: Admn 21 Oct 2004

The defendant had been naked, filming children playing. He had not been seen doing so. The court considered whether a conviction for disorderly conduct under section 5 required the presence of a third party. It was an express finding by the court that the behaviour was not seen by anybody else.
Held: The defendant’s appeal was allowed.
Collins J said: ‘I do not believe it to be necessary that the prosecution call a person or persons who can say that they did see what was happening. The evidence must be sufficient, so that the court can draw the inference, having regard to the criminal standard, that what he was doing was visible to or audible to people who were in the vicinity at the relevant time.’
Silber J spoke of the words ‘within the sight of’: ‘These words mean that some person must have actually seen the abusive or insulting words or behaviour. It is not enough that somebody merely might have seen or could possibly have seen that behaviour.’
Collins J: ‘The question then is what is meant by the words ‘within the hearing or sight’ of a person. I entirely agree that it is not sufficient to establish that someone might have come on the scene and therefore might have seen what the individual who is charged was doing. I assume, in what I say now, that whatever he was doing was threatening, abusive or insulting within the meaning of the section.
What, in my view, is required is that there is at least evidence that there was someone who could see, or could hear, at the material time, what the individual was doing. There is, in my judgment, on the facts of this case, a clear distinction to be drawn between what might have happened if someone had come on the scene and what in fact did happen.’ and
‘It may be that what I am saying goes to the evidence which has to be called in order to establish this offence because I do not believe it to be necessary that the prosecution call a person or persons who can say that they did see what was happening. The evidence must be sufficient, so that the court can draw the inference, having regard to the criminal standard, that what he was doing was visible to or audible to people who were in the vicinity at the relevant time. Provided that is established this offence can be made out.’

Judges:

Silber J, Collins J

Citations:

[2004] EWHC 2621 (Admin)

Links:

Bailii

Statutes:

Public Order Act 1986 5

Cited by:

Cited – Taylor v Director of Public Prosecutions Admn 28-Apr-2006
The defendant appealed conviction for racially aggravated use of threatening abusive or insulting words or behaviour. She said that apart from the police there was nobody else about to give rise to any risk of distress.
Held: It was a quiet . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 June 2022; Ref: scu.219535

Barber v Crown Prosecution Service: Admn 25 Oct 2004

The defendant appealed by case stated against his conviction for harassment. He was said to have played loud music late at night in contravention of a restraining order. He said that the prosecution had failed to prove the existence of the order. The magistrates argued that since that court had made the order, no certified copy was to be required.
Held: The defendant’s own admissions in interview amounted to admission of the existence of the order. Though the order had to be proved there was more than one way in which it could be proved. Such evidence had been provided.
The offence of being in breach of a restraining order under the Act is one of strict liability.

Judges:

Forbes J

Citations:

[2004] EWHC 2605 (Admin)

Links:

Bailii

Statutes:

Protection from Harassment Act 1997, Magistrates’ Courts Rules 1981

Jurisdiction:

England and Wales

Magistrates, Crime

Updated: 27 June 2022; Ref: scu.219530

Beckles, Regina v: CACD 12 Nov 2004

The appellant had been convicted in 1997 of robbery and false imprisonment. His case was now refererred by the Criminal Cases Review Commission. The defendant had, on advice from his solicitor refused to answer questions at the police station. The Court of Human Rights had found that the inference drawn from that silence at trial infringed his right to a fair trial. The court at his trial had referred to his silence without reminding the jury that he was ready to provide independent evidence of the exchanges with his solicitor.
Held: As a matter of fairness, the jury should have been told of the readiness of the defendant to explain his silence. It was difficult to achieve fairness. On the one hand the defendant was entitled to confidential advice from his solicitor, and on the other the courts had to ensure that s34 was effective. If it was reasonable for a defendant to have said nothing, that was the end of the matter. If it was not, but he relied upon legal advice to justify silence, it might be possible to say that he genuinely acted upon the advice, but he did so because it suited his purpose, and the reasonableness of his silence remained to be determined by the jury. The standard jury direction is being revised to achieve this purpose, and under the revised direction the jury will be asked to consider whether the defendant genuinely and reasonably relied on the legal advice to remain silent.

Judges:

Lord Woolf LCJ, McCombe J, David Clarke J

Citations:

[2004] EWCA Crim 2766, Times 17-Nov-2004, [2005] 1 Cr App 23

Links:

Bailii

Statutes:

Criminal Justice and Public Order Act 1995 34

Jurisdiction:

England and Wales

Citing:

Cited – Beckles v The United Kingdom ECHR 8-Oct-2002
The applicant had been convicted of serious offences, in part in reliance upon inferences drawn from his partial silence during interview. At trial, he said this had been on legal advice, and was ready to answer questions about that advice, but none . .
Cited – Regina 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: . .
Cited – Regina v James Hanratty (Deceased) CACD 10-May-2002
Posthumous Appeal – Clear Purpose and Care Needed
An appeal was presented against the conviction for a murder many years earlier. The prosecution sought to introduce DNA evidence to support its case. The appellant party objected.
Held: The purpose of the appeal was to achieve justice, and . .
Cited – Brizzalari v Regina CACD 19-Feb-2004
Limits to Requests for Adverse Inferences
In closing, prosecuting counsel had suggested that during the trial two matters had been mentioned by the defence which had not been mentioned earlier, and that the jury should feel free to draw proper inferences under the 1984 Act from that . .
Cited – Regina v Webber HL 22-Jan-2004
The defendant complained that the judge had given a direction under s34 even though his counsel had only put matters to witnesses for the prosecution.
Held: A positive suggestion put to a witness by or on behalf of a defendant may amount to a . .
Cited – Regina v B (K J) CACD 1-Dec-2003
s34 is ‘a notorious minefield’. . .
Cited – Regina v Bowden (BT) CACD 10-Feb-1999
The defendant was charged with robbing a McDonald’s restaurant. He had refused to answer questions when interviewed on arrest, and his solicitor had put on record that this was on the grounds that the solicitor did not think the evidence strong . .
Cited – Regina v Allan CACD 2004
The court specifically rejected the argument that the decision of the ECtHR was irrelevant. . .
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 . .
Cited – Regina v Hoare and Pierce CACD 2-Apr-2004
The court considered the drawing of adverse inferences form an accused’s silence in the police station when this was under legal advice: ‘The question in the end, it is for the jury, is whether regardless of advice, genuinely given and genuinely . .
Cited – Regina v Chenia CACD 1-Nov-2002
CS The defendant had made no comment replies during interview. He did not give evidence at trial, but otherwise took part, though he did not put any fact before the jury. The judge directed the jury that they . .
Cited – Regina v Knight CACD 29-Jul-2003
The defendant had given no answers during his police interview, but instead his solicitor read out a full written statement of his case. At trial, he did not depart from the statement thus provided. He appealed after the judge allowed the jury to . .
Cited – Howell v Regina CACD 17-Jan-2003
The court set down the general approach to be taken where a suspect refused to answer questions put during his interview by the police. . .

Cited by:

Cited – Regina v Boyle and Another CACD 25-Aug-2006
The appellants had been convicted of murder. They complained that the judge had misdirected the jury as to the effect of their silence and the inferences to be drawn.
Held: The appeals failed. Whilst the direction on s34 was defective, it had . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 June 2022; Ref: scu.219518

Regina v Mason: CACD 18 Nov 2004

The defendant had entered a plea of guilty to a charge of manslaughter, but now sought to vacate that plea. There had been a fight after a wedding reception. The defendant was said to have joined in a multi-handed attack on the victim. The defendant said that he had only approached the victim after he was in all probability dead and had only punched the body. He said he had been pressurised by repeated requests to enter the plea.
Held: He had in fact been sentenced on the basis if the facts which he still admitted. The judge had exercised his discretion correctly.

Citations:

[2004] EWCA Crim 2848

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Hall CACD 1968
Defendant’s right to apply to vacate a plea of guilty. . .
Cited – Regina v Sheikh, Sheikh and Sheikh CACD 8-Mar-2004
For an appeal to succeed in respect of a trial judge’s exercise of discretion to refuse a change of plea from Guilty to Not Guilty: ‘It must be shown that the judge misdirected himself or took account of matters which he should not have taken . .
Cited – Regina v B CACD 2002
‘The law is very clear. The court of trial possesses a discretion to allow a defendant to change his or her plea of Guilty to one of Not Guilty at any time before sentence even though the plea may be said to be unequivocal: see the decision of this . .
Cited – Regina v Turner CACD 1970
The court considered an appeal where the defendant had entered a plea of guilty but had felt himself under undue pressure from the judge.
Held: The court urged caution in the practice of counsel seeing the judge in his chambers, though . .
Cited – S v Recorder of Manchester and Others HL 1971
S, a 16 year old boy pleaded guilty to attempted rape before a juvenile court. The magistrates adjourned the case for inquiry reports. On the adjourned hearing, his legal representative referred to evidence of the boy’s mental condition, and asked . .
Cited – Regina v Cantor CACD 1991
The court of appeal declined to lay down any rules of practice concerning changes of plea. It was for trial judges to decide how to respond to an application for that to be done. . .
Cited – Regina v Drew CACD 1985
The court considered when a judge should allow a defendant to withdraw a plea of guilty: ‘only rarely would it be appropriate for the trial judge to exercise his undoubted discretion in favour of an accused person wishing to change an unequivocal . .
Cited – Regina v Dodd CACD 1981
. .
Cited – Regina v McGovern CACD 13-Feb-1998
The court considered an application to withdraw an unequivocal guilty plea: ‘What is, of course, highly material is whether or not on the Crown case there was evidence to support the charge in the terms to which the plea was entered and whether or . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 June 2022; Ref: scu.219519

Regina v Sakavickas and Another: CACD 3 Nov 2004

The defendants appealed a conviction for conspiracy to assist another to retain the benefit of criminal conduct. One set of defendants illegally imported cigarettes, and S was accused of operating a bank account to assist in the moving of the proceeds. He said he was not aware of the criminal source of the funds.
Held: It was sufficient to show that the defendant suspected the other party of criminal activity. For s93A, the existence of such a suspicion was one of the elements to be proved. It was the suspicion of criminal involvement which had to be shown, not the fact of such involvement. S1(2) of the 1977 Act did not apply to an offence contrary to section 93A . The fact or circumstance necessary for the commission of the offence was the suspicion of the defendant. Establishing suspicion also established knowledge of that suspicion. The defendant must inevitably have knowledge of his own state of mind:

Judges:

Lord Justice Kennedy Mr Justice Morison And Mr Justice Elias

Citations:

[2004] EWCA Crim 2686, Times 18-Nov-2004, [2005] 1 WLR 857

Links:

Bailii

Statutes:

Criminal Justice Act 1988 93A, Criminal Law Act 1977 1(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Saik, Regina v HL 3-May-2006
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 June 2022; Ref: scu.219340

Davies v Regina: CACD 29 Oct 2004

The defendant appealed against his conviction for murder. He said the identification was partial and weak, being of a partial face and two spoken words. It was objected that his counsel had wrongly failed to object to its admission.
Held: There was no justification for saying that if counsel had objected, the evidence would not have been admitted. The procedures adopted by the police followed those approved in Hersey. Appeal dismissed.

Judges:

Mr Justice Newman Lord Justice Mance Fulford The Honourable Mr Justice Fulford

Citations:

[2004] EWCA Crim 2521

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Turnbull and Another etc CCA 9-Jun-1976
The defendants appealed against their convictions which had been based upon evidence of visual identification.
Held: Identification evidence can be unreliable, and courts must take steps to reduce injustice. The judge should warn the jury of . .
Cited – Regina v Flemming CACD 1986
It was quite unnecessary for a trial judge faced with issues about the quality or probative value of identification evidence to hold a trial-within-a-trial. The normal procedure was that laid down in Turnbull, where the court ‘made it abundantly . .
Cited – Regina v Hersey CACD 1-Dec-1997
The defendant appealed against his conviction for robbery, which had been based in part on witnesses identifying his voice. Particular concern was raised where a series of recordings had been brought together from which the witness had been asked to . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 June 2022; Ref: scu.218867

Steadman v Director of Public Prosecutions: QBD 15 Apr 2002

The motorist was to be asked to take a breath test at the police station. The defendant was asked if he was on medication, and he produced a pill. The officer went ahead wit the test. At court the defendant said that he should first have sought medical advice to see whether he was fit to be tested.
Held: The breath test was not as invasive as the blood test, and therefore less rigorous care was needed. There was no need for the officer to call a doctor in these circumstances. The Wade requirements applied only when the officer was requiring a blood sample.

Judges:

Lord Justice Kennedy and Mr Justice Keith

Citations:

Times 03-May-2002, Gazette 23-May-2002

Statutes:

Road Traffic Act 1988& 5(1)(a) 7(1) 7(3)(a) 7(4)

Jurisdiction:

England and Wales

Citing:

Cited – Wade v Director of Public Prosecutions QBD 14-Feb-1995
The Police Constable had failed to enquire further on the issue of ‘taking tablets’ as a medical reason for refusing to give a breath test. The prosecution failed. . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Crime

Updated: 27 June 2022; Ref: scu.170224

Regina v Magee: CANI 3 May 2001

The defendant appealed his conviction for several terrorist offences, saying that his confessions were obtained by violence from two interviewing police officers.

Judges:

Carswell LCJ

Citations:

[2001] NIECA 18

Links:

Bailii

Jurisdiction:

Northern Ireland

Crime

Updated: 27 June 2022; Ref: scu.162928

Regina v Speechley: CACD 18 Nov 2004

The defendant had been accused of misbehaviour as leader of the county council. His counsel wanted to remind the jury of their right to return a not guilty verdict at any time. The judge declined to allow him.
Held: The judge was correct. A jury does have the right to acquit a defendant at the end of the prosecution case, but in no case had anyone other than the judge reminded them of this right. The duty of maintenance of fairness lay on the trial judge, and this issue was one for him.

Judges:

Kennedy LJ, Bell, Hughes JJ

Citations:

[2004] EWCA Crim 3067, [2005] Crim LR 811, [2005] 2 Cr App R (S) 15, Times 01-Dec-2004

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing, Crime, Criminal Practice

Updated: 27 June 2022; Ref: scu.448368

Rex v John Sheard (241): 1837

The prisoner struck the prosecutor on the side of his hat with an air-gun with great force, by which the prosecutor was wounded, but the wound was made by the violence with which the hat was struck, the weapon used by the prisoner never coming in contact with the head of the prosecutor : Held, by the fifteen judges, that this was a wounding within the stat 9 Geo IV c. 31, ss 11 and 12

Citations:

[1837] EngR 241, (1837) 7 Car and P 846, (1837) 173 ER 368

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

See Also – Rex v John Sheard (240) 1837
. .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 June 2022; Ref: scu.313358

Rex v John Sheard (240): 1837

Citations:

[1837] EngR 240, (1837) 2 Mood 13, (1837) 169 ER 6 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

See Also – Rex v John Sheard (241) 1837
The prisoner struck the prosecutor on the side of his hat with an air-gun with great force, by which the prosecutor was wounded, but the wound was made by the violence with which the hat was struck, the weapon used by the prisoner never coming in . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 June 2022; Ref: scu.313357

Scott v Metropolitan Police Commissioner; Regina v Scott: HL 20 Nov 1974

The defendant had been accused of conspiracy to produce pirate copies of films obtained by purchasing copies from cinema owners without the knowledge or consent of the copyright owners.
Held: To establish a conspiracy to defraud, it was not necessary to prove a deceit by the defendant of the person who would end up being defrauded. A conspiracy to defraud is an agreement between two or more people dishonestly to deprive a person of something which is his or to which he would be entitled, or to injure a proprietary right.
Viscount Dilhorne observed with approval that: ‘In East’s Pleas of the Crown vol. II the author stated that in his view the common law offence of cheating consisted in: ‘the fraudulent obtaining of the property of another by any deceitful or illegal practice or token (short of felony) [which affects or may affect the public.] . . ‘
Viscount Dilhorne referred to the ancient common law offence of cheating, citing East’s Pleas of the Crown (1803) vol II, pp 816ff for that author’s opinion that that offence consisted in: ‘the fraudulent obtaining [of] the property of another by any deceitful and illegal practice or token (short of felony) which affects or may affect the public. It is not, however, every species of fraud or dishonesty in transactions between individuals which is the subject matter of a criminal charge at common law; . . it must be such as affects the public . . calculated to defraud numbers, to deceive the people in general.’

Judges:

Viscount Dilhorne, Lord Reid, Lord Diplock, Lord Simon of Glaisdale, Lord Kilbrandon

Citations:

[1975] AC 819, [1974] UKHL 4

Links:

Bailii

Statutes:

Copyright Act 1956 21(1)(a)

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Governor of Pentonville Prison, Ex parte Tarling HL 1978
The Government of Singapore sought Mr Tarling’s extradition inter alia on two charges of conspiring in Hong Kong to steal shares in a Hong Kong company, the property of a Singapore Company.
Held: a conspiracy in Hong Kong to steal shares in a . .
Cited – Rex v Orbell 1703
The indictment stated that the defendants had fraudulently and per conspirationem, to cheat J.S. of his money, got him to lay a certain sum of money upon a foot race and prevailed with the party to run ‘booty’.
Held: No false representation . .
Cited – Rex v Button 1848
The defendants were charged with conspiracy to use their employers’ vats and dyes to dye articles which they were not entitled to dye, to secure profits for themselves and so to defraud their employer of profit. There was no false pretence and no . .
Cited – Welham v Director of Public Prosecutions HL 1961
The House considered what was required to establish an ‘intent to defraud’.
Held: Lord Radcliffe said: ‘Now, I think that there are one or two things that can be said with confidence about the meaning of this word ‘ defraud ‘. It requires a . .
Mentioned – In re London and Globe Finance Corporation Ltd ChD 1903
A company which had gone from voluntary winding up, first to winding up under supervision and then to compulsory winding up, with the official receiver as liquidator. The company’s former managing director was suspected of fraud, but the law . .
Cited – Regina v Quinn 1898
The defendants were convicted of conspiring to cheat and defraud the Great Northern Railway of Ireland of fares by abstracting return half tickets and selling them to members of the public.
Held: There was no deceit of their employers. . .
Cited – Regina v Yates 1853
The defendant had been charged with conspiracy by false pretences and subtle means and devices to extort from TE a sovereign and to cheat and defraud him thereof. There was no evidence of any false pretence.
Held: The words ‘false pretences ‘ . .
Cited – Regina v De Kromme 1892
The defendant was indicted for soliciting a servant to conspire to cheat and defraud his master by selling his master’s goods at less than their proper price. Lord Coleridge CJ said that if the servant had sold the goods at less than their proper . .
Cited – Rex v Wheatly 1761
Lord Mansfield discussed the common law offence of cheating: ‘The offence that is indictable must be such a one as affects the public. As if a man uses false weights and measures and sells by them . . in the general course of his dealing: so if a . .
Cited – Regina v Sinclair 1968
The defendants had been convicted of conspiracy to cheat and defraud a company, its shareholders and creditors by fraudulently using its assets for purposes other than those of the company and by fraudulently concealing such use.
Held: James J . .
Cited – Director of Public Prosecution v Withers HL 20-Nov-1974
The House was asked to consider whether there existed the crime of a conspiracy to commit a public mischief.
Held: There was no such crime, since it was so undefined as to be unfair to any defendant. Although at common law no clear distinction . .

Cited by:

Cited – Director of Public Prosecutions v Bignall Admn 16-May-1997
The defendant police officers had obtained information from the Police National Computer, but had used it for improper purposes.
Held: The prosecution should have taken place under the 1990 Act as unauthorised access, and had not been used . .
Cited – Adams v The Queen PC 4-Nov-1994
(New Zealand) The defendant had been a managing director of Equitcorp. With other directors he was concerned with the company’s investments, and established a series of other companies and banks to hide fraudulent transactions. Equitcorp became . .
Cited – Ivey v Genting Casinos (UK) Ltd (T/A Crockfords) SC 25-Oct-2017
The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Crime

Updated: 23 June 2022; Ref: scu.216517

Regina v J: HL 14 Oct 2004

The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same facts. He appealed against his conviction, saying this was an abuse of process.
Held: The substance of the complaint was that, Parliament having stated that this particular offence should not be prosecuted after one year, the prosecution had done just that. Even though the Act might be anomolous, the courts were obliged to give it effect. A simple assumed freedom to prosecute would render the words of the Act ineffective. The prosecution was an abuse. Any such offence would necessarily also include other acts of indecent assault which could have been charged. (Baroness Hale Dissenting)
Lord Rodger of Earlsferry said: ‘The notion of a fraud upon an Act, acting in fraudem legis, is ancient. Although the outer limits of the doctrine remain notoriously difficult to define, this case at least falls squarely within its scope.’

Judges:

Lord Bingham of Cornhill, Lord Steyn, Lord Clyde, Lord Rodger of Earlsferry, Baroness Hale of Richmond

Citations:

[2004] UKHL 42, (2005) 1 AC 562, [2004] 3 WLR 1019, [2005] 1 Cr App R 19, [2005] 1 All ER 1

Links:

House of Lords, Bailii

Statutes:

Sexual Offences Act 1956

Jurisdiction:

England and Wales

Citing:

Cited – Faulkner v Talbot CACD 1981
An indecent assault includes an intentional touching of one person by another in circumstances of indecency, whether or not (where the person touched is a girl under 16) she consents. . .
Cited – Regina v Derby Crown Court, ex parte Brooks QBD 1985
The court set out the characteristics of abuse of process in criminal matters. It may be an abuse of process if: ‘the prosecution have manipulated or misused the process of the court so as to deprive the defendant of a protection provided by the law . .
Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Appeal from – Regina v Jones CACD 20-Dec-2002
The defendant might have been chaged with an offence under section 6 of the Act, of unlawful intercourse with a girl under 16, but the prosecution would have been outside the time limit of twelve months. Instead he was prosecuted for an offence . .
Cited – Regina v K HL 25-Jul-2001
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history . .
Cited – Regina v Cotton 1896
The Act provided that on a trial for rape the jury, if not satisfied that the defendant was guilty of rape but satisfied that he was guilty of having intercourse with a girl aged between 13 and 16, contrary to section 5(1) of the Act, might convict . .
Cited – Regina v Blight 1903
(New Zealand) The Criminal Code in force at the time, reflecting the English, included an offence of sexual intercourse with a girl under 16, to which a one month time limit applied, and also an offence of indecent assault to which no time limit . .
Cited – Regina v Saraswati 1989
(Criminal Court of Appeal – New South Wales) The defendant appealed convictions on counts of indecency with a child, the only evidence relied on, in relation to some counts, being evidence of full sexual intercourse. Statutory time limits precluded . .
Cited – Regina v Hibberd 22-Feb-2001
(Court of Appeal, New Zealand) The defendant was charged with offences of indecent assault against children. Certain Acts would have constituted more serious assaults, but were cot charged as such being time barred. . .
Cited – Regina v Quayle 1992
The court considered the practice of prosecuting for indecent assault rather than unlawful sexual intercourse because of the higher sentence available. . .
Cited – Regina v Hinton CACD 1995
The defendant had pleaded guilty to indecent assault on his 15 year old stepdaughter. The reason for the charge being under section 14 was that the time limit for prosecution under section 6 had expired. The sentence exceeded the maximum for the . .
Cited – Regina v McCormack CACD 1969
The defendant was charged with unlawful sexual intercourse and it was held to have been correct to leave to the jury as an alternative verdict a verdict of indecent assault. It was held as ‘plain beyond argument’ that if a man inserted his finger . .
Cited – Regina v Figg CACD 2003
The defendant had been convicted of indecent assault on facts which would have led to his prosecution for unlawful sexual intercourse if the time limit for that offence had not expired. The court considered the proper basis for sentence. . .
Cited – Regina v Latif; Regina v Shahzad HL 23-Jan-1996
The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process.
Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an . .
Cited – Fox v Bishop of Chester 1829
It would be ‘an insult’ to Parliament’s intention to prosecute for one offence when the more proper alternative would be barred by statute, since ‘in substance, if this could be done, you could always evade the statutory limit of time.’ . .
Cited – Procurator Fiscal, Dunoon v Allan Dominick HCJ 22-Jul-2003
. .
Cited – Procurator Fiscal, Dunoon v Allan Dominick HCJ 22-Jul-2003
. .
Cited – Fairclough v Whipp CCA 1951
The defendant was charged with indecent assault on a girl aged nine. At the man’s invitation the girl had committed an indecent act on the man.
Held: An invitation to another person to touch the invitor could not amount to an assault on the . .
Cited – Director of Public Prosecutions v Rogers 1953
It was not an assault on a girl, for a man to invite an eleven year old girl to touch him (in this case her father) indecently. . .
Doubted – Regina v Cotton 1896
The Act provided that on a trial for rape the jury, if not satisfied that the defendant was guilty of rape but satisfied that he was guilty of having intercourse with a girl aged between 13 and 16, contrary to section 5(1) of the Act, might convict . .

Cited by:

Cited – Regina 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 . .
Cited – Regina v WR CACD 11-Jul-2005
The court considered the addition of a charge of indecent assault to cover an allegation amounting to rape: ‘Historically, when the issue had been one of consent in a rape charge, it had always been accepted that if a girl were under the age of . .
Cited – Timmins, Regina v CACD 15-Nov-2005
The defendant appealed conviction for indecent assault. The charge alleged assault by intercourse per vaginam with a 13 year old girl. He had been 14 years old at the time. The verdict indicated consent by the complainant.
Held: The appeal . .
Cited – Department for Work and Pensions v Courts Admn 3-May-2006
The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, . .
Cited – British Bankers Association, Regina (on The Application of) v The Financial Services Authority and Another Admn 20-Apr-2011
The claimant sought relief by way of judicial review from a policy statement issued by the defendants regarding the alleged widespread misselling of payment protection insurance policies, and the steps to be taken to compensate the purchasers. They . .
Cited – Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Another SC 27-Jul-2011
Complex financial instruments insured the indebtedness of Lehman Brothers. On that company’s insolvency a claim was made. It was said that provisions in the documents offended the rule against the anti-deprivation rule. The courts below had upheld . .
Cited – Brown, Regina v (Northern Ireland) SC 26-Jun-2013
The complainaint, a 13 year old girl had first said that the defendant had had intercourse with her againt her consent. After his arrest, she accepted that this was untrue. On being recharged with unlawful intercourse, he admitted guilt believing he . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 23 June 2022; Ref: scu.216463

Regina v Bailey: CCA 1 Oct 1961

Citations:

(1978) 66 Cr App R 31

Jurisdiction:

England and Wales

Citing:

Followed – Regina v Matheson CCA 1958
The defendant raised a defence of dimished responsibility under the 1957 Act to a charge of murder. Three doctors called for the defence at the trial had stated that the defendant was suffering from an abnormality of mind due to arrested or retarded . .

Cited by:

Cited – Regina v Khan CACD 27-Jul-2009
On his trial for murder the defendant produced unchallenged expert evidence that at the time of the offence, his mental responsibility for the killing was substantially impaired by his mental illness. He said that in these circumstances the charge . .
Cited – Walton v The Queen PC 1978
The defendant shot someone in a car. His defence was diminished responsibility, but the jury found him guilty of murder. He was sentenced to death. The Barbadian statute used precisely the same wording as the English Act of 1957. There had been . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 23 June 2022; Ref: scu.372330