Citations:
[2004] EWHC 464 (Admin)
Links:
Statutes:
Crime and Disorder Act 1998, Public Order Act 1986 5
Jurisdiction:
England and Wales
Crime
Updated: 10 June 2022; Ref: scu.194908
[2004] EWHC 464 (Admin)
Crime and Disorder Act 1998, Public Order Act 1986 5
England and Wales
Updated: 10 June 2022; Ref: scu.194908
The defendant appealed convictions for fraudulent trading and obtaining property by deception, saying that the English court could not prosecute an offence committed principally in the US.
Held: Provided some substantial element (here the deception) took place within the UK, and provided there was no offence to international comity, the court here could hear such a case. Convictions for obtaining services by deception were substituted for the property convictions, but otherwise the appeal was dismissed. The common law had to be allowed to develop. The court had to decide between Smith and Manning. Smith was preferred. Substitutional convictions were imposed.
The Lord Chief Justice of England And Wales, Mr Justice Richards And Mr Justice Henriques
[2004] EWCA Crim 631, Times 29-Mar-2004, [2004] QB 1418, [2004] 2 Cr App R 17, [2004] 3 WLR 229
England and Wales
Cited – Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals) HL 10-Jul-1996
The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception.
Held: A chose in action created by an electronic bank transfer was not property which was capable of . .
Cited – Regina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .
See also – Regina v Smith (Wallace Duncan) (No 1) CACD 13-Nov-1995
In the offence of fraudulent trading, ‘creditors’ are those to whom money was owed, including future creditors, not just those who can presently sue. Deceptions practised in UK, but having their effect abroad are prosecutable here. The only feature . .
See Also – Regina v Smith, WD CACD 18-May-1999
The Court of Appeal Criminal Division has the discretion to adjourn an appeal, once it becomes clear that the point at issue was a point of law, which was itself the subject of a reference by the Criminal Cases Review Commission. . .
See Also – Regina v Smith (Wallace Duncan) (No 3) CACD 28-Nov-2002
The appellant was supported in his appeal by the Criminal Cases Review Commission. In addition the appellant sought to permission raise other grounds of appeal. The prosecution asserted that the court could filter the grounds of appeal already . .
Cited – Regina v Manning CACD 24-Jun-1998
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad.
Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and . .
Cited – Regina v Roberts 1990
. .
Cited – Regina v Berry (No 2) 1991
. .
Cited – Poole and Mills v Regina CACD 17-Jun-2003
The case was a reference from the Criminal Cases Review Commission. The defendants had been convicted in 1990 of murder. The House of Lords had dismissed an earlier appeal. Police officers had allowed statements to be put forward which were false in . .
Cited – Regina v Cooke CACD 24-Jan-1997
The defendant had been convicted of a mortgage fraud, but sought leave to appeal out of time in the light of Preddy.
Held: ‘In the light of Graham and upon our reading of section 1 of the 1978 Act we consider that the wording of subsection (2) . .
Cited – Regina v Hawkins (Paul) CACD 2-Aug-1996
The defendant sought leave to appeal out of time after a guilty plea.
Held: Leave was not granted despite a subsequent ruling on the Theft Act, which showed the basis of the original plea to have been wrong in law. No injustice had been shown, . .
Cited – Regina v Halai CACD 15-Jul-1982
The defendant went to his solicitor, who was also an agent of a building society, to raise a mortgage to purchase a house. The defendant gave false details in the form which was intended to induce the building society to make an advance. He signed . .
Cited – Regina v Teong Sun Chuah CACD 1991
. .
Cited – Regina v Hawkins (Paul) CACD 2-Aug-1996
The defendant sought leave to appeal out of time after a guilty plea.
Held: Leave was not granted despite a subsequent ruling on the Theft Act, which showed the basis of the original plea to have been wrong in law. No injustice had been shown, . .
Cited – Director of Public Prosecutions v Doot HL 1973
The defendants were charged with conspiracy to import dangerous drugs into the United Kingdom. Their counsel submitted that they could not be tried in England since the conspiracy had been formed abroad.
Held: There could be no breach of any . .
See Also – Regina v Smith, WD CACD 18-May-1999
The Court of Appeal Criminal Division has the discretion to adjourn an appeal, once it becomes clear that the point at issue was a point of law, which was itself the subject of a reference by the Criminal Cases Review Commission. . .
See Also – Regina v Smith (Wallace Duncan) (No 3) CACD 28-Nov-2002
The appellant was supported in his appeal by the Criminal Cases Review Commission. In addition the appellant sought to permission raise other grounds of appeal. The prosecution asserted that the court could filter the grounds of appeal already . .
Cited – Purdy, Regina (on the Application of) v Director of Public Prosecutions HL 30-Jul-2009
Need for Certainty in Scope of Offence
The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the . .
Cited – Sheppard and Another, Regina v CACD 29-Jan-2010
The defendants appealed against their convictions for publishing racially inflammatory material. They skipped bail during the trial, were convicted in their absence, and returned after being refused asylum in the US. The convictions related to . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.194905
Reasons for allowing appeals against convictions for rape and kidnapping. New evidence as to mental capacity.
Potter LJ, Forbes J, Tilling HHJ
[2004] EWCA Crim 666
England and Wales
Updated: 10 June 2022; Ref: scu.194903
It is for the jury to decide the question as to what the defendant had joined up to in a joint enterprise case by considering the knowledge and actions of those involved. The jury would have to be sure before the defendant was convicted that the defendant had participated in the joint enterprise foreseeing that in the course of that joint enterprise the person who killed might use force with intent to kill or cause really serious bodily injury.
[2004] EWCA Crim 526, [2004] 2 Crim App R 20
England and Wales
Cited – Regina v Micthell and King CACD 1988
The court considered whether the defendants had continued to be involved in a criminal action where they were originally involved, but claimed to have ceased involvement.
Held: In considering whether a person had withdrawn, there must usually . .
Cited – Mitchell and Another, Regina v CACD 4-Nov-2008
The appellant challenged their convictions as ancillary parties to a murder, particularly as to the joint enterprise direction. There had been a scuffle outside a pub. The appellant went away with others to a nearby house, and returned with them . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.194696
[2004] EWCA Crim 456
England and Wales
Updated: 10 June 2022; Ref: scu.194148
[2004] EWCA Crim 309
England and Wales
Updated: 10 June 2022; Ref: scu.193933
[2004] EWCA Crim 303
England and Wales
Updated: 10 June 2022; Ref: scu.193931
The Director appealed dismissal of a charge. The defendant had accompanied a learner driver. He had too much alcohol in his blood. He denied that he was driving.
Held: There was no need to prove that the defendant was statutorily supervising. The precise skills of the learner driver were not relevant. The supervisor was clearly in charge of the vehicle, and the case was remitted to the magistrates
May LJ, Nelson J
[2004] EWHC 101 (Admin), Times 29-Jan-2004
England and Wales
Updated: 09 June 2022; Ref: scu.193503
[2018] EWCA Crim 2412
England and Wales
Updated: 09 June 2022; Ref: scu.628209
[2018] EWCA Crim 2190
England and Wales
Updated: 09 June 2022; Ref: scu.628204
[2014] ScotHC HCJAC – 133
Scotland
Updated: 09 June 2022; Ref: scu.539881
[2011] ScotHC HCJAC – 26
Scotland
Updated: 09 June 2022; Ref: scu.431661
[2008] EWCA Crim 1358
England and Wales
Updated: 09 June 2022; Ref: scu.343024
[2004] EWCA Crim 105
England and Wales
Updated: 09 June 2022; Ref: scu.192341
May LJ, Nelson J
[2004] EWHC 83 (Admin)
England and Wales
Cited – Paterson v Director of Public Prosecutions 1990
. .
Cited – Regina v Jackson CACD 21-May-1996
Time should be saved by explicit admissions of all elements of expert case. . .
Cited – Tuck v Vehicle Inspectorate Admn 24-Mar-2004
The defendant appealed a conviction for exceeding the gross permitted weight on a goods vehicle. The magistrates having heard the case, the defendant submitted there was no case to answer, the prosecution having failed to bring evidence as to the . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 June 2022; Ref: scu.192342
[2004] EWHC 112 (Admin)
Trade Descriptions Act 1968 1(1)(A)
England and Wales
Updated: 09 June 2022; Ref: scu.192343
The Hon Recorder Of Middlesbrough Mr Jusice Mccombe Lord Justice Thomas
[2004] EWCA Crim 106
England and Wales
Updated: 09 June 2022; Ref: scu.192284
CJ Reference for a preliminary ruling: Landesgericht Eisenstadt – Austria. Counterfeit and pirated goods – No criminal penalty for the transit of counterfeit goods – Compatibility with Regulation (EC) No 3295/94.
C-60/02, [2004] EUECJ C-60/02
Updated: 08 June 2022; Ref: scu.192236
The appellant was charged as a principal in the first degree, and the issue was whether the defence of duress was available. The Board considered the availability of duress as a defence to a criminal charge.
Held: The defence was not open to the defendant (Lord Wilberforce and Lord Edmund-Davies dissenting). The Court was bound to ‘loyally’ accept the decision in Lynch, but that it was not an authority which required extension of the doctrine of duress to such a case. Having regard to the doubts expressed in the speeches of the majority as to the applicability of their reasoning to persons who actually carry out killings, combined with the dissenting speeches, it was considered that a majority of the House in Lynch had to be seen as being of the opinion that it should not be extended.
Lord Hailsham, Lord Kilbrandon, Lord Salmon, Lord Wilberforce and Lord Edmund-Davies
[1976] CLY 513, [1977] AC 755, [1976] 3 All ER 140, [1976] UKPC 19
Commonwealth
Applied – Regina v Howe etc HL 19-Feb-1986
The defendants appealed against their convictions for murder, saying that their defences of duress had been wrongly disallowed.
Held: Duress is not a defence available on a charge of murder. When a defence of duress is raised, the test is . .
Cited – In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
See Also – Abbott v The Attorney General of Trinidad and Tobago and Others PC 12-Jun-1979
Trinidad and Tobago . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.192056
The Hon Recorder Of Middlesbrough Lord Justice Rix Mr Jusice Mccombe
[2004] EWCA Crim 7
England and Wales
Cited – Mehta v Regina CACD 31-Dec-2012
The defendant appealed against his conviction for conspiracy to defraud. His co-defendant and alleged co-conspirator had been acquitted.
Held: The appeal against conviction failed. The defence knew that they were going to have to deal with the . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.192054
Two hydrofoils collided, causing deaths. The officers were charged with manslaughter.
Held: The Board applied to the situation the law which had developed for road traffic accidents.
[1985] Crim LR 787, (1986) 82 Cr App R 18, [1985] UKPC 25
England and Wales
Applied – Regina v Seymour HL 1983
The court considered the relationship between the offences of manslaughter and causing death by reckless driving. The applicant argued that recklessness in a manslaughter case bore a different meaning from that which applied in respect of the . .
Applied – Regina v Lawrence (Stephen) HL 1981
The defendant had ridden a motor-cycle and hit a pedestrian. The court asked whether he had been reckless.
Held: The House understood recklessness as ‘a state of mind stopping short of deliberate intention, and going beyond mere inadvertence’ . .
Applied – Regina v Goodfellow CACD 1986
The defendant had failed to get re-housed. He planned to burn down his present lodgings, rescuing the other inhabitants. Three died in his attempt. He appealed a conviction for manslaughter.
Held: The case was either an unlawful act or . .
Cited – Brown v The Queen (Jamaica) PC 13-Apr-2005
A police officer appealed against his conviction for manslaughter after being involved in a road traffic accident. Two were killed. The policemen complained as to the direction given on gross negligence manslaughter.
Held: Adomako could not . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.191176
The defendant was convicted of manslaughter. After he had been unable to satisfy his female victim sexually, he had become angry and had seriously assaulted her. He mistakenly thought she was dead and tipped her in the river where she drowned.
Held: Edmund Davies J: ‘For such a verdict inexorably to follow, the unlawful act must be such as all sober and reasonable people would inevitably recognise must subject the other person to, at least, the risk of some harm resulting therefrom, albeit not serious harm.’
Edmund Davies J, NMarshall J, Widgery J
[1966] 1 QB 59, [1965] EWCA Crim 1, 129 JP 366, 49 Cr App Rep 206, [1965] 2 WLR 1220, [1965] 2 All ER 72
Applied – Regina v Goodfellow CACD 1986
The defendant had failed to get re-housed. He planned to burn down his present lodgings, rescuing the other inhabitants. Three died in his attempt. He appealed a conviction for manslaughter.
Held: The case was either an unlawful act or . .
Cited – Regina v Coutts HL 19-Jul-2006
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent . .
Cited – Attorney-General’s Reference (No 3 of 1994) HL 24-Jul-1997
The defendant stabbed a pregnant woman. The child was born prematurely and died. The attack had been directed at the mother, and the proper offence was manslaughter.
Held: The only questions which need to be addressed are (1) whether the act . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.191178
Lord Justice Clerk And Lord Marnoch And Lord Macfadyen And Lady Cosgrove And Lord Sutherland
[2003] ScotHC 43, 2003 SLT 975
Scotland
Cited – 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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.191040
Lord Marnoch And Lord Hamilton And Lord Mccluskey
[2002] ScotHC 93
Scotland
Updated: 08 June 2022; Ref: scu.190994
Lord Kirkwood And Lord Coulsfield And Lord Marnoch
[2002] ScotHC 302
Scotland
Updated: 08 June 2022; Ref: scu.190966
Lord Coulsfield And Lord Osborne And Lord Weir
[2002] ScotHC 312
Scotland
Updated: 08 June 2022; Ref: scu.190958
Lord Justice General And Lord Hamilton And Lord Marnoch
[2003] ScotHC 54
Scotland
Updated: 08 June 2022; Ref: scu.191007
Lord Justice Clerk And Lord Hamilton And Lord Maclean
[2003] ScotHC 30
Scotland
Updated: 08 June 2022; Ref: scu.191058
Lord Cameron Of Lochbroom And Lord Justice General And Lord Maclean And Lord Osborne And Lord Hamilton
[2003] ScotHC 7
Scotland
Updated: 08 June 2022; Ref: scu.191083
Lord Osborne And Lady Paton And Sheriff Principal C.G.B. Nicholson
[2003] ScotHC 40
Scotland
Updated: 08 June 2022; Ref: scu.191044
Confiscation proceedings are part of the sentencing process, and do not constitute a separate criminal charge.
Lord Kirkwood And Lord Justice Clerk And Lord Maclean
[2003] ScotHC 20
Scotland
Cited – Regina v Levin CACD 29-Jan-2004
The defendant appealed against a confiscation order, challenging the standard of proof applied by the judge.
Held: The judge was entitled to include in his consideration, the evidence given at the trial as well as that on the confiscation . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.191082
Lord Kirkwood
[2003] ScotCS 229
Scotland
Updated: 08 June 2022; Ref: scu.191078
Lord Hamilton And Lord Justice General And Lord Marnoch
[2002] ScotHC 122, 2002 SLT 1311
Scotland
Applied – Stewart v Her Majesty’s Advocate HCJ 6-Sep-2002
The appellant had been sentenced to life imprisonment for murder in 1993. He was an existing adult mandatory life prisoner for the purposes of Part I of the Schedule to the 2001 Act. In 2002 the High Court specified the punishment part of his . .
Cited – Flynn, Meek, Nicol and McMurray v Her Majesty’s Advocate PC 18-Mar-2004
PC (High Court of Justiciary) The applicants had each been convicted of murder, and complained that the transitional provisions for determining how long should be served under the life sentences infringed their . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.190981
The defendant appealed conviction on three counts of conspiracy to launder money. The prosecution said that he and his co-accused engaged in money laundering between June 1999 and March 2000. Each count alleged that he and his co-conspirators engaged in transactions which were prohibited by section 49(2)(b) of the Drug Trafficking Act 1994 and section 93C(2)(b) of the 1988 Act, ‘knowing or having reasonable grounds to suspect that certain property, namely banknotes, was, or in whole or in part directly or indirectly represented, another person’s proceeds of drugs trafficking and/or criminal conduct’. The appellant submitted that the words ‘knowing or having reasonable grounds to suspect’, whilst apt for an allegation of the principal offences, were not sufficient to describe what had to be proved for guilt of the statutory conspiracy. The prosecution said that an averment of intent as an alternative to knowledge was not necessary in a charge of conspiracy. The intent was inherent in the unlawful agreement alleged.
Held: The appeal failed: ‘If two or more people intend and agree to commit an act that they know to be unlawful, then knowledge or mistake as to a fact critical to the success of the conspiracy is immaterial to its proof; the intention is proxy for, or more correctly an alternative to, knowledge of such a fact. And, it follows, gradations of knowledge, such as ‘reasonable grounds to suspect’ it, are irrelevant.’ Words such as ‘knowing or having reasonable grounds to suspect’ included from the substantive offences was an immaterial averment. There was no point of substance in the appellant’s complaint that something short of knowledge was alleged in the indictment when, given the thrust of the prosecution case, knowledge of the precise provenance of the banknotes was not at the heart of the conspiracy but intention to launder illicitly obtained money was.
Lord Justice Auld Mr Justice Grigson Mr Justice Roderick Evans
[2003] EWCA Crim 3712
England and Wales
Cited – Regina v Shivpuri HL 15-May-1986
The defendant had been accused of attempting to import controlled drugs, but the substances actually found were not in fact a controlled drug, though he had believed and intended them to be. He appealed saying that he should not be conviced of an . .
Cited – 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.
Updated: 08 June 2022; Ref: scu.189925
Neale and Burr were jointly charged with arson and manslaughter. N wanted to adduce evidence, either by cross-examining prosecution witnesses or leading evidence himself, that B had admitted that he had started fires himself on four other occasions.
Held: The evidence was irrelevant and therefore inadmissible. ‘The view that he took was that this was evidence of propensity or disposition only, and contained nothing which bore upon the defence which was that the applicant was elsewhere and did not therefore do it. We have come to the conclusion that the learned judge was right and that it really is, in the circumstances of this case, a non sequitur to deduce from the existence of a propensity in Burr to raise fires that Neale was not there or participating when this fire, which did the damage and caused the death, was raised. Mr Hillman really revealed or exposed the logical fallacy in his argument, when in the course of a succinct and extremely well developed submission he submitted that evidence of Burr’s propensity to commit wanton and unaided arson was needed in order to support the defence that the applicant Neale was not there at the time the fire was raised. In our judgment this is a non sequitur.’ and ‘There is a clear general principle, that, in general, evidence of propensity to commit a crime is not evidence that the man with that propensity committed the crime on the particular occasion, but of course in the present case the logical gap is greater. Hence the relevance of the evidence has to be borne in mind by reference to the defence, which was, ‘I was not there.”A judge has no discretionary power at the request of one accused to exclude relevant evidence tending to support the defence of another accused.’
Scarman LJ
[1977] 65 Cr App R 304
England and Wales
Cited – Regina v Randall HL 18-Dec-2003
Two defendants accused of murder each sought to place blame for the victim’s death on the other. One sought to rely upon the other’s record of violence as evidence of his co-accused’s propensity to violence.
Held: The record was admissible. By . .
Cited – Regina v Beedles CACD 31-Jul-1996
The defendant appealed against his conviction for sexual assault. The issue was whether a note written by the complainant to her teacher was admissible as evidence of recent complaint to corroborate her statement. Similar allegations had been made . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.189885
[2003] ScotHC 66
Scotland
Updated: 08 June 2022; Ref: scu.189860
[2002] ScotHC 333
Scotland
Updated: 08 June 2022; Ref: scu.189859
[2003] ScotHC 64
Scotland
Updated: 08 June 2022; Ref: scu.189861
Lord Kirkwood And Lord Maclean And Lord Justice General
[2003] ScotHC 65
Scotland
Updated: 08 June 2022; Ref: scu.189863
When there is more than one defendant in a case, the test of the relevance of an accused’s previous convictions before their admission into evidence, must be strictly applied ‘for if irrelevant and therefore inadmissible evidence is admitted, the other accused is likely to be seriously prejudiced, and grave injustice may result’.
(1978) 68 Cr App R 44
England and Wales
Cited – Regina v Thompson and others CACD 1995
The court considered the circumstances under which an accused could call in aid the convictions of a co-defendant:
Held: It was fundamental that it is not normally relevant to enquire into a defendant’s previous character or to ask questions . .
Cited – Regina v Randall HL 18-Dec-2003
Two defendants accused of murder each sought to place blame for the victim’s death on the other. One sought to rely upon the other’s record of violence as evidence of his co-accused’s propensity to violence.
Held: The record was admissible. By . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.189883
[2002] ScotHC 319
Scotland
Updated: 08 June 2022; Ref: scu.189858
[2003] ScotHC 63
Scotland
Updated: 08 June 2022; Ref: scu.189862
[2002] ScotHC 309
Scotland
Updated: 08 June 2022; Ref: scu.189852
[2002] ScotHC 306
Scotland
Updated: 08 June 2022; Ref: scu.189855
The appellant had been sentenced to life imprisonment for murder in 1993. He was an existing adult mandatory life prisoner for the purposes of Part I of the Schedule to the 2001 Act. In 2002 the High Court specified the punishment part of his sentence as 14 years. The appellant appealed against this order on the ground that the punishment part was excessive. He drew attention to the fact that he had been told that he was to be considered for release after 10 years under the pre-existing system, whereas the effect of the order was that the Parole Board would be unable to consider his release until he had served 14 years. He claimed a legitimate expectation that he would be released after 10 years and that the court should take into account the prejudicial effect of selecting a punishment part which conflicted with the expectation which had been entertained by the appellant prior to the coming into force of the 2001 Act.
Held: The argument failed. Lord Justice General (Cullen): ‘In considering this submission it is important to bear in mind that under para 13 of the Schedule to the 2001 Act, the question is what would have been specified as the punishment part if the new statutory provisions had been in force at the time when the accused was sentenced. It follows that matters which were not known at that time cannot properly be taken into account (cf Murray v HM Advocate, [2000 JC 102, 107]). Accordingly, in our view, the prior arrangements for considering whether the appellant should be released on licence should not be taken into account in the fixing of the punishment part. We can well appreciate that the latter may well cut across these arrangements. However, the need, if any, for the modification of the new statutory provisions on that account was a matter for the legislature.’
[2002] ScotHC 121, 2002 SLT 1307
Convention Rights (Compliance) (Scotland) Act 2001
Scotland
Applied – McCreaddie v Her Majesty’s Advocate HCJ 6-Sep-2002
. .
Cited – Flynn, Meek, Nicol and McMurray v Her Majesty’s Advocate PC 18-Mar-2004
PC (High Court of Justiciary) The applicants had each been convicted of murder, and complained that the transitional provisions for determining how long should be served under the life sentences infringed their . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.189841
[2002] ScotHC 315
Scotland
Updated: 08 June 2022; Ref: scu.189843
[2002] ScotHC 316
Scotland
Updated: 08 June 2022; Ref: scu.189854
[2002] ScotHC 126
Scotland
Updated: 08 June 2022; Ref: scu.189838
[2002] ScotHC 123
Scotland
Updated: 08 June 2022; Ref: scu.189840
[2002] ScotHC 120
Scotland
Updated: 08 June 2022; Ref: scu.189842
[2002] ScotHC 104
Scotland
Updated: 08 June 2022; Ref: scu.189833
[2002] ScotHC 320
Scotland
Updated: 08 June 2022; Ref: scu.189857
[2002] ScotHC 313
Scotland
Updated: 08 June 2022; Ref: scu.189847
[2002] ScotHC 307
Scotland
Updated: 08 June 2022; Ref: scu.189848
[2002] ScotHC 108
Scotland
Updated: 08 June 2022; Ref: scu.189834
Appeals against sentence for non-attendance at court and breach of supervised attendance orers.
Lord Cameron Of Lochbroom And Lord Justice Clerk And Lord Maclean
[2002] ScotHC 106
Scotland
Updated: 08 June 2022; Ref: scu.189830
[2002] ScotHC 318
Scotland
Updated: 08 June 2022; Ref: scu.189856
[2002] ScotHC 311
Scotland
Updated: 08 June 2022; Ref: scu.189846
[2002] ScotHC 107
Scotland
Updated: 08 June 2022; Ref: scu.189831
[2002] ScotHC 124
Scotland
Updated: 08 June 2022; Ref: scu.189837
[2002] ScotHC 127
Scotland
Updated: 08 June 2022; Ref: scu.189836
[2002] ScotHC 305
Scotland
Updated: 08 June 2022; Ref: scu.189844
[2002] ScotHC 66
Scotland
Updated: 08 June 2022; Ref: scu.189807
[2002] ScotHC 94
Scotland
Updated: 08 June 2022; Ref: scu.189824
[2002] ScotHC 71
Scotland
Updated: 08 June 2022; Ref: scu.189814
[2002] ScotHC 77
Scotland
Updated: 08 June 2022; Ref: scu.189811
[2002] ScotHC 73
Scotland
Updated: 08 June 2022; Ref: scu.189818
[2002] ScotHC 100
Scotland
Updated: 08 June 2022; Ref: scu.189829
[2002] ScotHC 79
Scotland
Updated: 08 June 2022; Ref: scu.189809
[2002] ScotHC 63
Scotland
Updated: 08 June 2022; Ref: scu.189802
[2002] ScotHC 60
Scotland
Updated: 08 June 2022; Ref: scu.189803
[2002] ScotHC 70
Scotland
Updated: 08 June 2022; Ref: scu.189815
[2002] ScotHC 61
Scotland
Updated: 08 June 2022; Ref: scu.189806
[2002] ScotHC 76
Scotland
Updated: 08 June 2022; Ref: scu.189810
[2002] ScotHC 91
Scotland
Updated: 08 June 2022; Ref: scu.189826
[2002] ScotHC 62
Scotland
Updated: 08 June 2022; Ref: scu.189805
[2002] ScotHC 96
Scotland
Updated: 08 June 2022; Ref: scu.189820
[2002] ScotHC 97
Scotland
Updated: 08 June 2022; Ref: scu.189821
[2002] ScotHC 90
Scotland
Updated: 08 June 2022; Ref: scu.189819
[2002] ScotHC 72
Scotland
Updated: 08 June 2022; Ref: scu.189812
[2002] ScotHC 30
Scotland
See Also – Megrahi v Her Majesty’s Advocate HCJ 14-Mar-2002
. .
See Also – Her Majesty’s Advocate v Abdelbaset Ali Mohmed Al Megrahi and Al Amin Khalifa Fhimah HCJ 8-Dec-1999
The court considered whether the criminal complaint that the defendants had been part of a conspiracy to set a bomb aboard an airliner which exploded over Scotland, was justiciable in Scotland. Lord Sutherland: ‘Where however, a crime of the utmost . .
See Also – Her Majesty’s Advocate v Abdelbaset Ali Mohmed Al Megrahi and Ali Amin Khalifa Fhimah, Prisoners In the Prison of Zeist, Camp Zeist (Kamp Van Zeist), the Netherlands HCJ 10-Oct-2000
. .
See Also – Her Majesty’s Advocate v Abdelbaset Ali Mohmed Al Megrahi and Al Amin Khalifa Fhimah HCJ 31-Jan-2001
. .
See Also – Abdelbaset Ali Mohmed Al Megrahi v Her Majesty’s Advocate HCJ 29-Jun-2001
. .
See Also – Abdelbaset Ali Mohmed Al Megrahi v Her Majesty’s Advocate HCJ 14-Mar-2002
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 14-Mar-2002
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 7-Mar-2008
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 15-Oct-2008
. .
See Also – Megrahi v Her Majesty’s Advocate HCJ 14-Nov-2008
. .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.189790
[2002] ScotHC 10
Scotland
Updated: 08 June 2022; Ref: scu.189776
[2002] Scot 11
Scotland
Updated: 08 June 2022; Ref: scu.189775
[2002] ScotHC 27
Scotland
Application for leave – Connor v Her Majesty’s Advocate HCJ 13-Mar-2002
. .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.189779
[2002] ScotHC 43
Scotland
Updated: 08 June 2022; Ref: scu.189797
[2002] ScotHC 65
Scotland
Updated: 08 June 2022; Ref: scu.189801
[2002] ScotHC 32
Scotland
Updated: 08 June 2022; Ref: scu.189787
[2002] ScotHC 2
Scotland
Updated: 08 June 2022; Ref: scu.189774
[2002] ScotHC 31
Scotland
Updated: 08 June 2022; Ref: scu.189786
[2002] ScotHC 52
Scotland
Updated: 08 June 2022; Ref: scu.189795
Points of law arising in relation to a charge of rape upon which, on trial in the High Court at Aberdeen he was acquitted
[2002] ScotHC 35, 2002 SLT 466, 2002 GWD 12-360, 2002 SCCR 435
Scotland
Updated: 08 June 2022; Ref: scu.189793
[2002] ScotHC 47
Scotland
Updated: 08 June 2022; Ref: scu.189796
[2002] ScotHC 50
Scotland
Updated: 08 June 2022; Ref: scu.189798
[2002] ScotHC 36
Scotland
Updated: 08 June 2022; Ref: scu.189792
[2002] ScotHC 29
Scotland
Updated: 08 June 2022; Ref: scu.189782