Category: Crime

Paton v Procurator Fiscal, Alloa; Paton v Ritchie: HCJ 24 Nov 1999

Judges:

Lord Justice General and Lord Dawson and Lord Sutherland

Citations:

[1999] ScotHC 246, 2000 SCCR 151, 2000 JC 271, 2000 SLT 239, 1999 GWD 39-1886

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Cadder v Her Majesty’s Advocate SC 26-Oct-2010
Statement without lawyer access was inadmissible
The accused complained that he had been convicted for assault and breach of the peace on the basis of a statement made by him during an interview with the police where, under the 1995 Act, he had been denied access to a lawyer.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 June 2022; Ref: scu.164541

Her Majesty’s Advocate v Montgomery and Coulter: HCJ 14 Sep 1999

Judges:

Lord Justice General and Lord Johnston and Lord Eassie

Citations:

[1999] ScotHC 219

Links:

Bailii, Bailii

Statutes:

Criminal Procedure (Scotland) Act 1995 74(1)

Jurisdiction:

Scotland

Cited by:

Appeal from – Montgomery and Coulter v Her Majesty’s Advocate PC 19-Oct-2000
The test of whether a defendant’s common law right to a fair trial had been damaged by pre-trial publicity was similar to the test under the Convention, and also where there was any plea of oppression. The substantial difference is that no balancing . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 June 2022; Ref: scu.164514

Regina v McCullough: CANI 16 Nov 1998

The defendant failed to appear at his trial. The judge urged the jury to ‘use their common sense’ in interpreting whether his non appearance indicated guilt. Even if there had been any unfairness in this, the judge’s own summing up later remedied that failure. He had been sentenced to thirteen years for manslaughter committed in a serious, drunken, assault. Even though comparisons in such cases were of limited value, it was out of line with general trends, and a sentence of ten years was substituted.

Judges:

Carswell LCJ

Citations:

[1998] NIECA 1, [1998] NICA 1, [1999] NI 39

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Crime, Criminal Sentencing, Northern Ireland

Updated: 04 June 2022; Ref: scu.162939

Scott v Mid-South Essex Justices and Keskin: Admn 25 Mar 2004

The private prosecutor appealed against the dismissal by the magistrates of his allegation that the defendant had unlawfully obstructed the highway. In essence the question was whether Mr Keskin should have been found to have a lawful excuse. He owned a burger and kebab trailer, parking it on the highway. The defndant had argued that no obstruction had been caused. The magistrates found that the roadway was quiet, that neither police nor local authority, despite visits, had objected, and that there was no substanttial obstruction.

Judges:

Kennedy LJ, Goldring J

Citations:

[2004] EWHC 1001 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Director of Public Prosecutions v Jones and Lloyd HL 4-Mar-1999
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge . .
Cited – Nagy v Weston QBD 1965
The defendant was prosecuted after selling hot dogs from a van parked on a busy street in Oxford. The court was asked when such would become an illegal obstruction.
Held: Such a use ‘could not . . be said to be incidental to the right to pass . .

Cited by:

Cited – City of London v Samede and Others QBD 18-Jan-2012
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 June 2022; Ref: scu.196779

Regina v Hodgson: CACD 4 Dec 2001

The appellant challenged convictions for supply and possession of Class A drugs. A person had been discovered leaving his house with a wrap of heroin, and further wraps were found in a remote control in his hand.
Held: The judge had fully explored for the jury the weaknesses in the case, and the defendant had failed to disclose the source of his income. Appeal refused.

Judges:

Lord Justice Potter Mrs Justice Rafferty

Citations:

[2001] EWCA Crim 2697

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 04 June 2022; Ref: scu.167051

Alamgir and Others, Regina v: CACD 4 Jul 2018

Appeals against conviction. Alamgir was convicted of three offences contrary to s.12(3) of the Terrorism Act 2000, encouraging support for a proscribed organisation. Bashir was convicted of one count, as was Khan. In addition, Khan was also convicted of an offence of arranging a meeting to support a proscribed organisation contrary to s.12(2).

Citations:

[2018] EWCA Crim 1553, [2018] WLR(D) 432

Links:

Bailii, WLRD

Statutes:

Terrorism Act 2000

Jurisdiction:

England and Wales

Citing:

See Also – Alamgir and Others, Regina v CACD 18-Jan-2018
The appellant Choudry appeals with the leave of the Single Judge against a sentence of 4 years’ imprisonment for an offence of encouraging support for a proscribed organisation contrary to s.12 of the Terrorism Act 2000. . .

Cited by:

See Also – Alamgir and Others, Regina v CACD 4-Jul-2018
The defendant appealed against conviction arranging a meeting to support a proscribed organisation contrary to section 12(2) of the Terrorism Act 2000 and encouraging support for a proscribed organisation, contrary to section 12(3) of the 2000 Act, . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 June 2022; Ref: scu.624139

Baustahlgewebe v Commission: ECJ 17 Dec 1998

(Judgment) The imposition of penalties following the breach of competition law is a criminal rather than civil procedure.

Judges:

Advocate General Leger

Citations:

C-185/95, [1998] EUECJ C-185/95P

Links:

Bailii

Cited by:

Cited – Office of Fair Trading v Not Named (D) ComC 14-May-2003
The Office sought a warrant to enter the respondent’s premises.
Held: The powers which allowed entry by force into the premises by the Office were granted in pursuace of a legitimate aim. The Office had vital responsibility for the maintenance . .
Lists of cited by and citing cases may be incomplete.

European, Commercial, Crime

Updated: 03 June 2022; Ref: scu.161610

Criminal proceedings against X: ECJ 12 Dec 1996

(Judgment) Criminal proceedings may not be brought in respect of conduct not clearly defined as culpable.

Citations:

C-74/95, [1996] ECR I-6609, [1996] EUECJ C-74/95

Links:

Bailii

Cited by:

Cited – Regina v Bristol Magistrates Court and others ex parte Junttan Oy HL 23-Oct-2003
The improper use of machinery had resulted in the death of an employee, and the applicant was prosecuted under the 1974 Act, but complained that the prosecution should have been under the Regulations. The directive required member states to apply . .
Lists of cited by and citing cases may be incomplete.

European, Crime

Updated: 03 June 2022; Ref: scu.161540

Criminal proceedings against Aubertin and others: ECJ 16 Feb 1995

ECJ Since the Treaty provisions on the freedom of movement for persons cannot be applied to activities which are confined in all respects within a single Member State, and Directive 82/489 laying down measures to facilitate the effective exercise of the right of establishment and freedom to provide services in hairdressing does not aim to harmonize the conditions laid down by national rules for access to the occupation of hairdresser and the pursuit of that occupation, Community law does not preclude national rules whereby a Member State requires its own nationals who have received their training in that State to hold a diploma in order to operate a hairdressing salon, while permitting hairdressers who are nationals of other Member States to operate a hairdressing salon without holding such a diploma and without being obliged to entrust its operation to a manager holding that diploma providing they satisfy certain conditions as to the prior pursuit of that occupation.

Judges:

PJG Kapteyn, P

Citations:

C-29/94, [1995] EUECJ C-29/94

Links:

Bailii

Statutes:

Directive 82/489

European, Crime

Updated: 03 June 2022; Ref: scu.161280

Ramawat Dosoruth v The State of Mauritius The Director of Public Prosecutions: PC 21 Oct 2004

PC (Mauritius) The defendant challenged his conviction for having taken a bribe saying there had been an injustice, and seeking protection directly under the constitution. The evidence against him was that a transaction had been carried out at a bank on a certain day. Only after the trial was it realised that that day was a Saturday, and that it could not have happened. He had not been allowed to raise this point on appeal.
Held: The court had been correct to take judicial note of a bank not being open on a Saturday afteroon. Whilst the court might be more ready to apply a broader test for admission of new evidence on an appeal, not all such evidence should be admitted. The powers of the appellate court in Mauritius were not limited to the provision of a re-hearing, but could include other actions as provided by the constitution. The petition was dismissed.

Judges:

Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Brown of Eaton-under-Heywood, Sir Andrew Leggatt

Citations:

[2004] UKPC 51

Links:

Bailii, PC

Jurisdiction:

Commonwealth

Citing:

Cited – Regina v Stafford CACD 1968
The court considered the admission of evidence which had become available only after the trial.
Held: ‘public mischief would ensue and legal process could become indefinitely prolonged were it the case that evidence produced at any time would . .
Cited – Mills v HM Advocate and Another PC 22-Jul-2002
(The High Court of Justiciary) The defendant appealed on the basis that the delay in the sentencing process had resulted in an infringement of his human rights.
Held: The appeal itself had been without merit. The delay had been to such an . .
Cited – Regina v Beresford CACD 1971
When asked whether the appellate courts in England and Wales should entertain additional evidence under the section, which required the court to be satisfied that there was a reasonable explanation for the failure to adduce it: ‘The court has in . .
Cited – Darmalingum v The State PC 10-Jul-2000
(Mauritius) The constitutional right of a defendant to have his case tried within a reasonable time applied not just to the initial trial but also to any appeal arising from that trial. Where there had been inordinate and inexcusable delay between . .
Cited – Church v H M Advocate HCJ 1995
The court should in general take a broad, rather than a narrow, approach to the admission of new evidence on appeal. . .
Lists of cited by and citing cases may be incomplete.

Crime, Constitutional

Updated: 02 June 2022; Ref: scu.218715

Commissioners of Inland Revenue v The Crown Court at Kingston, Robin Wayne John Interested Party: QBD 24 Jul 2001

The Crown Court dismissed charges again the interested party alleging conspiracy to defraud the claimants. Tax-saving crosses the border from lawful to criminal when it involves the deliberate and dishonest making of false statements to the Revenue. The Revenue contended that he had created documents to do that precise thing. Companies with cash assets but liability for Corporation tax were purchased. They were lent substantial sums for the purposes of investment, and the interest charges had the effect of allowing reclaims of Corporation tax. They were then to move offshore. The Inland Revenue contended that the loan arrangements were a sham, and that documents had been falsely dated. The defendant was a tax adviser to the scheme.
Held: None of the documentary evidence constituted an admission by the Defendant, nor informed him of any fraudulent activity. It could not be said that the judge’s decision was perverse.

Judges:

Lord Justice Kennedy, Mr Justice Stanley Burton

Citations:

[2001] EWHC Admin 581, [2001] 4 All ER 721

Links:

Bailii

Statutes:

Criminal Justice Act 1987

Jurisdiction:

England and Wales

Corporation Tax, Taxes Management, Crime

Updated: 01 June 2022; Ref: scu.159918

George Moore v The State: PC 29 Jan 2001

(Trinidad and Tobago) The defendant appealed a conviction for murder. It was said the judge misdirected the jury on the defence of insanity, drawing a false distinction between medical and legal insanity. Though attempts had been made to cure the defect, it remained substantial and confusing. The judge also misdirected the jury as to the standard of diminished responsibility. Appeal allowed, and a conviction for manslaughter was substituted.

Judges:

Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Clyde, Lord Scott of Foscote, Sir Murray Stuart Smith

Citations:

[2001] UKPC 4

Links:

Bailii, PC, PC

Citing:

Cited – McNaughten’s Case 1843
. .
Cited – Regina v Antoine HL 30-Mar-2000
The appellant sought to argue that despite having been found unfit to plead under the 1964 Act, it was still open to him to argue that the defence under section 2 of the 1957 Act applied, and that he was entitled to be plead diminished . .
Lists of cited by and citing cases may be incomplete.

Crime, Commonwealth

Updated: 01 June 2022; Ref: scu.159444

Smalling v Regina: PC 20 Mar 2001

PC Jamaica – appeal against conviction for murder – voluntariness and reliability of confession

Judges:

Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Hutton, Lord Millett, Sir Patrick Russell

Citations:

[2001] UKPC 12, (Appeal No 45 of 2000), [2001] 4 LRC 307

Links:

Bailii, PC, PC, PC

Commonwealth, Crime

Updated: 01 June 2022; Ref: scu.159452

Michael Yearwood v The Queen: PC 26 Jun 2001

PC (Grenada) The defendant appealed against his conviction for murder. He claimed a misdirection on provocation.
Held: The judge’s direction had been over elaborate, and gave too much weight to the old law. The appeal was to be allowed.

Judges:

Lord Slynn of Hadley, Lord Steyn, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton

Citations:

[2001] UKPC 31, [2001] 5 LRC 247

Links:

Bailii, PC

Citing:

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 – 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 – Stirland v Director of Public Prosecutions HL 1944
The House considered what was the appropriate test for allowing a conviction to stand despite the finding of an irregularity in the trial.
Held: The House must be satisfied that there was ‘a situation a reasonable jury, after being properly . .
Cited – Bull v the Queen PC 23-Mar-1998
(Belize) Judges in Belize should sum up the defence of provocation in a murder case in the terms of section 118, ignoring the ballast of the old law. . .
Cited – Vasquez v The Queen; O’Neil v The Queen PC 26-Oct-1994
(Belize) The burden of proof on provocation in a murder case remained with the prosecution despite the constitution. The Belize Criminal Code imposed no more than an evidential burden on the accused: ‘In their Lordships’ view section 116(a) of the . .
Cited – Culmer v The Queen PC 29-Jul-1997
(Bahamas) Section 325 prevailed as the leading provision in the Code relating to the defence of provocation in The Bahamas. . .

Cited by:

Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Lists of cited by and citing cases may be incomplete.

Crime, Commonwealth

Updated: 01 June 2022; Ref: scu.159471

Teiko David Jamel Furbert and Sheldon Eugenio Franks v The Queen: PC 23 Mar 2000

PC (Bermuda) The appellants challenged their conviction for murder. Evidence had been admitted of informal and unadmitted conversations with police officers after charge, with the officers notebooks put before the jury.
Held: The judge had dealt with the matter correctly. The breach of the Judges’ Rules does not automatically render an oral statement made by the accused inadmissible. The judge was correct to make the notes an exhibit since defence counsel suggested it. Whether a statement constitutes an admission is a question for the jury. The defendants argued that the judge had misdirected as to the mental element in the crime of murder. The judge had correctly described the provisions of the applicable criminal code.

Judges:

Lord Steyn, Lord Hope of Craighead, Lord Clyde, Lord Hutton, Lord Millett

Citations:

[2000] UKPC 12, Appeal No 61 of 1998

Links:

Bailii, PC, PC

Citing:

Cited – Rex v Ball HL 1911
Evidence of sexual acts or advances other than those which are the subject of the charge is frequently adduced to show the true nature of the relationship between the parties, a practice which may be regarded as an acceptable and inevitable form of . .
Cited – Regina v Giannetto CACD 19-Jul-1996
A murder conviction was correct on a joint charge where the defendant was found to have encouraged and arranged it. The jury do not have to be sure which defendant in fact killed provided they are sure that both were there pursuant to a joint . .
Cited – Robinson v Canadian Pacific Railway Co PC 23-Jul-1892
When construing a statutory povision, it may be justifiable to turn back to the common law where it contains provisions of doubtful import, or uses language which had previously acquired a technical meaning, or on some other special ground. . .
Cited – Chan Wing-Siu v The Queen PC 21-Jun-1984
The appellant and co-accused were charged with murder. They said they had gone to meet the deceased to collect a debt, but had been attacked with a knife by the deceased. Two of the three had knives and knew of the other knife.
Held: All were . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 01 June 2022; Ref: scu.159399

Bull v the Queen: PC 23 Mar 1998

(Belize) Judges in Belize should sum up the defence of provocation in a murder case in the terms of section 118, ignoring the ballast of the old law.

Judges:

Lord Steyn

Citations:

[1998] 1 WLR 1523, [1998] UKPC 20

Links:

Bailii

Statutes:

Criminal Code of Belize 118

Cited by:

Cited – Michael Yearwood v The Queen PC 26-Jun-2001
PC (Grenada) The defendant appealed against his conviction for murder. He claimed a misdirection on provocation.
Held: The judge’s direction had been over elaborate, and gave too much weight to the old law. . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 01 June 2022; Ref: scu.159297

Alleyne-Forte v The Attorney General of Trinidad and Tobago and others: PC 20 Oct 1997

(Trinidad and Tobago) The appellant had parked his car away from the kerb, and it had been towed away under the regulations. He challenged the validity of the regulations, which charged a high fee for storage and restoration, claiming that this dedprived him of his right to a fair hearing.
Held: The removal of a car parked illegally, and the temporary loss of use of the car, cannot be regarded as a constitutional infringement. Nor can the obligation to pay a reasonable, statutorily-prescribed sum by way of removal and custody charges. The board complained that such a matter might be allowed to get this far.

Judges:

Lord Nicholls of Birkenhead, Lord Steyn, Lord Hope of Craighead, Lord Clyde, Lord Hutton

Citations:

[1997] UKPC 49

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Harrikissoon v Attorney-General of Trinidad and Tobago PC 1980
(Trinidad and Tobago) The appellant teacher alleged that he had been transferred from one school to another without proper notice and as punishment. The appellant instead of following a laid out procedure which would have eventually led to a . .
Cited – Frater v The Queen (Note) PC 1981
(Trinidad and Tobago) Similar vigilance should be observed as has been requested in Harrikissoon to see that claims made by appellants to be entitled to appeal as of right under section 110(1)(c) are not granted unless they do involve a genuinely . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Crime

Updated: 01 June 2022; Ref: scu.159261

Culmer v The Queen: PC 29 Jul 1997

(Bahamas) Section 325 prevailed as the leading provision in the Code relating to the defence of provocation in The Bahamas.

Citations:

[1997] UKPC 43, [1997] 1 WLR 1296

Links:

Bailii

Statutes:

Penal Code of The Bahamas 1987 325

Cited by:

Cited – Michael Yearwood v The Queen PC 26-Jun-2001
PC (Grenada) The defendant appealed against his conviction for murder. He claimed a misdirection on provocation.
Held: The judge’s direction had been over elaborate, and gave too much weight to the old law. . .
Cited – Williams v The Queen PC 23-Nov-1998
(Saint Vincent and the Grenadines) The defendant was convicted of having killed his wife. He had killed his children but faced no charge on that issue. He complained of the admission of evidence showing that he had killed the children. In his . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 01 June 2022; Ref: scu.159254

Moses v The State: PC 29 Jul 1996

(Trinidad and Tobago) The appellant had been convicted under the felony murder rule, where if a victim dies in the course of the defendant committing a felony, the defendant is guilty of murder.
Held: The distinction between felony and murder had been abolished in 1979, but no provision was made for the felon/murder rule. The abolition had not simply followed the English model, and express provision had been made applying the law of misdemeanours instead of the law of felony. The felony/murder rule must have fallen with the new law. The was insufficient evidence to sustain the conviction without that rule.

Judges:

Lord Mustill, Lord Slynn of Hadley, Lord Steyn, Lord Hoffmann, Sir Ralph Gibson

Citations:

[1996] UKPC 29, [1997] AC 53

Links:

Bailii

Citing:

Cited – Regina v Vickers CCA 1957
The appellant, having broken into a dwelling-house to commit burglary, came upon the occupier whom he struck in a way which according to the medical evidence could have been inflicted with a moderate degree of violence. The victim died as a result. . .
Cited – Director of Public Prosecutions v Beard HL 1920
The accused raped a girl aged thirteen whilst he was drunk. He placed his hand over her mouth to stop her screaming, but without any intention of injuring her. He caused her death by suffocation, and was convicted of murder. It was argued on his . .
Cited – Rex v Betts and Ridley 1931
Betts and Ridley agreed to rob a man on thw way to the bank. Betts was to push him to the ground and snatch the bag, while Ridley waited nearby in a car. When snatching the bag, Betts struck the victim who later died. Betts and Ridley were both . .
Cited – Rex v Jarmain CCA 1946
The defendant, in robbing him, pointed his cocked pistol at the cashier. He claimed that he was thinking what to do but had no intention of pressing the trigger, but the gun went off and killed her.
Held: Pointing a loaded pistol at a person . .
Cited – Gransaul and Ferreira v The Queen PC 9-Apr-1979
(Trinidad and Tobago) The two appellants had been said to have been engaged in a common enterprise to rob a van. The first appellant pointed a pistol at the driver and, according to his account, it went off by accident.
Held: The appeals were . .
Cited – Regina v Perman CACD 1996
The court described restrictions on the acceptability of verdicts of manslaughter in substitution where murder had been charged. . .

Cited by:

Cited – Haroon Khan v The State PC 20-Nov-2003
PC (Trinidad and Tobago) The appellant had been convicted of felony murder. He was one of four engaged in a robbery, where the victim received fatal injuries.
Held: The felony murder rule had been . .
Cited – Foster and Another v The Queen PC 23-Jan-2007
(Barbados) The appellants had been convicted under the felony murder rule, before its abolition in Barbados in 1994. . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 01 June 2022; Ref: scu.159187

I v Director of Public Prosecutions etc: HL 8 Mar 2001

A group of youths carried petrol bombs in public, anticipating a confrontation with another group. They did not brandish them or actually threaten anybody. On dispersal by the police the bombs were dropped. On being charged with affray it was held that the carrying of such equipment in public even without overt threats or acts of violence could constitute affray according to the particular circumstances, but that the offence should not be put without evidence that some one or more people actually present were or felt so threatened. Their lordships were entitled to look to the Law Commission report which had led to the Act.

Judges:

Lord Bingham of Cornhill Lord Clyde Lord Hutton, Lord Hobhouse of Wood-borough, Lord Scott of Foscote

Citations:

Times 09-Mar-2001, Gazette 17-May-2001, [2001] 2 All ER 583, [2001] 2 WLR 765, [2001] UKHL 10, (2001) 165 JPN 506, [2001] 2 Cr App R 14, (2001) 165 JP 437, [2002] 1 AC 285

Links:

House of Lords, House of Lords, Bailii

Statutes:

Public Order Act 1986 3(1)

Jurisdiction:

England and Wales

Citing:

Applied – Swanston v Director of Public Prosecutions Admn 3-Dec-1996
There was no necessary requirement for evidence from a victim perceiving the use insulting words or behaviour so as to actually feel threatened. . .
Cited – Regina v Sharp; Regina v Johnson CCA 1957
There had been a fight between the two defendants in a public place in the presence of a large number of spectators. They were jointly indicted on a charge of affray and convicted. They appealed.
Held: The court considered the offence of . .
Cited – Regina v Sanchez CACD 6-Mar-1996
The defendant had been convicted of an affray when she had lunged at her boyfriend with a knife in a car park.
Held: The appeal succeeded. A ‘person of reasonable firmness’ who must be concerned for an affray offence to be committed, must be a . .
Cited – Regina v Dixon CACD 1993
The defendant was convicted of affray where he and his Alsatian type dog were pursued by two police officers and cornered in the driveway of a house and he repeated ‘go on, go on’ to the dog who ran forward and bit the police officers.
Held: . .
Cited – Regina v Taylor HL 1973
The House considered the amount of violence or force required to be used to establish the offence of affray: ‘the extent to which the ‘display of force . . without actual violence’ constitutes the offence of affray even where the element of terror . .
Cited – Regina v Robinson CACD 1993
The defendant appealed against his conviction for affray. With a co-accused he had asked a motorist in an aggressive manner to drive them to a particular destination and threatened to take the car if he did not do so. Under s3(3) a threat on a . .
Cited – Regina v Davison CACD 1992
The defendant’s conviction of affray where he had ‘swiped’ a kitchen knife towards a police officer was upheld. . .
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 – Atkin v Director of Public Prosecutions CACD 1989
‘The phrase ‘uses towards another person’ means, in the context of section 4(1)(a) ‘uses in the presence of and in the direction of another person directly.” . .
Cited – Regina v Smith CACD 1997
The court described the offence of affray: ‘It typically involves a group of people who may well be shouting, struggling, threatening, waving weapons, throwing objects, exchanging and threatening blows and so on.’ . .
Cited – M/S Aswan Engineering Establishment Co v Lupdine Ltd 1987
A proprietary liquid waterproofing compound called Lupguard was stacked in plastic pails in Kuwait in full sunshine. The pails collapsed and the Lupguard was lost.
Held: The manufacturers of the pails were not liable in tort: ‘The distinction . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 31 May 2022; Ref: scu.159113

Regina v Antoine: HL 30 Mar 2000

The appellant sought to argue that despite having been found unfit to plead under the 1964 Act, it was still open to him to argue that the defence under section 2 of the 1957 Act applied, and that he was entitled to be plead diminished responsibility. The judge had followed Egan in saying that the issue of diminished responsibility could not be raised at a hearing of fitness to plead.
Held: The two hearings were distinct. The defence of diminished responsibility could be heard only when the defendant faced a trial for murder. The 1964 procedure decided whether he should face that procedure. The defence of provocation to a charge of murder is only relevant when the jury are satisfied that the defendant had the requisite mens rea for murder.

Judges:

Lord Nicholls Of Birkenhead Lord Mackay Of Clashfern Lord Nolan Lord Hope Of Craighead Lord Hutton

Citations:

[2000] 2 Cr App R 94, [2000] UKHL 20, [2000] 2 WLR 703

Links:

House of Lords, Bailii

Statutes:

Homicide Act 1957 2, Criminal Procedure (Insanity) Act 1964 4A(2)

Jurisdiction:

England and Wales

Citing:

Doubted – Regina v Egan CACD 29-Jan-1999
. .
Cited – Attorney-General’s Reference No 3 of 1998 CACD 25-Mar-1999
Where a defendant had been insane at the time of a burglary but was fit at the time of trial a court examining his actions under the Act was required to look only to the actions and need not enquire as to the presence of any mental element. . .
Cited – Felstead v The King 1914
. .
Cited – Regina v Sullivan HL 1984
The burden of establishing insanity in a criminal trial is on the defence on the balance of probabilities.
Lord Diplock said: ‘I agree with what was said by Devlin J. in Reg. v. Kemp (1957) 1 QB 399, 407, that ‘mind’ in the M’Naghten Rules is . .
Cited – McNaughten’s Case 1843
. .
Appeal from – Regina v Antoine CACD 29-Apr-1999
Where, on a charge of murder, a defendant asserted his unfitness to plead, it was not possible at the hearing into that suggestion and at the same time, to attempt to decide on a plea of diminished responsibility. If there were other factual . .

Cited by:

Applied – Regina v Heather Grant CACD 22-Nov-2001
The defendant was accused of murder. She had been found to be under a disability under the Act, but wanted to put forward a defence of provocation. Under Antoine, it was clear that matters of mens rea under the Act were not for the jury. The . .
Cited – George Moore v The State PC 29-Jan-2001
(Trinidad and Tobago) The defendant appealed a conviction for murder. It was said the judge misdirected the jury on the defence of insanity, drawing a false distinction between medical and legal insanity. Though attempts had been made to cure the . .
Cited – Regina v H (On appeal from the Court of Appeal (Criminal Division)) HL 30-Jan-2003
The defendant had been found unfit to stand trial, at a later hearing under the section, the jury had found that he had committed the act complained of. He was discharged but ordered to be placed on the sex offenders register. He appealed on the . .
Cited – Regina v KJ Martin CACD 20-Feb-2003
The defendant had been found unfit to plead on a charge of murder. Charges against the co-defendants were later reduced to inflicting grievous bodily harm, but when the defendant came to be dealt with, it was on the basis that the charge remained . .
Cited – Regina v Moore CACD 12-May-2003
The applicant had been convicted of contempt of court, but succeeded on appeal. Costs had been ordered in his favour, but the matter had been referred back to the court to consider the extent of its powers on such an occasion.
Held: The making . .
Cited – Norman, Regina v CACD 31-Jul-2008
The defendant suffered a degenerative disease affecting his mental capacity, and at trial the issue of his fitness to plead arose.
Held: Where the issue of unfitness arose it was necessary for the court to exercise very careful case management . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 31 May 2022; Ref: scu.159053

Regina v Burt and Adams Ltd: HL 2 Apr 1998

Prizes from gaming machines which were limited to prizes of six pounds per game could be lawfully accumulated by gamers under management rules for larger prizes

Judges:

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

Citations:

Gazette 07-May-1998, Times 03-Apr-1998, [1998] UKHL 14, [1999] AC 247, [1998] 2 All ER 417, [1998] 2 WLR 725

Links:

House of Lords, Bailii

Statutes:

Gaming Act 1968 34

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Burt and Adams Ltd CACD 22-Nov-1995
A right to exchange gaming token was no offence, and nor was allowing the accumulation of prizes. . .

Cited by:

Appealed to – Regina v Burt and Adams Ltd CACD 22-Nov-1995
A right to exchange gaming token was no offence, and nor was allowing the accumulation of prizes. . .
Lists of cited by and citing cases may be incomplete.

Licensing, Crime

Updated: 31 May 2022; Ref: scu.158945

Regina v Mohammed Ali Jamil: CACD 17 Jul 2001

The appeal was made by the widow of the appellant, on the basis that his conviction had been obtained on the basis of non-disclosure of relevant evidence by the police. The test was ‘would the only reasonable and proper verdict been one of guilty’ even if the disclosure had been made? It was. Evidence of subsequent disciplinary proceedings against some of the officers would not have made any effective difference. ‘We turn to the disciplinary finding. The officer was found guilty in December 1997 on a charge relating to a search carried out by him in 1997, that is years after the events with which this case is concerned. The evidence against him was that he had, in effect, misappropriated two or three ‘skunk cannabis heads’ said by him to be required for training purposes. He was required to resign. [Prosecuting counsel] makes the point that all times DC Robotham was accompanied by others including, when he returned, a civilian photographer and that tamper proof exhibit bags were used by the police. Having had the advantage of a thorough analysis of the case we take the view that this finding does not undermine the safety of the conviction.’

Judges:

Judge LJ

Citations:

[2001] EWCA Crim 1687

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Francom; Regina v Latif (Clare); Regina v Latif (Melna); Regina v Bevis; Regina v Harker CACD 24-Oct-2000
The judge failed to give a direction in accordance with recommendations from the Judicial Studies Board and counsel in the case as to the need for the jury not to draw inferences from the defendants’ failure to mention certain facts on interview. . .

Cited by:

Cited – Deans, Regina v CACD 30-Jul-2004
In 1989 the defendant was convicted of assorted serious drugs crimes. His case came before the court once more but on the basis that the evidence against him had been fabricated by police officers who had subsequently been discredited.
Held: . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 31 May 2022; Ref: scu.158779

Regina v Francois Pierre Marcellin Thoron: CACD 30 Jul 2001

The appellant had been convicted that as a haulage contractor he had conspired with his drivers to cause them to drive beyond the permitted hours, and in other ways contrary to their safety. He argued it was a misuse of the Act to ally it with the more severe Transport Act regime. That appeal was rejected, since the Act clearly envisaged such prosecutions and use outside the workplace. Objections had also been taken to two jurors. Both were rejected, and the case had been heard before the Human Rights Act had come into effect.

Citations:

[2001] EWCA Crim 1797

Links:

Bailii

Statutes:

Health and Safety at Work Act 1974 2(1), Transport Act 1968

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
Lists of cited by and citing cases may be incomplete.

Crime, Health and Safety

Updated: 31 May 2022; Ref: scu.158783

Regina v Langley: CACD 21 Mar 2001

Citations:

[2001] EWCA Crim 732

Links:

Bailii

Cited by:

Cited – Regina v Denton CACD 15-Feb-2002
The appellant was an illegal immigrant from Jamaica. He had been acting as a police informer. He came to be convicted of murder. He complained that his lawyers had not been told of his role, and the information he had supplied to the police about a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 31 May 2022; Ref: scu.158755

Regina v Sissen: CACD 8 Dec 2000

The fact that some parrots, the breed of which was subject to import controls as endangered species, had been imported into Austria first, did not prevent a defendant in England committing the offence of being involved in their importation by eventually receiving them in England. The offence was a continuing one. Council regulations had direct effect in member states without the need for enacting legislation. The English Act referred to such regulations directly.

Citations:

Times 09-Jan-2001, Gazette 01-Feb-2001, [2000] EWCA Crim 67

Links:

Bailii

Statutes:

Council Regulation (EEC) No 3626/82 (OJ), Customs and Excise Management Act 1979 170(2)(b)

Jurisdiction:

England and Wales

Citing:

Cited – Sissen, Regina (on the Application of) v Newcastle Upon Tyne Crown Court and Another Admn 9-Jul-2004
. .

Cited by:

See Also – Sissen, Regina (on the Application of) v Newcastle Upon Tyne Crown Court and Another Admn 9-Jul-2004
. .
Lists of cited by and citing cases may be incomplete.

European, Animals, Crime

Updated: 31 May 2022; Ref: scu.158717

Regina v Benjafield, Leal, Rezvi and Milford: CACD 21 Dec 2000

Lord Woolf MR said that where the original proceedings are brought by a public authority, an appeal is part of those proceedings to which section 22(4) applies: ‘In our judgment, where the original proceedings are brought by, or at the instigation of, a public authority, as is the case with a prosecution, an appeal by the defendant is part of the proceedings to which section 22(4) applies. There cannot be a different position on an appeal from that of the trial so far as the issue of retrospectivity of the Human Rights Act 1998 is concerned. Any other construction would mean that in criminal cases the Court of Appeal could not give the required protection to the individual (who would clearly be a victim of any unlawful act) so that there would be a need for an otherwise unnecessary but time-consuming and expensive trip to Strasbourg. In addition, otherwise section 7(1)(b) will apply where the appeal is by a public authority, but not when the appeal is made by the defendant.’

Judges:

Lord Woolf MR, Judge LJ, Collins J

Citations:

[2000] EWCA Crim 86

Links:

Bailii

Statutes:

European Convention on Human Rights, Criminal Justice Act 1988, Drug Trafficking Act 1994

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v Benjafield, Regina v Leal, Regina v Rezvi, Regina v Milford HL 24-Jan-2002
Statutory provisions which reversed the burden of proof in cases involving drug smuggling and other repeat offenders, allowing confiscation orders to be made were not necessarily in contravention of the article 6 right. However the question of . .
Cited – Regina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
Lists of cited by and citing cases may be incomplete.

Crime, Natural Justice, Human Rights

Updated: 31 May 2022; Ref: scu.158736