Category: Crime

Regina v Morgan: CACD 28 Feb 2001

The defendant appealed against his conviction for serious sexual assaults, saying that the court had wrongly allowed an inference to be drawn from his failure to answer questions during interview. He had at first refused to respond and said that his legal advice had been not to do so being affected by drink. He had given an answer some hours later.

Judges:

Waller LJ, Connell, Forbes JJ

Citations:

[2001] EWCA Crim 445

Links:

Bailii

Statutes:

Criminal Justice and Public Order Act 1994 34

Crime

Updated: 31 May 2022; Ref: scu.158749

Regina v Williams: CACD 24 Nov 2000

The defendant appealed against his convictions saying that the judge had wrongly refused to vacate when requested his pleas of guilty.

Judges:

Henry LJ, Poole J, Sirrian Smedley

Citations:

[2000] EWCA Crim 62

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 31 May 2022; Ref: scu.158712

Regina v Shahid, Miah, Uddin: CACD 12 May 1998

Citations:

[1998] EWCA Crim 1544, [1999] 1 Cr App R 319

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Sonni Lee Reid and Others CACD 31-Jul-2001
The six defendants had been convicted of murder. They had been involved in a mugging where both victims had been assaulted, and thrown from a bridge into the river. Only one survived. They applied a second time for leave to appeal against . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 31 May 2022; Ref: scu.154418

Regina v Blake: CACD 31 Jul 1996

The offence of establishing a radio station without a licence is an absolute offence; no knowledge or mens rea was needed. The presumption that mens rea was required could be rebutted where the offence concerned an issue of public safety.

Citations:

Times 14-Aug-1996, [1996] EWCA Crim 729, [1997] 1 Cr App R 209, [1997] 1 WLR 1167

Links:

Bailii

Statutes:

Wireless Telegraphy Act 1949 1(1)

Jurisdiction:

England and Wales

Citing:

Cited – Gammon v The Attorney-General of Hong Kong PC 1984
(Hong kong) The court considered the need at common law to show mens rea. A Hong Kong Building Ordinance created offences of strict liability in pursuit of public safety which strict liability was calculated to promote.
Held: Lord Scarman . .
Cited – Rudd v Secretary of State for Trade and Industry 1985
The court considered the word ‘used’ in the context of a TV Licensing prosecution.
Held: The word ‘use’ is to be interpreted in its natural and ordinary meaning. . .
Lists of cited by and citing cases may be incomplete.

Crime, Licensing

Updated: 31 May 2022; Ref: scu.148393

Regina v Chapman: CACD 22 Jul 1999

A discretionary life sentence intended to protect the public could now only be imposed after establishing compliance with the Act in that the sentence was so serious as to deserve a very long sentence, and for an unforeseeable time into the future, he would remain a serious danger to the public.
Lord Bingham CJ said: ‘In most of those cases there was no express departure from the criteria laid down in R v Hodgson, and certainly no doubt has to our knowledge ever been cast on the authority of that decision, which was very recently re-affirmed in Attorney General’s Reference No 32 of 1996 (R v Whittaker). In Attorney General’s Reference No 34 of 1992 (R v Oxford) (1993) 15 Cr App R(S) 167, R v Hodgson was indeed specifically relied on as laying down principles which were described as ‘not in dispute’. It is in our judgment plain, as the court has on occasion acknowledged, that there is an interrelationship between the gravity of the offence before the court, the likelihood of further offending, and the gravity of further offending should such occur. The more likely it is that an offender will offend again, and the more grave such offending is likely to be if it does occur, the less emphasis the court may lay on the gravity of the original offence. There is, however, in our judgment no ground for doubting the indispensability of the first condition laid down for imposition of an indeterminate life sentence in R v Hodgson, re-affirmed, as we say, in the more recent Attorney General’s Reference No 32 of 1996 (R v Whittaker). It moreover seems to this court to be wrong in principle to water down that condition since a sentence of life imprisonment is now the most severe sentence that the court can impose, and it is not in our judgment one which should ever be imposed unless the circumstances are such as to call for a severe sentence based on the offence which the offender has committed. We accordingly find ourselves in sympathy with all the submissions made by Mr Fitzgerald, which are as we conclude soundly based in law.’

Judges:

Lord Bingham of Cornhill LCJ, Alliott, Steel JJ

Citations:

Times 02-Aug-1999, [1999] EWCA Crim 2056, [2000] 1 Cr App R 77, [2000] 1 Cr App R (S) 377, [1999] Crim LR 852

Links:

Bailii

Statutes:

Criminal Justice Act 1991 2(2)(b)

Jurisdiction:

England and Wales

Citing:

Approved – Attorney-General’s Reference No 32 of 1996, Regina v Whittaker CACD 1997
The Court described the circumstances under which a life sentence of imprisonment can be imposed: ‘It appears to this Court that the conditions may be put under two heads. The first is that the offender should have been convicted of a very serious . .

Cited by:

Cited – Giles, Regina (on the Application of) v Parole Board and Another HL 31-Jul-2003
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. . .
Cited – Sturnham, Regina (on The Application of) v The Parole Board of England and Wales and Another (No 2) SC 3-Jul-2013
From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection (‘IPP’). The Court addressed the practical and legal issues resulting from the new system.
Held: The decision . .
Cited – Haney and Others, Regina (on The Application of) v The Secretary of State for Justice SC 10-Dec-2014
The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Crime

Updated: 31 May 2022; Ref: scu.158456

Regina v Woollin: CACD 4 Sep 1998

The defendant appealed against his conviction for murder. He had fractured the skull of his infant son by throwing him against a hard surface. He denied that he had intended to cause him serious injury.

Judges:

Potter LJ, Smith and Mitchell JJ

Citations:

[1998] EWCA Crim 2608

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 31 May 2022; Ref: scu.155482

Regina v Williamson: CACD 15 Jul 1997

The appellants had been convicted of robbery. They said that the judge had failed to give a full Turnbull direction on the dangers of identification evidence. The only note of the judge’s direction however contradicted this.
Held: The conviction and sentence stood.

Citations:

[1997] EWCA Crim 1840

Jurisdiction:

England and Wales

Crime, Criminal Sentencing

Updated: 31 May 2022; Ref: scu.151295

Regina v Roberts and George: CACD 31 Jul 1996

The defendants, a lorry driver and his employer, appealed against convictions for causing death by dangerous driving, and procuring the same. A wheel came loose from the wagon on the motorway, and collided with another vehicle, killing the driver. It was not suggested that the driver’s actual driving fell below a proper standard.
Held: Causing death by dangerous driving is an offence of strict liability. It was alleged that the lorry had not been maintained properly. The section required any defect to be obvious, in the sense that it would be ‘seen or realised at first glance, evident to him’ Knowledge includes what ought to be known, so that wilful blindness cannot excuse, but negligence was not enough. The judge had used that word in his summing up and direction. The convictions were quashed.

Judges:

Lord Justice Roch, Mr Justice Collins, And His Honour Judge Myerson

Citations:

[1996] EWCA Crim 725

Links:

Bailii

Statutes:

Road Traffic Act 1988 12A

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Strong 1995
‘obvious to a careful and competent driver’ refers to a dangerous state which would be ‘seen or realised at first glance’ . .

Cited by:

Cited – Regina v Naviede CACD 21-Mar-1997
The defendant appealed from his conviction for dishonesty. He said that he should have allowed hi to represent himself as to certain aspect of his case, but to have legal representation for others.
Held: The judge was right to reject such a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 31 May 2022; Ref: scu.148389

Regina – v- Criminal Injuries Compensation Appeals Panel, ex parte August; Similar: CA 18 Dec 2000

For the purposes of the Criminal Injuries Compensation Scheme, a juvenile but willing participant in an act of buggery, is not deemed to be a victim of a crime of violence. The purpose of the section is to disapprove of such activity in general, and therefore neither participants is to be seen as a victim. The issue of inability to consent to a sexual act because of age, which are reflected in other sections do not apply to allegations of buggery. Since some conduct may constitute an offence whether or not it is accompanied by violence, it is necessary to have regard to the facts of the offence itself in order to decide whether it amounts to a crime of violence.

Citations:

Times 04-Jan-2001, [2001] QB 774, [2000] EWCA Civ 331

Links:

Bailii

Statutes:

Criminal Injuries Compensation Act 1995 1, Sexual Offences Act 1956 12 13

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (E) v Criminal Injuries Compensation Appeals Panel CA 3-Mar-2003
The claimant made a claim as regards a sexual assault committed against him in prison. The Panel refused the claim on the basis that he had consented.
Held: A claim might succeed where the consent was vitiated in such circumstances as would . .
Cited – Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber) CA 3-Feb-2014
The claimant had been riding his cycle. A dog, known to be aggressive, chased him, he swerved ino the path of a car and was severely injured. His claim was rejected by the appellant saying that no crime of violence had been involved. CICA now . .
Lists of cited by and citing cases may be incomplete.

Crime, Personal Injury

Updated: 31 May 2022; Ref: scu.147364

London Borough of Barking and Dagenham v David Jones: CA 30 Jul 1999

The authority appealed refusal of an injunction restraining the defendant from further breaches of the consumer protection statutes.

Judges:

Brooke LJ, May LJ, Laws LJ

Citations:

[1999] EWCA Civ 2049

Links:

Bailii

Statutes:

Trade Descriptions Act 1968 1, Unsolicited Goods and Services Act 1971 2, Business Names Act 1985 4

Jurisdiction:

England and Wales

Consumer, Crime, Local Government

Updated: 31 May 2022; Ref: scu.146964

Regina v Chandler: CCA 5 Feb 1964

Appeal from convictions of causing a public nuisance by inciting others to cause a public nuisance by obstructing the highway and two counts of himself causing a public nuisance in the same way. He was said to have lead demonstrations in London, attempting to breach police lines. The fundamental question was whether after the exercise of the undoubted right to seven peremptory challenges a prisoner has the right of going through the panel asking prospective Jurors to stand by before having to show cause.

Judges:

Lord Parker LCJ, Paull, Widgery JJ

Citations:

(1964) 128 JP 244, [1964] 2 QB 322, [1964] EWCA Crim 1, [1964] 1 All ER 761, [1964] 2 WLR 689, (1964) 48 Cr App Rep 143

Links:

Bailii

Jurisdiction:

England and Wales

Crime, Criminal Practice

Updated: 30 May 2022; Ref: scu.653257

T, Regina (on The Application of) v Ministry of Justice: Admn 9 Oct 2018

The Claimant brought his application for judicial review, seeking a declaration under s.4(2) of the 1998 Act that s.2(1) of the 1961 Act, which maintained the previous position at common law and makes assisting suicide a criminal offence, is incompatible with the rights of the Claimant under Article 8 of the European Convention of Human Rights, as a matter of domestic law.
Held: The application failed (before the judgment, the Court heard that the claimant had taken his own life in Switzerland).

Judges:

Irwin LJ, Phillips J

Citations:

[2018] EWHC 2615 (Admin)

Links:

Bailii

Statutes:

Human Rights Act 1998 4(2), Suicide Act 1961

Jurisdiction:

England and Wales

Human Rights, Crime, Health Professions

Updated: 30 May 2022; Ref: scu.625913

Rawlins v Crown Prosecution Service: Admn 3 Oct 2018

Appeal by way of case stated against the decision of Justices to convict him of three charges of assaulting a constable in the execution of his duty contrary to section 89(1) of the Police Act 1996.

Judges:

Supperstone J

Citations:

[2018] EWHC 2533 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 30 May 2022; Ref: scu.625909

Edwards v Ddin: 1976

The defendant had obtained petrol from the station, and whilst washing his hands decided not to pay.
Held: He could not be convicted of theft. By the time he acquired the dishonest intent the property in the petrol had already been transferred to him because of the admixture with the existing petrol in the tank.

Citations:

[1976] 1 WLR 942

Jurisdiction:

England and Wales

Crime

Updated: 30 May 2022; Ref: scu.567369

Regina v Lundie: QBD 1862

A byelaw provided: ‘if any person shall stock or depasture, inter alia, a vicious horse on any part of the common pastures, then, and in every such case, the person or persons so offending, and the owner or owners of the said stock and cattle, shall respectively forfeit and pay for every such offence the sum of andpound;5.’ The defendant said it was void.
Held: The byelaw was valid as against a person responsible for depasturing a vicious horse on the common notwithstanding that it might be unreasonable and therefore ultra vires as against an innocent owner. Cockburn CJ said: ‘It has been contended that this byelaw is unreasonable, because the owner of such an animal might innocently, and without knowledge or intention, be brought within its scope, and become liable to the penalties thereby imposed. But, admitting so far the justice of this objection, it seems to me that we may, consistently with the authorities, reject this portion, and act upon the remainder of the byelaw, which is perfectly good and reasonable. I think, therefore, the conviction should stand.’

Judges:

Cockburn CJ

Citations:

(1862) 8 Jur NS 640

Jurisdiction:

England and Wales

Cited by:

Cited – Director of Public Prosecutions v Hutchinson; Director of Public Prosecutions v Smith HL 12-Jul-1990
Protesters objected that byelaws which had been made to prevent access to common land, namely Greenham Common were invalid.
Held: The byelaws did prejudice the rights of common. The House was concerned to clarify the test applicable when . .
Lists of cited by and citing cases may be incomplete.

Local Government, Crime

Updated: 30 May 2022; Ref: scu.259756

Ikram, Regina v: CACD 14 Mar 2018

Application in relation to a terminating ruling brought by a prosecuting authority in respect of a case tried at Leeds Crown Court. The indictment contained a single count of misconduct in public office.

Judges:

Treacy LJ, King, Nicol JJ

Citations:

[2018] EWCA Crim 440, [2018] 1 WLR 5865, [2018] WLR(D) 167

Links:

Bailii, WLRD

Statutes:

Criminal Justice Act 2003 58(7)

Jurisdiction:

England and Wales

Crime

Updated: 30 May 2022; Ref: scu.624024

Gunning, Regina v: CACD 20 Feb 2018

Renewed application for an extension of time, 179 days, in which to apply for leave to appeal against conviction, and a renewed application for leave to appeal against sentence, both following refusal by the single judge.

Judges:

McCombe LJ, Spencer, Phillips JJ

Citations:

[2018] EWCA Crim 677

Links:

Bailii

Jurisdiction:

England and Wales

Crime, Criminal Sentencing

Updated: 30 May 2022; Ref: scu.609725

Foulkes v Chief Constable of Merseyside Police: CA 9 Jun 1998

A man was locked out of the matrimonial home which he owned jointly with his wife, following a family dispute. The police told him, as was the fact, that his wife and children did not want him to re-enter the house and the police suggested that he leave the vicinity of the property until tempers had abated. He was arrested when he refused to leave and insisted that he wished to enter the house.
Held: Where a constable made an arrest after a breach of the peace had quietened before arriving, but anticipating a further breach, he had to anticipate an immediate or imminent recurrence of a breach to justify the arrest. ‘The common law power of a police constable to arrest, where no actual breach of the peace has occurred but where he apprehended that such a breach might be caused by apparently lawful conduct, was exceptional and should be exercised by him only in the clearest circumstances when he was satisfied on reasonable grounds that a breach of the peace was about to occur or was imminent. There had to be a sufficiently real and present threat to the peace to justify the extreme step of depriving of his liberty the citizen who was not at the time acting unlawfully.’
Beldam LJ said: ‘In my view, the words used by Lord Diplock and in the other authorities show that where no breach of the peace has taken place in his presence but a constable exercises his power of arrest because he fears a [future] breach, such apprehended breach must be about to occur or be imminent. In the present case PC McNamara acted with the best of intentions. He had tried persuasion but the plaintiff refused to be persuaded or to accept the sensible guidance he had been given but in my judgment that was not a sufficient basis to conclude that a breach of the peace was about to occur or was imminent. There must, I consider, be a sufficiently real and present threat to the peace to justify the extreme step of depriving of his liberty a citizen who is not at the time acting unlawfully. The factors identified by the recorder in the present case do not in my judgment measure up to a sufficiently serious or imminent threat to the peace to justify arrest.’
Thorpe LJ said of the making of an arrest for a breach of the peace: ‘I accept it is a possible result under the law as it has evolved to prevent breach of the peace. But I would hope that only in the rarest cases would domestic dispute and the rights of occupation of the matrimonial home be subject to the breach of the peace regime.’

Judges:

Beldam LJ, Thorpe LJ

Citations:

Times 26-Jun-1998, [1998] EWCA Civ 938, [1998] 3 All ER 705

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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

Cited by:

Cited – Chief Constable of Cleveland Police v Mark Anthony McGrogan CA 12-Feb-2002
The Chief Constable appealed a finding of false imprisonment of the claimant. He had once been properly arrested, but before he was freed, it was decided that he should be held for court and an information laid alleging breach of the peace. They . .
Cited – Wragg, Regina (on the Application Of) v Director of Public Prosecutions Admn 15-Jun-2005
The court faced a case stated where the defendant had been accused of resisting arrest. The officers claimed to have anticipated a breach of the peace, having been called to a domestic dispute.
Held: Though the defendant had not behaved with . .
Cited – Bibby v Chief Constable of Essex Police CA 6-Apr-2000
A bailiff sought to execute against goods in a shop against the will of the occupier. The police attended and when tempers were raised the police officer anticipated a breach of the peace by the bailiff and arrested him. He sought damages for that . .
Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
Cited – Humberside Police v McQuade CA 12-Jul-2001
Defendant’s appeal against an order giving judgment for the claimant in the action for damages to be assessed for wrongful arrest and personal injury. The claimant had been arrested in his home, purportedly for a breach of the peace. There was no . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Crime

Updated: 30 May 2022; Ref: scu.144417

Ali, Regina v: CACD 20 Mar 2018

The defendant appealed from his conviction of sending out terrorist materials, saying that the judge was wrong to allow the jury to consider the definition of terrorist publication to wider audience than two men to whom videos sent.
Held: Appeal dismissed.

Judges:

Treacy LJ, Sir David Calvert-Smith , Judge Munro QC

Citations:

[2018] EWCA Crim 547, [2018] WLR(D) 261, [2018] 1 WLR 6105

Links:

Bailii, WLRD

Statutes:

Terrorism Act 2006 2(2)(d)

Jurisdiction:

England and Wales

Crime, Human Rights

Updated: 30 May 2022; Ref: scu.624004

Kellett v Director of Public Prosecutions: Admn 2001

The appellant appealed by case stated against the dismissal of his appeal against his conviction by the magistrates’ court of harassment contrary to section 2 of the PHA. The appellant and the victim were neighbours, and there was a history of civil litigation between them which included boundary disputes. The victim was an employee of the Department of Social Security. On two dates in the July 1997, the appellant telephoned the DSS and spoke to an employee who was senior to the victim and alleged, in substance, that the victim had been moonlighting. Notes of the two telephone calls were passed on to the DSS Regional Manager, who subsequently informed the victim of the fact and nature of the telephone calls. It was accepted by the appellant that the fact that the victim was caused distress when told of these telephone calls constituted harassment in the light of section 7(2) of the PHA.
The principal argument advanced on behalf of the appellant was that the conviction was only possible because the victim was told about the telephone calls contrary to the appellant’s expressed intention; and it was submitted that the appellant could not, in those circumstances, be held criminally liable for the consequences of another’s act. The respondent submitted, among other things, that there was clearly evidence on the basis of which the court could conclude that his was still a course of conduct which he knew or ought to have known amounted to harassment of the complainant, and relied on the finding below that: ‘It was a clearly foreseeable and inevitable result of passing the information to her employer that [the victim] would find out about the telephone calls made by the appellant, and any reasonable person in possession of the same information as the appellant would have been aware and expected that the matter would inevitably at some stage be raised with her’.
Penry-Davey J stated: ‘The court concluded in the words that I have already read that it was a foreseeable and inevitable result’ and continued: ’16. In my judgment there is no error of law in the approach adopted by the Crown Court in this case and the questions posed are to be answered in the affirmative. The offence was only complete when the complainant was told of the telephone calls made by the appellant in that it was the knowledge of his conduct that caused her distress. But the fact that she had been informed of the course of conduct by a third party rather than by the appellant himself did not mean that there was no offence committed once she had been so informed, even in circumstances where the appellant had asked that she should not be so informed, so long as there was evidence on the basis of which the court could properly conclude, as it clearly did, that the appellant was pursuing a course of conduct which he knew or ought to have known amounted to harassment of the complainant.
The court could and did have regard also to section 1(2) providing that a person ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
There was in my judgment evidence on the basis of which the court could properly conclude, and it did so conclude, that those allegations were made out. Equally, in my judgment, there was ample evidence in the circumstances of this case for the court to conclude that the appellant’s pursuit of the course of conduct was not reasonable. He went considerably beyond the simple reporting of the fact that the complainant was at home when he contended that she should be working and alleged, for example, fraud and an extortionate salary.’

Judges:

Rose LJ, Penry-Davey J,

Citations:

[2001] EWHC Admin 107

Statutes:

Protection from Harassment Act2A 3 1997

Jurisdiction:

England and Wales

Cited by:

Cited – Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 May 2022; Ref: scu.657038

Plavelil v Director of Public Prosecutions: Admn 2014

Moses LJ said: ‘The Crown Court was undoubtedly correct to follow the guidance of the Court of Appeal in R v Haque. The three requirements identified include as a second requirement the conduct must be calculated to produce the consequences described in section 7 and thus the defendant must have intended to alarm the complainant or cause him distress . . The third requirement is that the conduct must have been oppressive and unreasonable.’

Judges:

Moses LJ, Silber J

Citations:

[2014] EWHC 736 (Admin)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Haque CACD 26-Jul-2011
The defendant appealed against conviction under section 4(1) of the 1997 Act. It was not disputed that the prosecution had to prove (1) that there had been a course of conduct on the part of the appellant, (2) that the course of conduct had caused . .

Cited by:

Cited – Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 May 2022; Ref: scu.657039

Regina v Curtis: CACD 9 Feb 2010

The defendant appealed against his conviction under the 1977 Act. He and the complainant had been in a volatile relationship. Both were police constables. He said that though there had been incidents, they had not amounted to a course of conduct within the Act.
Held: The issue is whether, on the evidence, the appellant had pursued a course of conduct in relation to D which amounted to harassment of her. If he did, there was sufficient evidence to go to the jury on the ‘fear’ element in section 4(1). No definition of harassment appears in the 1997 Act save that section 7(2) provides that reference to harassing a person includes harming the person or causing the person distress.
Pill LJ said: ‘To harass as defined in the Concise Oxford Dictionary, Tenth Edition, is to ‘torment by subjecting to constant interference or intimidation’. The conduct must be unacceptable to a degree which would sustain criminal liability and also must be oppressive.’

Judges:

Pill LJ, Bennett, Field JJ

Citations:

[2010] EWCA Crim 123, [2010] 1 Cr App R 31, [2010] 3 All ER 849, [2010] 1 WLR 2770, [2010] Crim LR 638

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 4(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Haque CACD 26-Jul-2011
The defendant appealed against conviction under section 4(1) of the 1997 Act. It was not disputed that the prosecution had to prove (1) that there had been a course of conduct on the part of the appellant, (2) that the course of conduct had caused . .
Indistinguishable – Widdows, Regina v CACD 21-Jun-2011
Reasons for allowing of appeal from conviction of offence of putting someone in fear.
Held: ‘The emphasis in the summing up was not on what amounts to harassment but what amounts to assault. Further direction was required as to what can be a . .
Cited – Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 May 2022; Ref: scu.396718

Widdows, Regina v: CACD 21 Jun 2011

Reasons for allowing of appeal from conviction of offence of putting someone in fear.
Held: ‘The emphasis in the summing up was not on what amounts to harassment but what amounts to assault. Further direction was required as to what can be a course of conduct amounting to harassment. Description of a number of acts of violence spread over nine months during a close and affectionate relationship does not satisfy the course of conduct requirement or the requirement that it is conduct amounting to harassment.’

Judges:

Pill LJ, Bean, Macur DBE JJ

Citations:

[2011] EWCA Crim 1500, (2011) 175 JP 345, [2011] Fam Law 937, [2011] 2 FLR 869

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 4

Jurisdiction:

England and Wales

Citing:

Indistinguishable – Regina v Curtis CACD 9-Feb-2010
The defendant appealed against his conviction under the 1977 Act. He and the complainant had been in a volatile relationship. Both were police constables. He said that though there had been incidents, they had not amounted to a course of conduct . .

Cited by:

Cited – Regina v Haque CACD 26-Jul-2011
The defendant appealed against conviction under section 4(1) of the 1997 Act. It was not disputed that the prosecution had to prove (1) that there had been a course of conduct on the part of the appellant, (2) that the course of conduct had caused . .
Cited – Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 May 2022; Ref: scu.441055

Regina v Haque: CACD 26 Jul 2011

The defendant appealed against conviction under section 4(1) of the 1997 Act. It was not disputed that the prosecution had to prove (1) that there had been a course of conduct on the part of the appellant, (2) that the course of conduct had caused the complainant to fear on at least two occasions that violence would be used against him; and (3) that the appellant knew or ought to have known that his course of conduct would cause the complainant to fear violence on each of those occasions. The ground of appeal was that, additionally, the prosecution had to prove that the course of conduct amounted to harassment. The appellant argued: ‘Given the definition of harassment in section 1 and given that by virtue of section 7 ‘References to harassing a person include alarming the person or causing the person distress’, proof of the offence against section 4 would seem necessarily to involve proof of harassment within the meaning of section 1′; but (2) ‘the courts have added further ingredients to the definition of harassment in section 1, and the prosecution must therefore prove those additional ingredients’; and (3) this argument had been accepted by the Court of Appeal in R v Curtis’
Held:
Hooper LJ said: ‘Whilst accepting, as we must, that section 1 is so broadly defined that it may be necessary to import non-statutory requirements into the definition of the offence, we would, but for Curtis and Widdows have taken the view that the section 4(1) offence is a freestanding offence and does not require proof of harassment. It would then follow that the statement of offence should not refer to harassment’.

Judges:

Hooper LJ, Stadlen, Sweeney JJ

Citations:

[2011] EWCA Crim 1871, [2012] 1 Cr App R 5, [2011] Crim LR 962

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 4(1)

Jurisdiction:

England and Wales

Citing:

Cited – Pratt v Director of Public Prosecutions Admn 2001
. .
Cited – Regina v Curtis CACD 9-Feb-2010
The defendant appealed against his conviction under the 1977 Act. He and the complainant had been in a volatile relationship. Both were police constables. He said that though there had been incidents, they had not amounted to a course of conduct . .
Cited – Widdows, Regina v CACD 21-Jun-2011
Reasons for allowing of appeal from conviction of offence of putting someone in fear.
Held: ‘The emphasis in the summing up was not on what amounts to harassment but what amounts to assault. Further direction was required as to what can be a . .

Cited by:

Cited – Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the . .
Cited – Plavelil v Director of Public Prosecutions Admn 2014
Moses LJ said: ‘The Crown Court was undoubtedly correct to follow the guidance of the Court of Appeal in R v Haque. The three requirements identified include as a second requirement the conduct must be calculated to produce the consequences . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 May 2022; Ref: scu.442192

Pallante v Stadiums Pty Ltd (No 1): 9 Apr 1975

Supreme Court of Victoria
McInerney, J sought to arrive at an intellectually satisfying account of the apparent immunity of professional boxing from criminal process, but concluded that the task is impossible.

Judges:

McInerney, J

Citations:

[1976] VicRp 29, [1976] VR 331

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – BM, Regina v CACD 22-Mar-2018
The defendant appealed from a preliminary ruling that his body modification services were not in law capable of being consented to and therefore amounted to an assault.
Held: The appeal failed: ‘we can see no good reason why body modification . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 May 2022; Ref: scu.657036

Regina v Waltham: 1849

Citations:

(1849) 3 Cox 442

Jurisdiction:

England and Wales

Cited by:

Cited – BM, Regina v CACD 22-Mar-2018
The defendant appealed from a preliminary ruling that his body modification services were not in law capable of being consented to and therefore amounted to an assault.
Held: The appeal failed: ‘we can see no good reason why body modification . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 May 2022; Ref: scu.657035

Conway, Regina (on The Application of) v Secretary of State for Justice: SC 27 Nov 2018

Application for leave to appeal after refusal of order allowing withdrawal of his treatment leading to his death within an hour. He wished to argue as to the difference between letting someone die and taking active steps to bring about their death which had been central to the common law for centuries.
Held: This was primarily a matter for Parliament. Permission refused.

Judges:

Lady Hale, Lord Reed, Lord Kerr

Citations:

[2018] UKSC B1

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At Admn – Conway, Regina (on The Application of) v The Secretary of State for Justice Admn 5-Oct-2017
The court was asked as to the issue of provision of assistance to a person with a serious wasting disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stages. . .
Leave to Appeal – Conway v The Secretary of State for Justice CA 18-Jan-2018
Application for leave to appeal from refusal of declaration of incompatibility of section 2(1) of the 1961 Act with the claimant’s Article 8 human rights. The case concerns the issue of the provision of assistance to a person with a terminal . .
At CA – Conway, Regina (on The Application of) v The Secretary of State for Justice and Others CA 27-Jun-2018
Appeal from rejection of claim that section 2(1) of the 1961 infringed the claimant’s human rights. . .
Lists of cited by and citing cases may be incomplete.

Crime, Health

Updated: 29 May 2022; Ref: scu.630738

Conway v The Secretary of State for Justice: CA 18 Jan 2018

Application for leave to appeal from refusal of declaration of incompatibility of section 2(1) of the 1961 Act with the claimant’s Article 8 human rights. The case concerns the issue of the provision of assistance to a person with a terminal degenerative disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stage.
Held: Permission was given.

Judges:

Sir Ernest Ryder SPT, Underhill LJ

Citations:

[2017] EWCA Civ 16

Links:

Bailii, Judiciary

Statutes:

Suicide Act 1961 2(1), European Convention on Human Rights 8, Human Rights Act 1998 4(2)

Jurisdiction:

England and Wales

Citing:

At Admn – Conway, Regina (on The Application of) v The Secretary of State for Justice Admn 5-Oct-2017
The court was asked as to the issue of provision of assistance to a person with a serious wasting disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stages. . .

Cited by:

Leave to Appeal – Conway, Regina (on The Application of) v The Secretary of State for Justice and Others CA 27-Jun-2018
Appeal from rejection of claim that section 2(1) of the 1961 infringed the claimant’s human rights. . .
Leave to Appeal – Conway, Regina (on The Application of) v Secretary of State for Justice SC 27-Nov-2018
Application for leave to appeal after refusal of order allowing withdrawal of his treatment leading to his death within an hour. He wished to argue as to the difference between letting someone die and taking active steps to bring about their death . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 29 May 2022; Ref: scu.602950

Conway, Regina (on The Application of) v The Secretary of State for Justice and Others: CA 27 Jun 2018

Appeal from rejection of claim that section 2(1) of the 1961 infringed the claimant’s human rights.

Citations:

[2018] EWCA Civ 1431, [2018] WLR(D) 402

Links:

Bailii, WLRD

Statutes:

Suicide Act 1961 2(1)

Jurisdiction:

England and Wales

Citing:

At Admn – Conway, Regina (on The Application of) v The Secretary of State for Justice Admn 5-Oct-2017
The court was asked as to the issue of provision of assistance to a person with a serious wasting disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stages. . .
Leave to Appeal – Conway v The Secretary of State for Justice CA 18-Jan-2018
Application for leave to appeal from refusal of declaration of incompatibility of section 2(1) of the 1961 Act with the claimant’s Article 8 human rights. The case concerns the issue of the provision of assistance to a person with a terminal . .

Cited by:

At CA – Conway, Regina (on The Application of) v Secretary of State for Justice SC 27-Nov-2018
Application for leave to appeal after refusal of order allowing withdrawal of his treatment leading to his death within an hour. He wished to argue as to the difference between letting someone die and taking active steps to bring about their death . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Crime

Updated: 29 May 2022; Ref: scu.618925

Regina v Leonard Smith: 29 Nov 1837

A wound is caused when the whole of the skin, dermis and epidermis, is broken including the inner skin within the cheek, lip or urethra

Citations:

[1837] EngR 1107, (1837) 8 Car and P 172, (1837) 173 ER 448

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – BM, Regina v CACD 22-Mar-2018
The defendant appealed from a preliminary ruling that his body modification services were not in law capable of being consented to and therefore amounted to an assault.
Held: The appeal failed: ‘we can see no good reason why body modification . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 May 2022; Ref: scu.314224

Regina (B) v Greenwich Magistrates Court: QBD 10 Nov 2008

The defendant appealed against an Anti-social behaviour order which prevented him from wearing hooded clothing.
Held: The defendant was a gang member, and the gang members used hooded clothing to intimidate members of the public. The ASBO terms must be clear, but this was. It was appropriate and lawful.

Judges:

Lord Justice Latham and Mr Justice Mitting

Citations:

Times 22-Dec-2008

Jurisdiction:

England and Wales

Crime

Updated: 29 May 2022; Ref: scu.316673

Yip Chiu Cheung v Regina: PC 16 Jun 1994

The appellant was charged with conspiracy to traffic in a dangerous drug, contrary to the common law and section 4 of the Dangerous Drugs Ordinance Cap 134 of Hong Kong. The prosecution said he had had meetings in Thailand with a man named Needham. who unknown to the appellant was an US undercover drug enforcement officer. It was arranged that Needham would act as courier to carry a consignment of drugs by air from Hong Kong to Australia, the plan being that Needham would travel to Hong Kong, collect the drugs and fly on to Australia. Needham said that throughout his dealings with the appellant he kept the authorities in Hong Kong and Australia informed of the plans and they agreed that he would not be prevented from carrying the drugs out of Hong Kong and into Australia. Although Needham fully intended to carry it out this scheme foundered for practical reasons and he never in fact went to Hong Kong. It was argued that he could not be guilty of conspiring with Needham since Needham himself had committed no offence.
Held:
Lord Griffiths dismissed the defendant’s contention: ‘On the principal ground of appeal it was submitted that the trial judge and the Court of Appeal were wrong to hold that Needham, the undercover agent, could be a conspirator because he lacked the necessary mens rea or guilty mind required for the offence of conspiracy. It was urged upon their Lordships that no moral guilt attached to the undercover agent who was at all times acting courageously and with the best of motives in attempting to infiltrate and bring to justice a gang of criminal drug dealers. In these circumstances it was argued that it would be wrong to treat the agent as having any criminal intent, and reliance was placed upon a passage in the speech of Lord Bridge of Harwich in Reg v Anderson (William Ronald) [1986] AC 27; but in that case Lord Bridge was dealing with a different situation from that which exists in the present case. There may be many cases in which undercover police officers or other law enforcement agents pretend to join a conspiracy in order to gain information about the plans of the criminals, with no intention of taking any part in the planned crime but rather with the intention of providing information that will frustrate it. It was to this situation that Lord Bridge was referring in Anderson. The crime of conspiracy requires two or more persons to commit an unlawful act with the intention of carrying it out. It is the intention to carry out the crime that constitutes the necessary mens rea for the offence. As Lord Bridge pointed out, an undercover agent who has no intention of committing the crime lacks the necessary mens rea to be a conspirator.
The facts of the present case are quite different. Nobody can doubt that Needham was acting courageously and with the best of motives; he was trying to break a drug ring. But equally there can be no doubt that the method he chose and in which the police in Hong Kong acquiesced involved the commission of the criminal offence of trafficking in drugs by exporting heroin from Hong Kong without a licence. Needham intended to commit that offence by carrying the heroin through the customs and on to the aeroplane bound for Australia.’
The Crown cannot direct or authorise a criminal offence to take place. The offence required no more than proof of export without a licence and thus could be committed by an undercover officer agreeing to the export without a licence.

Judges:

Lord Griffiths

Citations:

[1995] 1 AC 111, [1994] UKPC 2, [1994] UKPC 23, [1994] 2 All ER 924, (1994) 99 Cr App R 406, [1994] Crim LR 824, [1994] 3 WLR 514

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Kingston HL 22-Jul-1994
Involuntary Intoxication not a General Defence
The prosecutor appealed an acquittal on appeal of the defendant for sexual assault, saying that he had not had the necessary intent because of intoxication through drink and drugs. He said that a co-defendant had secretly administered drugs to him. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 May 2022; Ref: scu.245741

Attorney General’s Reference No 6 of 1980: CACD 7 May 1981

There had been a fight, not in the course of properly conducted sport.
Held: Where two people fight in those circumstances intending or causing actual bodily harm, it is no defence for a person charged that the other consented, whether the fight is held in public or in private. Lord Lane CJ explained that it was not in the public interest that people should cause each other actual bodily harm for no good reason: ‘We think it can be taken as a starting point that it is an essential element of an assault that the act is done contrary to the will and without the consent of the victim; and it is doubtless for this reason that it lies on the prosecution to negative consent . . But the cases show that the courts will make an exception to this principle where the public interest requires . . Bearing in mind the various cases and the views of the textbook writers cited to us, and starting with the proposition that ordinarily an act consented to will not constitute an assault, the question is: at what point does the public interest require the court to hold otherwise? In answering that question the diversity of view expressed in the previous decisions such as [Coney and Donovan] make some selection and a partly new approach necessary. Accordingly, we have not followed the dicta which would make an act (even if consensual), an assault if it occurred in public, on the grounds that it constituted a breach of the peace, and was therefore itself unlawful. There dicta reflect the conditions of the times when they were uttered . .
The answer to the question, in our judgment, is that it is not in the public interest that people should try to cause, or should cause, each other actual bodily harm for no good reason. . . So in our judgment, it is immaterial whether the act occurs in private or in public; it is an assault if actual bodily harm is intended and/or caused. This means that most fights will be unlawful regardless of consent.
Nothing which we have said is intended to cast doubt upon the accepted legality of properly conducted games or sports, lawful chastisement or correction, reasonable surgical interference, dangerous exhibitions etc. These apparent exceptions can be justified as involving the exercise of a legal right, in the case of chastisement or correction, or as needed in the public interest, in other cases.’

Judges:

Lord Lane CJ

Citations:

[1981] EWCA Crim 1, [1981] QB 715

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – BM, Regina v CACD 22-Mar-2018
The defendant appealed from a preliminary ruling that his body modification services were not in law capable of being consented to and therefore amounted to an assault.
Held: The appeal failed: ‘we can see no good reason why body modification . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 May 2022; Ref: scu.247939

Director of Public Prosecutions v Smith: HL 1960

The defendant tried to avoid arrest and killed a policeman by driving off with the policeman clinging to the car.
Held: (1) The defendant committed murder because death or grievous bodily harm was foreseen by him as a ‘likely’ result of his act and (2) he was deemed to have foreseen the risk a reasonable person in his position would have foreseen.
Vicount Kilmuir LC said: ‘My Lords I confess that whether one is considering the crime of murder or the statutory offence I can find no warrant for giving the words ‘grievous bodily harm’ a meaning other than that which the words convey in their ordinary natural meaning. ‘Bodily harm’ needs no explanation, and ‘grievous’ means no more and no less than ‘really serious’. In this connection your Lordships will refer to the judgment of the Supreme Court of Victoria in the case of R.v.Miller [1951] VLR 346, 357). In giving the judgment of the Court, Martin J, having expressed the view that the directions of Willes J could only be justified, if at all, in the case of the statutory offence said: ‘. . . there does not appear to be any justification for treating the expression ‘grievous bodily harm’ or the other similar expressions used in the authorities upon this common law question which are cited as bearing any other than their ordinary and natural meaning.’ In my opinion the view of the law thus expressed by Martin J is correct and I would only add that I can see no ground for giving the words a wider meaning when considering the statutory offence.’

Judges:

Vicount Kilmuir LC

Citations:

[1960] 3 All ER 161, [1960] 3 WLR 546, [1961] AC 290

Jurisdiction:

England and Wales

Cited by:

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 Woollin HL 2-Apr-1998
The defendant appealed against his conviction for the murder of his child. He had thrown the child to the floor, hitting the head. He said that he had not intended to kill the child.
Held: On a murder charge, where the short direction on . .
Cited – Fook, Regina v CACD 22-Oct-1993
The defendant appealed his conviction for assault. He had suspected a lodger of theft, and was accused of having assaulted him while interrogating him about it. He locked the complainant in his room, but he then fell whilst escaping through a first . .
Cited – Director of Public Prosecutions v Majewski HL 1976
The defendant took a cocktail of drink and drugs and, whilst intoxicated, assaulted pub landlord. He said that he did not know what he was doing, and had no mens rea, that self-induced intoxication could be a defence to a charge of assault, and that . .
Not good law – Rhodes v OPO and Another SC 20-May-2015
The mother sought to prevent a father from publishing a book about her child’s life. It was to contain passages she said may cause psychological harm to the 12 year old son. Mother and son lived in the USA and the family court here had no . .
Cited – BM, Regina v CACD 22-Mar-2018
The defendant appealed from a preliminary ruling that his body modification services were not in law capable of being consented to and therefore amounted to an assault.
Held: The appeal failed: ‘we can see no good reason why body modification . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 May 2022; Ref: scu.180944

Rex v Donovan: CCA 1934

The defendant was convicted of indecent assault and common assault after caning a 17 year old female complainant for the purposes of sexual gratification. The complainant suffered actual bodily harm, though the defendant was not charged with an offence under s.47. His defence was consent. The judge had directed the jury that the issue was consent or no consent, without giving any guidance on the burden of proof.
Held: A direction should have been given on consent, as in the circumstances of the case the jury might reasonably have found consent. The court rejected the argument that it was unnecessary for the prosecution to prove absence of consent and that therefore the failure to give the direction was immaterial: ‘Always supposing, therefore, that the blows which he struck were likely or intended to do bodily harm, we are of opinion that he was doing an unlawful act, no evidence having been given of facts which would bring the case within any of the exceptions to the general rule. In our view, on the evidence given at the trial, the jury should have been directed that, if they were satisfied that the blows struck by the prisoner were likely or intended to do bodily harm to the prosecutrix, they ought to convict him, and that it was only if they were not so satisfied, that it became necessary to consider the further question whether the prosecution had negatived consent. For this purpose we think that ‘bodily harm’ has its ordinary meaning and includes any hurt or injury calculated to interfere with the health or comfort of the prosecutor. Such hurt or injury need not be permanent, but must, no doubt, be more than merely transient and trifling.’

Citations:

[1934] 25 Cr App R 1 CCA, [1934] 2 KB 498

Jurisdiction:

England and Wales

Cited by:

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 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 . .
Cited – Regina v Kimber CACD 1983
For mens rea, it is the defendant’s belief, not the grounds on which it is based, which goes to negative the intent. The guilty state of mind was the intent to use personal violence to a woman without her consent. If the defendant did not so intend, . .
Cited – Regina v Boyea CACD 28-Jan-1992
The defendant was accused of having, with or without the consent of his victim, caused her physical damage by inserting his hand in her vagina and twisting it.
Held: ‘the extent of the violence inflicted . . went far beyond the risk of minor . .
Cited – Meachen, Regina v CACD 20-Oct-2006
The appellant appealed his conviction for anal rape. He said the incident had been consensual. He had administered a date rape drug. He said again that this had been consensual. The prosecution alleged that the injuries left were inconsistent with . .
Cited – F v West Berkshire Health Authority HL 17-Jul-1990
The parties considered the propriety of a sterilisation of a woman who was, through mental incapacity, unable to give her consent.
Held: The appeal succeeded, and the operation would be lawful if the doctor considered it to be in the best . .
Cited – Regina v Brown etc CACD 15-Apr-1992
The defendants appealed against their convictions for offences under the 1861 Act of assaults inflicting injury. They said that as sado-masochists, they had mutually consented to the assaults and that no offences had been commited, but pleaded gulty . .
Cited – BM, Regina v CACD 22-Mar-2018
The defendant appealed from a preliminary ruling that his body modification services were not in law capable of being consented to and therefore amounted to an assault.
Held: The appeal failed: ‘we can see no good reason why body modification . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 May 2022; Ref: scu.182262

Regina v Miller: Assz 1954

A husband was charged with rape of his wife after she had left him and petitioned for divorce. He was also charged with an assault.
Held: There was no evidence which entitled the court to say that the wife’s implied consent to marital intercourse had been revoked by an act of the parties or by an act of the court. Referring to Jackson: ‘It seems to me, on the reasoning of that case, that, although the husband has a right to marital intercourse, and the wife cannot refuse her consent, and although if he does have intercourse against her actual will, it is not rape, nevertheless he is not entitled to use force or violence for the purpose of exercising that right. If he does so, he may make himself liable to the criminal law, not for the offence of rape, but for whatever other offence the facts of the particular case warrant. If he should wound her, he might be charged with wounding or causing actual bodily harm, or he may be liable to be convicted of common assault. The result is that in the present case I am satisfied that the second count is a valid one and must be left to the jury for their decision.’ and ‘The point has been taken that there is no evidence of bodily harm. The bodily harm alleged is said to be the result of the prisoner’s action, that is, if the jury accept the evidence that he threw the wife down three times. There is evidence that afterwards she was in a hysterical and nervous condition, but it is said by counsel that that is not actual bodily harm. Actual bodily harm, according to Archbold 32nd Edition page 959 includes ‘any hurt or injury calculated to interfere with the health or comfort of the prosecutor’. There was a time when shock was not regarded as bodily hurt, but the day has gone by when that could be said. It seems to me now that if a person is caused hurt or injury resulting, not in any physical injury but in an injury to her state of mind for the time being, that is within the definition of actual bodily harm, and on that point I would leave the case to the jury.’
Actual bodily harm means any injury ‘calculated to interfere with the health and comfort of the [victim]’ but must be more than transient or trifling

Judges:

Lynskey J

Citations:

[1954] 2 All ER 529, [1954] 2 WLR 138, [1954] 2 QB 282, [1954] 38 Cr App R 1

Jurisdiction:

England and Wales

Citing:

Followed – Rex v Clarke 1949
The defendant was accused of the rape of his wife and assault. At the time they were separated by virtue of a court order recently obtained by her. He replied that the offence alleged was not known to law because of the marriage.
Held: The . .
Cited – Regina v Jackson CA 1891
A husband had no right to confine his wife in order to enforce a decree for restitution of conjugal rights. . .

Cited by:

Cited – Regina v R HL 23-Oct-1991
H has no right to sexual intercourse with W – rape
The defendant appealed against his conviction for having raped his wife, saying that intercourse with his wife was necessarily lawful, and therefore outside the statutory definition of rape. Due to the matrimonial difficulties, the wife had left . .
Cited – Fook, Regina v CACD 22-Oct-1993
The defendant appealed his conviction for assault. He had suspected a lodger of theft, and was accused of having assaulted him while interrogating him about it. He locked the complainant in his room, but he then fell whilst escaping through a first . .
Cited – BM, Regina v CACD 22-Mar-2018
The defendant appealed from a preliminary ruling that his body modification services were not in law capable of being consented to and therefore amounted to an assault.
Held: The appeal failed: ‘we can see no good reason why body modification . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 May 2022; Ref: scu.194944

Regina v Salter: 1968

Citations:

[1968] 1 QB 793

Jurisdiction:

England and Wales

Cited by:

Not binding – Regina v Muhamad CACD 19-Jul-2002
The appellant had been convicted of an offence under the section in that as a bankrupt, he ‘in the two years before the petition, materially contributed to, or increased the extent of, his insolvency by gambling or by rash and hazardous . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 May 2022; Ref: scu.181969

Brighton and Hove District Council v Woolworths plc: QBD 11 Nov 2002

The council appealed a dismissal of the charge brought against the respondent on the grounds that it was seeking to prosecute out of its geographical area.
Held: Appeal dismissed. Under section 13, a council had authority to issue a notice requiring the withdrawal from sale of dangerous articles both within and outside its area of operation. That was under section 14. The power to prosecute however was differently arranged, and a council could only prosecute for acts in breach of the notice occurring within its geographical area.

Judges:

Laws LJ, Field J

Citations:

Times 27-Nov-2002

Statutes:

Consumer Protection Act 1987 14 27

Jurisdiction:

England and Wales

Consumer, Local Government, Crime

Updated: 29 May 2022; Ref: scu.178264

Regina on the Application of A and Snaresbrook Crown Court: Admn 14 Jun 2001

A company director can be convicted of theft from his company even though the act might technically be the act of the company. Here company directors had paid bribes to people with whom the company intended to do business. The bribes were paid out of company funds and with the intention of benefiting the company. Nevertheless, appropriation under the Act, does not need to be without the consent of the owner. The dishonesty element must be directed toward the owner of the property.

Citations:

Times 12-Jul-2001, [2001] EWHC Admin 456

Links:

Bailii

Statutes:

Theft Act 1968 3(1)

Company, Crime, Criminal Practice

Updated: 29 May 2022; Ref: scu.140336

Director of Public Prosecutions v Mark Thomas Ramos: Admn 14 Apr 2000

Citations:

[2000] EWHC Admin 328

Links:

Bailii

Citing:

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

Crime

Updated: 29 May 2022; Ref: scu.140143

Thames Water Utilities Ltd v London Borough of Bromley: Admn 4 Mar 2000

The court considered an appeal by case stated against a conviction on 16 separate informations alleging offences of failing to complete permanent reinstatement as required by section 70(4).

Citations:

[2000] EWHC Admin 301

Links:

Bailii

Statutes:

New Roads and Street Works Act 1991 70

Cited by:

Cited – Hertfordshire County Council v National Grid Gas Plc Admn 2-Nov-2007
The council laid complaints against the defenedant that it had not properly re-instated road surfaces after completing works. It now appealed, by way of case stated, against the court’s acceptance of the defendant’s argument that the large number of . .
Lists of cited by and citing cases may be incomplete.

Utilities, Crime

Updated: 29 May 2022; Ref: scu.140115

Regina v Kettering Magistrates’ Court ex parte MRB Insurance Brokers Limited: Admn 4 Apr 2000

A statement of an APR in the sale of a financial services product remained a price indication, and, if it was miscalculated, that was a misleading price indication, and criminal, despite provisions in the Consumer Credit legislation. What was given was a price under the contract: ‘The total amount payable under the contract which can properly be described as the price, should be arrived at by reference to the APR. The APR given was very substantially below the true APR and Mr Pulford Junior was given a totally false indication as to how the aggregate of the sums required to be paid would be determined. In those circumstances clearly a misleading indication as to price was given. The question as to the enforceability of the agreement is quite irrelevant.’ As to the effect of the section: ‘Section 170(1) is not an obstacle to a prosecution under the Consumer Protection Act 1987, where the provisions of Section 20 are apt to cover a factual situation such as that which arose in this case.’

Judges:

Schiemann LJ, Douglas Brown J

Citations:

Times 12-May-2000, Gazette 18-May-2000, [2000] EWHC Admin 320

Links:

Bailii

Statutes:

Consumer Protection Act 1987 20, Consumer Credit Act 1974 170(1)

Citing:

Cited – Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council CA 16-Apr-1997
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track.
Cited – Regina v Lennox-Wright 1973
. .
Cited – Brookes v Retail Credit Cards Ltd QBD 1986
The defendants, a regulated consumer credit provider provided its srevices to A’s customers. A’s promotional materials were found to be in breach of the Act and the defendant was now prosecuted for procuring that offence.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Consumer, Crime, Financial Services

Updated: 29 May 2022; Ref: scu.140134

Regina v St Albans Crown Court ex parte O’Donovan: Admn 9 Jul 1999

Citations:

[1999] EWHC Admin 664

Links:

Bailii

Statutes:

Road Traffic Act 1988 5

Citing:

Cited – Taylor v Rajan 2-Jan-1974
The defendant had consumed alcohol so that the alcohol level was 102 milligrammes of alcohol in 100 millilitres of blood. An appeal was heard as to whether there existed special reasons for not disqualifying him.
Held: The court considered . .
Lists of cited by and citing cases may be incomplete.

Crime, Road Traffic

Updated: 28 May 2022; Ref: scu.139928

Torbay Council v Singh: Admn 10 Jun 1999

The court was asked if the section 92(5) defence applied where the defendant does not know of the existence of the registered trade mark in question.
Held: The defence is not available in such a case. The court noted that section 92(5) speaks of a reasonable belief that the ‘manner’ of use of the sign did not infringe ‘the registered trade mark’. This presupposed an awareness by the defendant of the existence of the registration against which he can match his manner of use of the allegedly infringing sign. The test of whether a Trade Mark offence has been committed by a trader selling goods is whether or not the infringing goods have been offered for sale, and does not depend upon any test of whether the trader was aware of the infringement or whether he had been diligent in finding an answer. The defence related only to whether the manner of use of the mark was reasonable.

Judges:

Auld LJ

Citations:

Times 05-Jul-1999, [1999] EWHC Admin 553, [1999] EWHC Admin 535, [1999] 2 Cr App R 451

Links:

Bailii, Bailii

Statutes:

Trade Marks Act 1994 92(1) 92(5)

Cited by:

Applied – Regina v Keane CACD 2001
. .
Doubted – Regina v Johnstone HL 22-May-2003
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act . .
Doubted – Regina v Rhodes CACD 2002
Andrew Smith J: ‘No doubt in many cases the fact that a trader could ascertain whether a trade mark was registered by searching the register will make it extremely difficult to establish a belief involving ignorance of a registered mark is held on . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Crime

Updated: 28 May 2022; Ref: scu.139799

Regina v Secretary of State for Home Department ex parte Augusto Pinochet Ugarte: Admn 27 May 1999

The applicant, the former president of Chile, sought to challenge an order allowing an application for his extradition to proceed. He said that once the matters deemed inadmissible had been excluded, there was insufficicient ground to allow the proceedings to continue.
Held: The court need not address the merits of the final application. There remained issues which should be determined by the court after a full hearing.

Judges:

Ognall J

Citations:

[1999] EWHC Admin 505

Links:

Bailii

Statutes:

Extradition Act 1989

Citing:

Cited – Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3) HL 24-Mar-1999
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. . .
Cited – Regina v Inland Revenue Commissioners, ex parte the National Federation of Self-Employed and Small Businesses Ltd HL 9-Apr-1981
Limitations on HMRC discretion on investigation
The Commissioners had been concerned at tax evasion of up to 1 million pounds a year by casual workers employed in Fleet Street. They agreed with the employers and unions to collect tax in the future, but that they would not pursue those who had . .
Cited – Regina v Governor of Brixton Prison, ex parte Kahan QBD 1989
The court deplored any use of an application to a Divisional Court ahead of a final determination by the committing magistrate. . .
Cited – Government of United States of America v Bowe HL 1990
The House referred to the desirability of all the evidence being adduced before the magistrate before any application for a prerogative remedy was sought. . .
Cited – Regina v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2) HL 15-Jan-1999
A petition was brought to request that a judgment of the House be set aside because the wife of one their lordships, Lord Hoffmann, was as an unpaid director of a subsidiary of Amnesty International which had in turn been involved in a campaign . .
See Also – In Re Pinochet Ugarte QBD 7-Jan-2000
In extradition proceedings which had been before the House of Lords it might be right for the papers to be served on interested third parties and human rights organisations. At that level, the matter discussed were primarily legal. However when the . .

Cited by:

See Also – In Re Pinochet Ugarte QBD 7-Jan-2000
In extradition proceedings which had been before the House of Lords it might be right for the papers to be served on interested third parties and human rights organisations. At that level, the matter discussed were primarily legal. However when the . .
Lists of cited by and citing cases may be incomplete.

Extradition, Crime

Updated: 28 May 2022; Ref: scu.139769

Re M (Female Genital Mutilation Protection Order: No Order On Application): FD 18 Feb 2019

The court was asked whether a female genital mutilation protection order made without notice to the parents in respect of M and continued thereafter should, in fact, continue until M is 18 or older.

Judges:

Knowles J

Citations:

[2019] EWHC 527 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Children, Crime

Updated: 28 May 2022; Ref: scu.634807

D, Regina v (Application for Leave To Appeal): CACD 5 Feb 2019

Challenge to termination ruling. Sections 1 and 3 of the Fraud Act 2006 create an offence of fraud by dishonestly failing to disclose, with intent to make a gain for oneself or to cause a loss to another, information which the defendant is under ‘a legal duty’ to disclose. The particular question in this case is whether the defendant here was, for council tax purposes, under a legal duty to disclose to the relevant local authority (in this case Hertsmere Borough Council) the fact of her residence at a particular address. The trial judge ruled that she was not under a legal duty of notification in this respect.

Citations:

[2019] EWCA Crim 209

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 28 May 2022; Ref: scu.634190

RH, Regina v: CANI 6 Jul 2018

Appeal by way of reference from the Criminal Cases Review Commission in respect of the appellant’s convictions of both the rape and the indecent assault of a female, then a child,

Judges:

Morgan LCJ, Deeny LJ and Maguire J

Citations:

[2018] NICA 28

Links:

Bailii

Jurisdiction:

Northern Ireland

Crime

Updated: 28 May 2022; Ref: scu.625562