Category: Crime

Yaryare and Others v Regina: CACD 13 Oct 2020

Appeal from convictions of public order offences – challenges to use of identification evidence.

Judges:

Lord Justice Fulford

Citations:

[2020] EWCA Crim 1314

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – McGreevy v Director of Public Prosecutions HL 1973
No Need for Direction on Circumstantial Evidence
M was charged with murdering Margaret Magee in her house. no one claimed to have seen the murder and the evidence was entirely circumstantial. When he was first tried, the jury failed to reach a verdict, but at a subsequent trial he was found guilty . .
Cited – Regina v Fergus CACD 29-Jun-1993
A judge should withdraw a case which was based on poor identification evidence, and the prosecution must be sure to disclose all identification evidence. ‘In a case dependent on visual identification, and particularly where that is the only . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 April 2022; Ref: scu.654614

Director of Public Prosecutions v Camp: Admn 15 Dec 2017

The court was asked whether, at least in the particular circumstances of the case, self-induced intoxication could properly amount to a ‘reasonable excuse’ for failing to provide a specimen of breath for analysis, for the purposes of an alleged offence under section 7(6) of the 1988 Act.
Held: In these particular xircumstances, no.

Judges:

Lindblom LJ, Edis J

Citations:

[2017] EWHC 3119 (Admin)

Links:

Bailii

Statutes:

Road Traffic Act 1988 7(8)

Jurisdiction:

England and Wales

Road Traffic, Crime

Updated: 03 April 2022; Ref: scu.602583

Bowen v Secretary of State for Justice: CA 20 Dec 2017

The appellants challenged dismissal of their claims for judicial review of their detention following conviction and for alleged breaches by the respondent of public law duty and violation of Article 5 of the European Convention on Human Rights and Fundamental Freedoms. Each complained of the delays in their release following decisions by the Parole Board for licensed release.

Judges:

Sir Terence Etherton MR. McCombe LJ, Sir Ernest Ryder SPT

Citations:

[2017] EWCA Civ 2181

Links:

Bailii

Statutes:

Eurpean Convention on Hman Rights

Jurisdiction:

England and Wales

Crime, Human Rights, Prisons

Updated: 03 April 2022; Ref: scu.602601

Rejmanski, Regina v: CACD 19 Dec 2017

Defendants appealed from convictions for murder saying that the judge had wrongly deprived them of partial defences under the 2009 Act by disalllowing their mental disorders as relevent to the assessment of ‘the circumstances of the defendant’

Judges:

Hallett VP CACD, Spencer,Lavender JJ

Citations:

[2017] EWCA Crim 2061

Links:

Bailii

Statutes:

Coroners and Justice Act 2009 54(1)

Jurisdiction:

England and Wales

Crime

Updated: 02 April 2022; Ref: scu.601869

T v Secretary of State for Justice: Admn 7 Dec 2017

Application for judicial review, seeking a declaration of incompatibility under s. 4(2) of the Human Rights Act 1998 in relation to the prohibition on assisted suicide contained in s. 2(1) of the Suicide Act 1961

Judges:

Sir Brian Leveson P QBD,Whipple DBE J

Citations:

[2017] EWHC 3181 (Admin)

Links:

Bailii

Statutes:

Human Rights Act 1998 4(2), Suicide Act 1961 2(1)

Jurisdiction:

England and Wales

Human Rights, Health Professions, Crime

Updated: 02 April 2022; Ref: scu.601446

Skelton, Regina (on The Application of) v Winchester Crown Court: Admn 5 Dec 2017

The Court was asked whether the Crown Court could properly refuse to state a case for the opinion of the divisional court, having convicted a defendant, on her appeal from the magistrates’ court, of an offence of common assault. She was evicted from a pblic meeting before it began, and was accused of having kicked the PCSO who removed her. Her main grievance was that the Crown Court should have dealt with a defence of lawful self-defence and having failed to do so, rendered her conviction unsafe.
Held: The issue of self-defence might have arisen, but the claimant had denied the assault alleged. The denial was inconsistent with the concept of having so acted in self defence: ‘Indeed, it was directly contrary to that defence.’
The four questions originally presented to the Crown Court, though framed as if they were questions of law, were all questions that go to its findings of fact. As such they were misconceived.

Judges:

Lindblom LJ, Edis J

Citations:

[2017] EWHC 3118 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

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 – Bracegirdle v Oxley and Cobley 1947
The facts proved or admitted pointed inescapably to the conclusion that the drivers had driven dangerously. But the justices, in defiance of Divisional Court authority, concluded that the driving was not dangerous. The point has been decided . .
Mentioned – Regina v Reigate Justices, ex parte Counsell 1984
. .
Cited – The Director of Public Prosecutions v Bailey PC 15-Dec-1993
Court of Appeal of Jamaica – A lawfully armed Jamaican policeman fell into confrontation with two others. During the confrontation he shot one of them and claimed he did so in self-defence.
Held: In those circumstances it was clear that . .
Cited – Regina v Ealing Magistrates’ Court, ex parte Woodman 1994
. .
Cited – Sunworld Limited v Hammersmith and Fulham London Borough Council QBD 2000
The company faced a prosecution under the 1968 Act, in respect of a brochure. On conviction, the company asked the Crown Court to state a case for the Divisional Court. The Recorder refused as to two points, saying that they were decisions of fact . .
Cited – Laporte and Another v The Commissioner of Police of The Metropolis QBD 31-Oct-2014
Turner J setout a series of propositions relating to the use of force in excluding people from public meetings: ‘i) Those running a public meeting, including local authorities, have a common law power (or perhaps duty in certain circumstances) to . .
Cited – Wood v Director of Public Prosecutions Admn 14-May-2008
The defendant challenged his conviction for obstructing a police officer and threatening behaviour. The officer had taken hold of him to restrain him, not intending to arrest him, but only to establish whether he was a person they were looking for. . .
Cited – Regina v Fennell CACD 1971
A father was accused of assaulting a police constable in order to release his son from custody. He pleaded self defence, saying that he had believed the arrest unlawful.
Held: The defence failed. A defendant seeking to justify an assault, . .
Cited – Bird, Regina v CACD 22-Mar-1985
The court considered the factors to be accounted in a defence of self-defence. Lord Lane LCJ said: ‘If the defendant is proved to have been attacking or retaliating or revenging himself, then he was not truly acting in self-defence. Evidence that . .
Lists of cited by and citing cases may be incomplete.

Crime, Criminal Practice

Updated: 02 April 2022; Ref: scu.601444

Corway v Independent Newspapers (Ireland) Limited: 30 Jul 1999

(Supreme Court of Ireland)

Judges:

Hamilton CJ, Barrington J, Murphy J, Lynch J, Barron J

Citations:

[2000] 1 ILRM 426, [1999] 4 IR 485, [1999] IESC 5

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Taylor’s Case 1676
(Year?) An iriformatiori exhibited against him in the Crown Offce, for uttering of dlvers blasphemous expressions, horrible to hear, (viz.) that Jesus Christ was a bastard, a whoremaster, religion was a cheat ; and that he neither feared God, the . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Crime

Updated: 02 April 2022; Ref: scu.599752

Gilfoyle, Regina (on The Application of) v Criminal Cases Review Commission: Admn 24 Nov 2017

Renewed application for permission to apply for judicial review of a decision by the Criminal Cases Review Commission not to refer the claimant’s conviction for murder to the Court of Appeal.

Judges:

Sharp LJ, Sweeney J

Citations:

[2017] EWHC 3008 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 01 April 2022; Ref: scu.599701

Robson v Hallett: CA 1967

A police officer had been impliedly invited onto land, and was asked to leave, but was then assaulted before he had chance to leave.
Held: The conviction was upheld.
There is an implied licence available to members of the public on lawful business to approach the front door of a house and seek entry. The occupier will not however be heard to say that while he or she had neither done nor said anything to negate or revoke any such licence, it should not be implied because subjectively he or she had not intended to give it
Where an unwanted visitor who presents himself at the front door, is asked in but then told to go, he must leave immediately, taking the quickest route back to the highway and not delaying. His period of grace may be measured in minutes
Lord Parker CJ: ‘It seems to me that when a licence is revoked as a result of which something has to be done by the licensee, a reasonable time must be implied in which he can do so, in this case to get off the premises; no doubt it will be a very short time, but he was doing here his best to leave the premises.’
Diplock LJ: `When a householder lives in a dwelling house to which there is a garden in front and does not lock the gate of the garden, it gives an implied licence to any member of the public who has lawful reason for doing so to proceed from the gate to the front door or back door and to inquire whether he may be admitted and to conduct his lawful business’. And ‘The points are so simple that the combined researches of counsel have not revealed any authority upon them. There is no authority because no one has thought it plausible up till now to question them.’ and ‘the sergeant had a reasonable time to leave the premises by the most appropriate route for doing so, namely, out of the front door, down the steps and out of the gate, and, provided that he did so with reasonable expedition, he would not be a trespasser while he was so doing.’

Judges:

Diplock LJ, Lord Parker CJ

Citations:

[1967] 2 QB 939, [1967] 2 All ER 407, (1967) 51 Cr App R 30, [1967] 3 WLR 28

Jurisdiction:

England and Wales

Cited by:

Cited – Wayne Fullard, Ryan Roalfe, Regina (on the Application Of) v Woking Magistrates’ Court Admn 16-Nov-2005
The defendants challenged convictions for assaulting police officers acting in the course of their duty. They said the officers were not so acting. The first defendant had been stopped in a vehicle which had left the scene of an accident. At the . .
Cited – McConnell v Chief Constable of Greater Manchester Police CA 1990
The plaintiff sought damages from the police. She had gone into a store and refused to leave when so requested. The police officer escorted her from the premises. She tried to re-enter the premises, and the officer exercised his common law right to . .
Mentioned – 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 . .
Cited – Gibson v Douglas and Another CA 8-Dec-2016
Appeal against rejection of claim for damages for wrongful eviction and damages to goods.
Held: The judge had found not that the defendant had failed to give appropriate notice, but that he had not been personally involved other than as an . .
Lists of cited by and citing cases may be incomplete.

Land, Crime

Updated: 01 April 2022; Ref: scu.241688

London Borough of Hackney, Regina (on the Application Of) v Rottenberg: Admn 24 Jan 2007

Appeal by case stated by the London Borough of Hackney against the decision of the Crown Court at Southwark to allow an appeal against conviction for six offences of breach of an enforcement notice: ‘Each of the six informations charged the respondent that without reasonable excuse he failed to comply with the abatement notice which had been served on him on 14 October 2004, and which required him ‘to immediately cease shouting, chanting and jumping on internal floors to the property so as not to cause a nuisance to the occupiers of neighbouring properties’.

Citations:

[2007] EWHC 166 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990 80

Jurisdiction:

England and Wales

Planning, Crime

Updated: 01 April 2022; Ref: scu.248940

Perka v The Queen: 1984

(Canada) The court analysed the defence of necessity. The concept of necessity is used as an excuse for conduct which would otherwise be criminal. The defence arose where, realistically, the individual had no choice, where the action was ‘remorselessly compelled by normal human instincts’, and, per Dickson J: ‘I agree with this formulation of the rationale for excuses in the criminal law. In my view this rationale extends beyond specific codified excuses and embraces the residual excuse known as the defence of necessity. At the heart of this defence is the perceived injustice of punishing violations of (Canada) The law in circumstances in which the person had no other viable or reasonable choice available; the act was wrong but it is excused because it was realistically unavoidable.’ The involuntariness of the actor’s conduct ‘is measured on the basis of society’s expectation of appropriate and normal resistance to pressure’ and ‘If the defence of necessity is to form a valid and consistent part of our criminal law it must, as has been universally recognised, be strictly controlled and scrupulously limited to situations that correspond to its underlying rationale.’
Wilson J said: ‘The ethical considerations of the ‘charitable and the good’ must be kept analytically distinct from duties imposed by law. Accordingly, where necessity is invoked as a justification for violation of the law, the justification must, in my view, be restricted to situations where the accused’s act constitutes the discharge of a duty recognised by law. The justification is not, however, established simply by showing a conflict of legal duties. The rule of proportionality is central to the evaluation of a justification premised on two conflicting duties since the defence rests on the rightfulness of the accused’s choice of one over the other.’

Judges:

Dickson J, Wilson J

Citations:

[1984] 2 SCR 232, 13 DLR (4th) 1

Jurisdiction:

Canada

Cited by:

Cited – In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
Cited – Hasan, Regina v HL 17-Mar-2005
The House was asked two questions: the meaning of ‘confession’ for the purposes of section 76(1) of the 1984 Act, and as to the defence of duress. The defendant had been involved in burglary, being told his family would be harmed if he refused. The . .
Cited – Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004) CACD 27-May-2005
Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 April 2022; Ref: scu.213655

Robinson, Regina v: CACD 14 Jun 2017

The appellant had escaped from custody between conviction and sentence. After re-arrest he was charged with absconding, but also sentenced at prison to an additional term for escaping. He now claimed autrefois convict.
Held: The decision of the prison adjudicator was through no fault of his own, so wrong in law as to be outside or in excess of jurisdiction. The decision of the independent adjudicator was void ab initio but not merely voidable.

Judges:

Sir Brian Leveson P QBD, Haddon Cave J, Inman QC HHJ

Citations:

[2017] EWCA Crim 936, [2017] WLR(D) 698

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Hogan CA 1960
A prison adjudication in relation to an escaped prisoner did not prevent subsequent criminal proceedings in respect of the same escape . .
Cited – Webster v Lord Chancellor CA 14-Jul-2015
The claimant appealed against rejection of his allegations against his trial judge of bad faith. He had been convicted at trial, but later released.
Held: The appeal failed. The allegations made that errors of approach of a Crown Court judge . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 April 2022; Ref: scu.598720

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.

Citations:

[2017] EWHC 2447 (Admin), [2017] WLR(D) 634

Links:

Bailii, WLRD

Statutes:

Suicide Act 1961 2

Jurisdiction:

England and Wales

Cited by:

At Admn – 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 Admn – 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. . .
At Admn – 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.

Health Professions, Crime

Updated: 01 April 2022; Ref: scu.598384

Regina v Searby and Another: CACD 7 Jul 2003

The defendant had been accused of storing unlicensed pesticides. He sought to argue that the European Regulations had been implemented in the UK in an unduly restrictive form. He entered a plea of guilty on a ruling that it was not open to him to challenge the regulations.
Held: The Regulations, which sought to control the use of parallel imports of pesticides, did appear to implement the regulation more tightly. The definition of what was materially identical to an approved pesticide created unnecessarily restrictions on approvals. The Directive was of direct effect. Boddington did not apply, but the importance of the case to the defendant was not properly a Boddington condition of challenging the legislation.

Judges:

Buxton LJ, Gibbs, Paget QC JJ

Citations:

Times 29-Aug-2003

Statutes:

Council Directive 91/414/EEC, Control of Pesticides Regulations 1986 (1986 No 1510), Food and Environment Protection Act 1985 16(12)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for Transport, ex parte Factortame (No 2) HL 11-Oct-1990
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Lists of cited by and citing cases may be incomplete.

Crime, Environment, European

Updated: 01 April 2022; Ref: scu.185806

Regina v Wilson: CACD 1974

Citations:

[1974] 58 Cr App R 304

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Romeo CACD 9-Sep-2003
The defendant appealed his conviction for sex offences, saying the court had misdirected the jury as to the weight to be given to the distress shown by the complainant as corroboration of her allegation.
Held: Old cases should be looked at . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 April 2022; Ref: scu.186528

Regina v Parker (Daryl): CACD 1977

In a temper the defendant broke a telephone by smashing the handset violently down on to the telephone unit.
Held: Applying but modifying Briggs, the defendant had been fully aware of all the circumstances and, if ‘he did not know, as he said he did not, that there was some risk of damage, he was, in effect, deliberately closing his mind to the obvious – the obvious being that damage in these circumstances was inevitable.’ Briggs was modified thus: ‘A man is reckless in the sense required when he carried [sic] out a deliberate act knowing or closing his mind to the obvious fact that there is some risk of damage resulting from that act but nevertheless continuing in the performance of that act.’

Judges:

Scarman and Geoffrey Lane LJJ and Kenneth Jones J

Citations:

[1977] 1 WLR 600

Statutes:

Criminal Damage Act 1971 1(1)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Briggs (Note) CACD 1977
The defendant caused damage to a car. The appeal turned on the trial judge’s direction on the meaning of ‘reckless’.
Held: The conviction was set aside. The judge had not adequately explained that the test to be applied was that of the . .

Cited by:

Cited – Regina v G and R HL 16-Oct-2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the . .
Cited – Commissioner of Police v Caldwell HL 19-Mar-1981
The defendant got drunk and set fire to the hotel where he worked. Guests were present. He was indicted upon two counts of arson. He pleaded guilty to the 1(1) count but contested the 1(2) charge, saying he was so drunk that the thought there might . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 April 2022; Ref: scu.186785

Regina v Halai: CACD 15 Jul 1982

The defendant went to his solicitor, who was also an agent of a building society, to raise a mortgage to purchase a house. The defendant gave false details in the form which was intended to induce the building society to make an advance. He signed the document. He was charged with dishonestly attempting to obtain from the building society a service, namely a mortgage advance, by deception. He was convicted.
Held: His conviction was quashed. A mortgage advance cannot be described as a service. A mortgage advance is the lending of money for property and can properly be charged under section 15 of the 1968 Act, if the facts support it. The services which the defendant was alleged to have obtained, or to have attempted to obtain, were respectively the opening of a savings account; a mortgage advance: and the increase of an apparent credit balance in a savings account.

Citations:

[1983] Crim LR 624

Statutes:

Theft Act 1978 1 15

Jurisdiction:

England and Wales

Cited by:

Distinguished – Regina v Widdowson CACD 1986
The defendant made dishonest representations in a document which might, at a later stage, have led to a hire purchase agreement.
Held: Obtaining a hire purchase agreement can amount to the obtaining of services. Halai held that a mortgage . .
Per incuriam – Regina v Teong Sun Chuah CACD 1991
. .
Cited – Regina v Cooke CACD 2-Dec-1996
The defendant had been convicted upon his admission, and sentenced a later decision in another case indicated that the basis of his plea might be wrong. He sought permission to apply for leave to appeal out of time.
Held: Leave to appeal was . .
Not followed – 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 . .
Cited – Sofroniou v Regina CACD 18-Dec-2003
The defendant appealed conviction on charges of obtaining services by deception under the section. He had obtained a credit card dishonestly and operated bank accounts dishonestly over a period of time.
Held: His acts could constitute the . .
Cited – Smith (Wallace Duncan), Regina v (No 4) CACD 17-Mar-2004
The defendant appealed convictions for fraudulent trading and obtaining property by deception, saying that the English court could not prosecute an offence committed principally in the US.
Held: Provided some substantial element (here the . .
Cited – Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals) HL 10-Jul-1996
The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception.
Held: A chose in action created by an electronic bank transfer was not property which was capable of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 April 2022; Ref: scu.183258

Director of Public Prosecutions v Ziegler and Others: SC 25 Jun 2021

In criminal proceedings arising out of protest activity: (1) is deliberate physically obstructive conduct by protesters capable of constituting a lawful excuse for the purposes of s.137 of the Highways Act 1980?; and (2) what is the test to be applied by an appellate court to an assessment of the decision of the trial court in respect of a statutory defence of ‘lawful excuse’ when Convention rights are engaged in a criminal matter?

Judges:

Lord Hodge, Deputy President, Lady Arden, Lord Sales, Lord Hamblen, Lord Stephens

Citations:

[2021] UKSC 23, [2021] 3 WLR 179

Links:

Bailii, Bailii Press Summary, Bailii Issues and Facts

Statutes:

Highways Act 1980 137

Jurisdiction:

England and Wales

Cited by:

Cited – Director of Public Prosecutions v Cuciurean Admn 30-Mar-2022
Whether the decision of the Supreme Court in DPP v. Ziegler [2021] UKSC 23; [2021] 3 WLR 179 requires a criminal court to determine in all cases which arise out of ‘non-violent’ protest whether the conviction is proportionate for the purposes of . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 01 April 2022; Ref: scu.665996

Regina v Mallett: CACD 1978

The defendant car dealer had made out and used a hire-purchase agreement form which falsely stated that the hirer had been a company director for a named company for several years. Relying on the information, a finance company financed the transaction. He argued that though the document was required for an accounting purpose, the false statement about the hirer was not directly connected with the accounting purpose of the document.
Held: The effect of section 17 of the 1968 Act is not to be whittled down. Knowledge of the purpose for which any record or document is made or required does not form any part of the mens rea of the offence. The section focuses on the existence of an account or record or document made or required for an accounting purpose, and these are essential ingredients of the offence.
The judge had directed the jury that ‘false in a material particular’ meant false in an important respect; something which mattered. The Court of Appeal approved the direction.

Citations:

[1978] 1 WLR 820, (1978) 67 Cr App Rep 239

Statutes:

Theft Act 1968 17

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Graham, Kansal, etc CACD 25-Oct-1996
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe.
Held: After studying the authorities at length, the court felt that the various . .
Cited – Regina v Lancaster CACD 2-Mar-2010
Whether Ommission Significant on Benefits Claim
The defendant appealed against his conviction for false accounting. He had been claiming council tax benefit and housing benefit, but had failed to notify the council of a change in his circumstances.
Held: The appeal failed. The court . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 April 2022; Ref: scu.183254

Usayi, Regina v: CACD 26 Jul 2017

Appeal from convictions and sentences imposed for unlawful sexual activity with a person with a mental disorder by a care worker.

Judges:

Gross LJ, Spencer J, Marson QC HHJ

Citations:

[2017] EWCA Crim 1394

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 31 March 2022; Ref: scu.598327

Kracher, Regina (on The Application of) v Crown Prosecution Service: Admn 30 Jul 2013

Renewed application for permission to apply for judicial review seeking to quash the decision of the Leicester Magistrates’ Court convicting of assault and an order that the case be remitted to the magistrates with a direction to acquit.

Citations:

[2013] EWHC 4627 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 31 March 2022; Ref: scu.655421