Category: Crime

Regina v Law: CACD 1 Feb 1999

The defendant appealed against a conviction for possession of a prohibited weapon, namely an MAC 10 submachine gun. It was the opinion of an expert at that laboratory that the weapon was capable of burst fire. It had been adapted to prevent this, but the adaptation was not fully effective with the result that it was still capable of automatic fire in the hands of an expert or a man with sufficient knowledge of the gun to use it for that purpose.
Held: The appeal failed. The Court rejected his argument that the prosecution had to prove that the firearm had been designed or adapted with the intention of being used as a semi-automatic weapon. The mere fact that a weapon’s capacity to discharge a missile could only be demonstrated by an expert is irrelevant to whether the weapon falls within the statutory definition of firearm.
Swinton Thomas LJ said: ‘Section 5 does not import either explicitly or implicitly any intention on the part of the designer or the adapter. The section is not framed using words such as ‘designed or adapted ‘for the purpose of’ burst fire or repeated fire. The central and vital words, in our judgment, are the words ‘can be successfully discharged’. On the agreed facts two or more missiles could be successfully discharged without repeated pressure on the trigger. Once that is proved, in our judgment, the firearm is so designed or adapted.’

Judges:

Swinton Thomas LJ, Tucker, Penry-Davey JJ

Citations:

[1999] Crim LR 837, [1999] EWCA Crim 210

Links:

Bailii

Statutes:

Firearms Act 1968 5(1A), Firearms (Amendment) Act 1988 1(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Bewley v Regina CACD 6-Jul-2012
The defendant appealed against his conviction for possession of a firearm. The crown had been able to make it discharge a pellet only by taking elaborate preparatory steps. ‘There being no dispute but that the starting pistol was a lethal-barrelled . .
Cited – Regina v Rhodes CACD 20-Jan-2015
Appeal from conviction on 22 counts of possessing, purchasing or acquiring, manufacturing, selling or transferring a prohibited weapon, contrary to section 5(1) (b) of the Firearms Act 1968. He had sold guns which were incapable of firing bullets, . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 March 2022; Ref: scu.156610

Hudson v Crown Prosecution Service: Admn 28 Apr 2017

Appeal by way of case stated from the decision of the Birmingham Magistrates’ determining that the building in question was a ‘dwelling’ for the purposes of s.9(3)(a) of the 1968 Act.

Judges:

Gross LJ, Ouseley J

Citations:

[2017] EWHC 841 (Admin), [2017] WLR(D) 309

Links:

Bailii, WLRD

Statutes:

Theft Act 1968 9(3)(a)

Jurisdiction:

England and Wales

Crime

Updated: 24 March 2022; Ref: scu.582147

Conway, Regina (on The Application of) v The Secretary of State for Justice: CA 12 Apr 2017

Application for permission to appeal against the decision of the Divisional Court refusing permission to apply for judicial review to seek a declaration under section 4(2) of the Human Rights Act 1998 that section 2(1) of the Suicide Act 1961 (‘the 1961 Act’) is incompatible with the European Convention on Human Rights.

Judges:

McFarlane, Beatson LJJ

Citations:

[2017] EWCA Civ 275

Links:

Bailii

Jurisdiction:

England and Wales

Human Rights, Crime

Updated: 24 March 2022; Ref: scu.582087

Hamberger, Regina (on The Application of) v Crown Prosecution Service: Admn 20 May 2014

Renewed application for permission to apply for judicial review of a decision of the Crown Prosecution Service to continue with the prosecution of the claimant in relation to conspiracy to supply something over 200 kilos of cannabis resin, and four offences under section 5(1)(b) of the Firearms Act 1968 in relation to the purchase of weapons for discharging of CS gas.

Citations:

[2014] EWHC 2814 (Admin)

Links:

Bailii

Statutes:

Firearms Act 1968

Jurisdiction:

England and Wales

Crime

Updated: 24 March 2022; Ref: scu.581641

Johnson, Regina v: CACD 10 Mar 2017

Appeal against conviction (on plea) of smuggling drugs and mobile SIM cards into prison. His defence statement indicated that he had acted under pressure and in ignorance.
Held: The appeal failed. A charge under either section 40B(1)(a) or section 40C(1)(a) of the Prison Act 1952 was proved once it was established that the defendant knew he was carrying something prohibited into the prison. He did not need that he knew precisely what it was, but only it was a package containing prohibited material.

Judges:

Rafferty LJ, Morris J, McCreath Rec Westminster

Citations:

[2017] EWCA Crim 189, [2017] WLR(D) 170

Links:

Bailii, WLRD

Statutes:

Prison Act 1952

Jurisdiction:

England and Wales

Crime, Prisons

Updated: 23 March 2022; Ref: scu.580923

Blackman, Regina v: CACD 15 Mar 2017

The defendant appealed against his conviction for murder. As an army officer serving in Afghanistan he had killed an injured captured insurgent.
Held: The defendant had at the time of the offence suffered a recognised psychiatric condition, and a conviction for manslaughter was substituted.

Citations:

[2017] EWCA Crim 190

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Blackman, Regina v CACD 22-May-2014
The appellant had been convicted of murder. As an Army sergeant serving in Afghanistan, he had killed a captured insurgent. . .

Cited by:

See Also – Blackman, Regina v (Media) CACD 28-Mar-2017
The defendant officer appealed against his conviction for murder. Whilst serving a s an officer in Afghanistan, he had killed a captured soldier. That conviction had been quashed and a conviction for manslaughter on diminished responsibility . .
See Also – Blackman, Regina v (Sentence) CACD 28-Mar-2017
Sentence – manslaughter of prisoner
The defendant whilst serving in Afghanistan had killed a prisoner. His appeal against his conviction for murder had been successful, and a conviction for manslaughter had been substituted on the basis that he was at the time suffering a recognised . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 23 March 2022; Ref: scu.580921

Regina v Gosney: CA 1971

The defendant was driving on an unfamiliar side road and met a main road. She turned right into oncoming traffic. She was driving in the wrong direction on the carriageway. She was not allowed at trial, to adduce evidence that there was no signage to indicate that she was obliged to turn left, and that the road was unfamiliar to her.
Held: The offence of dangerous driving had two requirements. First that, objectively speaking, the driving was dangerous, and second, that the defendant was in some way at fault. The offence of dangerous driving is not an absolute offence. The court should have admitted her evidence and therefore the appeal succeeded.
‘Fault’ does not necessarily involve deliberate misconduct or recklessness, or an intention to drive in a manner inconsistent with proper standards of driving; nor does it necessarily involve moral blame. Fault involved failure that is a falling below the standard of care or skill of a competent and experienced driver. Fault in this sense even though it is slight, or is a momentary lapse will be sufficient, if, if looked at sensibly, it is a cause of the dangerous situation although not necessarily the sole cause. Fault will be sufficiently proved by inference from the facts of the situation, but an accused is not precluded from avoiding that inference by proving some special fact relevant to the question of fault.
The Court overruled earlier cases suggesting that dangerous driving is an absolute offence.

Judges:

Megaw LJ

Citations:

[1971] 3 All ER 220, [1971] 2 QB 674, [1971] 3 WLR 343, 135 JP 529, 115 Sol Jo 608, 55 Cr App Rep 501, [1971] RTR 321

Jurisdiction:

England and Wales

Crime, Road Traffic

Updated: 23 March 2022; Ref: scu.655418

Regina v Metcalf, Denton, Foster: 26 May 2021

Public Inquiry is not In the Course of Justice

(Crown Court at Manchester) A retired solicitor and two retired police officers faced trial charged with doing acts tending and intended to pervert the course of public justice. They were said to have proposed alterations to statements of police officers to be used before a public enquiry into the Taylor Hillsborough Disaster. They submitted that they had no case to answer since the Enquiry was not part a process or public justice.
Held: The status of the enquiry was that it was not part of public justice, and so no offence had been shown, and there was no case to answer.

Judges:

Mr Justice William Davis

Citations:

[2021] EW Misc 8 (CC)

Links:

Judiciary, Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Cited – Goddard and Another v Regina CACD 27-Jul-2012
In relation to a case based on inferences, Aikens LJ summarised the principles in Galbraith on a submission of no case to answer: ‘(1) in all cases where a judge is asked to consider a submission of no case to answer, the judge should apply the . .
Cited – Attorney General v British Broadcasting Council HL 1981
The House had to consider whether a local valuation court was a court for the purposes of the powers of the High Court relating to contempt.
Held: A body, which has a judicial function, was a court, whereas if it has an administrative . .
Cited – Badry v The Director of Public Prosecutions PC 15-Nov-1982
(Mauritius) The applicant appealed three counts of contempt of court, arising from speeches made by him in the political debate. He had been a minister, but was subject to investigation for fraud. To found a appeal he had to show some blatant or . .
Cited – General Medical Council v British Broadcasting Corporation CA 10-Jun-1998
Consideration was given to the position of the Professional Conduct Committee of the General Medical Council as constituted. The committee exercised disciplinary powers over registered medical practitioners. For the purposes of contempt of court, . .
Cited – United States of America v Dempsey Admn 6-Jul-2018
Crime – Common law offence – Perverting course of justice – Requirements of offence – Whether committed by lying to police . .
Cited – Regina v Cotter and Others CACD 10-May-2002
The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 23 March 2022; Ref: scu.662803

Wood, Regina v (No 1): CACD 20 Jun 2008

The defendant appealed against his conviction for murder, saying that he suffered from alcohol dependency syndrome, and that this amounted to a diminished responsibility.
Held: The appeal succeeded and and a conviction for manslaughter was substituted. Whether or not brain damage has occurred, a live issue of diminished responsibility may nonetheless fall to be determined by the jury, namely, where there is evidence that alcohol or drug dependency has reached such an extent or nature in the particular case that it constituted an abnormality of mind and where there is evidence that that abnormality impacted upon responsibility for the criminal act in question.
Sir Igor Judge P said: ‘Dealing with the point very broadly, the consumption of alcohol before a defendant acts with murderous intent and kills cannot, without more, bring his actions within the concept of diminished responsibility. On its own, voluntary intoxication falls outside the ambit of the defence. This is consistent with the general approach of the law that, save in the context of offences of specific intent and proof of that intent, criminal acts committed under the influence of self induced intoxication are not for that reason excused. Public policy proceeds on the basis that a defendant who voluntarily takes alcohol and behaves in a way which he might not have behaved when sober is not normally entitled to be excused from the consequences of his actions . . In the context of diminished responsibility, alcoholism has now been recognised as a disease which may fall within the ambit of s.2 of the 1957 Act. The principle was summarised in the Court of Appeal in Dietschmann by Rose LJ . .’

Judges:

Sir Igor Judge P

Citations:

[2008] EWCA Crim 1305, [2008] Crim LR 976, [2008] 2 Cr App R 34, [2008] 3 All ER 898, [2009] 1 WLR 496

Links:

Bailii

Statutes:

Homicide Act 1957 2

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Dietschmann HL 27-Feb-2003
Voluntary drunkenness No Diminished Responsibility
The defendant had been convicted of murder. At the time of the assault, he was both intoxicated to the point of losing his inhibitions and was also suffering an abnormality of mind sufficient substantially to reduce his mental responsibility.

Cited by:

See Also – Wood, Regina v (No 2) CACD 2-Apr-2009
The defendant appealed against his sentence to life imprisonment after conviction for manslaughter on the grounds of diminished responsibility.
Held: The court faced two questions. Did the case require a sentence of life imprisonment, and also . .
Cited – Regina v Khan CACD 27-Jul-2009
On his trial for murder the defendant produced unchallenged expert evidence that at the time of the offence, his mental responsibility for the killing was substantially impaired by his mental illness. He said that in these circumstances the charge . .
Cited – Stewart, Regina v CACD 26-Mar-2009
The defendant appealed against his conviction for murder, saying that the judge should have directed the jury as to the impact of alcohol dependency syndrome on his plea of diminished responsibility where there had been no discernible brain damage. . .
Cited – Dowds v Regina CACzD 22-Feb-2012
The defendant appealed against his conviction for murder, saying that he should have been allowed to rely on a plea of diminished responsibility given the changes to section 2 of the 1957 Act introduced in 2009. He said that his alcoholism should . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 23 March 2022; Ref: scu.270208

Regina v Phipps: CACD 1970

Where a person has been given permission by the owner of a motor vehicle to take and use it for a particular purpose, but on completion of that purpose fails to return it and thereafter uses it without any reasonable belief that the owner would consent to the use, he is to be regarded as having taken the vehicle without the owner’s consent or other lawful authority.

Citations:

(1970) 54 Cr App R 300

Statutes:

Theft Act 1968 12

Jurisdiction:

England and Wales

Cited by:

Approved – McNight v Davies 1974
The court considered whether a driver had teken a vehicle without the owners consent, and having had that consent for one purpose, continued to use the car beyond that purpose: ‘[n]ot every brief, unauthorised diversion from his proper route by an . .
Cited – McMminn v McMinn and Another QBD 11-Apr-2006
The claimant had been severely injured in a car crash when his younger brother was driving. The driver did not have the owner’s permission to drive, and the insurer sought to avoid laibility.
Held: ‘insurers do not have to prove that the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 23 March 2022; Ref: scu.242637

Regina v Taaffe: CACD 1983

The defendant appealed a conviction for having been knowingly concerned in the fraudulent evasion of the prohibition on the importation of cannabis resin. He said he had done so at the request of a someone but that he believed the substance to be currency which he thought was not controlled. The recorder had ruled that he would be obliged to direct the jury that, even upon the defendant’s version of events, they would be obliged to convict. He pleaded guilty.
Held: The appeal was allowed. While it was not essential for a conviction for the Crown to prove that the defendant knew the precise nature of the goods that were being imported, he was to be judged on the facts as he believed them to be.

Judges:

Lord Lane CJ

Citations:

[1983] 1 WLR 627

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Hussain CACD 1969
The only mens rea necessary for proof of any offence of importing drugs was the knowledge that the goods were subject to a prohibition on importation. The accused must know ‘that what is on foot is the evasion of a prohibition against importation . .

Cited by:

Appeal from – Regina v Taaffe HL 1984
For the purpose of section 170(2) of the 1979 Act a defendant must be judged on the facts as he believed them to be, such matter being an integral part of the inquiry as to whether he was knowingly concerned in a fraudulent evasion of a prohibition . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 23 March 2022; Ref: scu.237678

Regina v Souter: CACD 1971

The word ‘permitting’ connotes knowledge of that which is said to be permitted.

Citations:

(1971) 55 Cr App R 403

Statutes:

Dangerous Drugs Act 1965 5(b) 8(d)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Bett CACD 12-Oct-1998
A conviction under section 8(b) for permitting premises to be used for the supply of controlled drugs was correct without evidence of knowledge of the particular drug supplied even though particular drugs were named in the indictments. The section . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 23 March 2022; Ref: scu.237680

Regina v Fairley: CACD 2003

A section 37 order is not available to a court where a defendant has been found unfit to plead, with an additional finding fo fact that he had committed the act. That finding was not a finding of guilt.

Citations:

[2003] EWCA Crim 1625

Statutes:

Mental Health Act 1983 37

Jurisdiction:

England and Wales

Cited by:

Cited – A, Regina (on the Application of) v Harrow Crown Court and others Admn 14-Aug-2003
The applicant sought his release from detention in hospital, correction of records at the Crown Court, and confirmation that his detention had infringed his human rights. He had been accused of two assaults, but was found unfit to plead under . .
Lists of cited by and citing cases may be incomplete.

Crime, Health

Updated: 23 March 2022; Ref: scu.185684

Regina v Jones; Regina v Jenkins: CACD 5 Jun 2003

Where each of more than one defendants asserted that he was not responsible for the crime, the jury should be directed (in addition) that they should consider the case of each defendant separately, the case should be considered as a whole, including looking at he evidence of co-accused, and when considering the evidence of a co-defendant they should allow for any self-serving element, and evidence of co-accused should be considered as for anyone else. The direction was defective, the appeals were allowed, and a retrial ordered.

Judges:

Auld LJ, Silber, Owen JJ

Citations:

Times 19-Jun-2003

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Cheema CACD 5-Sep-1993
There is no rule requiring full a corroboration direction to be given for a co-defendant’s evidence to be admitted. The Court of Appeal recommended a review of law on corroboration of a witness’s evidence. Lord Taylor CJ said: ‘The rule of practice . .
Cited – Regina v Knowlden and Knowlden CACD 1983
The court set out warnings for the jury when considering evidence from a co-accused. The rule in Prater was not a rule of law but ultimately in the discretion of the judge: and that ‘the customary clear warning to examine the evidence of each . .
Lists of cited by and citing cases may be incomplete.

Crime, Evidence

Updated: 23 March 2022; Ref: scu.183673

Regina v Grossman: CA 1981

An application was made against Barclays Bank in London to obtain inspection of an account held at a branch of the bank in the Isle of Man.
Held: The Civil Division of the Court of Appeal which determined the application was later held to have lacked jurisdiction to do so (Bonalumi) but no doubt was thrown on the opinions expressed at pages 308-309 of the judgment. The Manx branch was a different entity from the bank’s head office in London and any order in respect of the production of the books should be made by the Manx court and not the English court. Otherwise there was a risk of jurisdictional conflict which must be avoided.

Judges:

Lord Denning MR, Shaw and Oliver LJJ

Citations:

(1981) 73 Cr App R 302

Jurisdiction:

England and Wales

Citing:

Cited – Ex parte Alice Woodhall CA 8-May-1888
Extradition proceedings are in their nature criminal proceedings. Lindley LJ said: ‘Can we say that the application in the present case is not an application in a criminal cause or matter? I think that in substance it certainly is. Its whole object . .

Cited by:

Not Followed – Bonalumi v Secretary of State for the Home Department CA 1985
In the course of extradition proceedings, an order was obtained under the 1879 Act. The defendant sought to appeal against the order, and applied to the Court of Appeal.
Held: The procedure under the 1879 Act was in the course of criminal . .
Approved in part – Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation HL 12-Jun-2003
The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged.
Held: A third party debt order is a proprietary remedy operating . .
Approved – MacKinnon v Donaldson, Lufkin and Jenrette Securities Corporation ChD 1986
A plaintiff in an English action had obtained an order against an American bank, served on its London office, requiring production of books and papers at its New York head office.
Held: The court pointed out the distinction between ‘personal . .
Cited – Mahme Trust v Lloyds TSB Bank plc ChD 29-Jul-2004
The claimant began an action in England. The defendant sought a stay, saying the appropriate forum was Switzerland.
Held: The defendant was a truly multi-national orgaisation and had branches in many countries. The choice of forum belongs to . .
Lists of cited by and citing cases may be incomplete.

Crime, Jurisdiction

Updated: 23 March 2022; Ref: scu.183546

Jones and Lloyd v Director of Public Prosecutions: Admn 23 Jan 1997

The appellants had been peacefully protesting at Stonehenge. They were among others who refused to leave when ordered to do so under an order made by the police officer in charge declaring it to be a trespassory assembly under the 1986 Act. They appealed saying that the assemply had been on a public highway, and that their presence was not a public nuisance. The conviction was quashed at the Crown Court who then stated a case.
Held: The prosecutor’s appeal succeeded. The trespassory assembly law was valid since there is no general right to assemble on a highway. At common law, an assembly on the highway, however peaceable, exceeds the limits of the public’s right of access. Article 11.1 does not create a right of assembly on the public highway, as opposed merely to a toleration of assemblies.

Judges:

Collins J, McCowan LJ

Citations:

Gazette 12-Feb-1997, Times 27-Jan-1997, [1997] EWHC Admin 55, [1997] 2 All ER 199

Links:

Bailii

Statutes:

Public Order Act 1986 14B(2), European Convention on Human Rights 11.1

Jurisdiction:

England and Wales

Citing:

Cited – Dovaston v Payne CCP 10-Jan-1795
A plea in bar of an avowry for taking cattle damage-feasant, that the cattle escaped from a public highway into the locus in quo, through the defect of fence, must show that they were passing on the highway when they escaped; it is not sufficient to . .
Cited – Ex parte Lewis (The Trafalgar Square Case) QBD 2-Jul-1888
L sought to assert a right to hold public meetings in Trafalgar Square.
Held: (obiter) There was no public right to occupy Trafalgar Square for the purpose of holding public meetings. The Commissioners of Works and Public Buildings (in whom . .
Cited – Hirst and Agu v Chief Constable of West Yorkshire QBD 1987
The defendants were arrested after distributing leaflets outside a furriers, and appealed against convictions for obstructing the highway.
Held: The appeals succeeded. In deciding whether there was a lawful excuse for a technical obstruction . .
Cited – Hubbard v Pitt CA 1976
Protesters handed out leaflets and carried posters outside the plaintiff’s estate agency. He claimed in trespass over the public footpath outside his premises. The defendants appealed the grant of an interlocutory injunction to prevent their . .
Cited – Nagy v Weston QBD 1965
The defendant was prosecuted after selling hot dogs from a van parked on a busy street in Oxford. The court was asked when such would become an illegal obstruction.
Held: Such a use ‘could not . . be said to be incidental to the right to pass . .
Cited – Harrison v Duke of Rutland CA 8-Dec-1893
H used a public highway crossing the defendant’s land, to disrupt grouse-shooting upon the defendant’s land. He complained after he had been forcibly restrained by the defendant’s servants from doing so. The defendant justified his actions saying . .
Cited – Hickman v Maisey CA 16-Mar-1900
A racing tout used the public highway which crossed the plaintiff’s property to watch racehorses being trained on the plaintiff’s land. On a particular occasion he walked backwards and forwards on a portion of the highway 15 yards long for a period . .
Cited – Llandudno Urban District Council v Woods 1899
A clergyman set up a pulpit and was holding services and delivering addresses on the seashore.
Held: An injunction was refused. The court discouraged actions for trespass on public highways where the inteference was trivial. In this case, . .
Cited – Burden v Rigler KBD 1911
A meeting held on the highway is not for that reason alone necessarily to be regarded as an unlawful meeting. Lawfulness depends on the facts and circumstances in each case, and in particular whether an obstruction is caused. Such a meeting may be . .
Cited – Rassemblement Jurassien Unite Jurassienne v Switzerland ECHR 10-Oct-1979
(Commission) The right to freedom of expression is one of the foundations of a democratic society. The subjection of meetings in public thoroughfares to an authorisation procedure did not normally encroach upon the essence of the right. The concern . .

Cited by:

Appeal from – Director of Public Prosecutions v Jones and Lloyd HL 4-Mar-1999
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 23 March 2022; Ref: scu.137000

Regina v Ewing: CA 1983

The admissibility of a handwriting comparison depended upon the control sample being ‘proved to the satisfaction of the judge to be genuine’.
Held: This meant that the judge had to apply the criminal standard of proof to the question.

Citations:

[1983] 2 All ER 645, [1983] 3 WLR 1, [1983] QB 1039

Statutes:

Criminal Procedure Act 1865

Jurisdiction:

England and Wales

Cited by:

Considered – Regina v Minors, Regina v Harper CACD 14-Dec-1988
In each case, the prosecution had produced a computer record to the court as evidence. The record was a computer print out. They challenged their convictions.
Held: To admit such evidence, the court had to see compliance with both sections. . .
Cited – Regina v Minors, Regina v Harper CACD 14-Dec-1988
In each case, the prosecution had produced a computer record to the court as evidence. The record was a computer print out. They challenged their convictions.
Held: To admit such evidence, the court had to see compliance with both sections. . .
Lists of cited by and citing cases may be incomplete.

Crime, Evidence

Updated: 23 March 2022; Ref: scu.182836

Attorney General’s Reference No 4 of 2002: CACD 21 Mar 2003

The defendant had been tried for an offence under the Act of being a member of a proscribed organisation, and professing membership of Hamas. At trial the Crown accepted an evidential burden, that the offence had to be read down to comply with the defendant’s article 6.2 rights, and the defendant was acquitted. A reference was made.
Held: Under Sheldrake and Lambert, an inroad into the defendant’s rights was to be judged according to the gravamen of the offence. The elements of the offence were those set out in the Act. S11(2) merely expressed a limited exception to 11(1), and did not make 11(1) non-compliant. Section 11(2) imposed a legal, not evidential, burden on a defendant.

Judges:

Lord Justice Latham The Hon Mr Justice Hunt Mr Justice Hedley

Citations:

[2003] EWCA Crim 762, Times 01-Apr-2003, Gazette 29-May-2003, [2004] 1 All ER 1, [2003] 2 Cr App R 22, [2003] HRLR 15, [2003] 3 WLR 1153

Links:

Bailii

Statutes:

Terrorism Act 2000 11(1), European Convention on Human Rights 6.2

Jurisdiction:

England and Wales

Citing:

Cited – Sheldrake v Director of Public Prosecutions Admn 24-Feb-2003
The defendant challenged the application of the section, under which he was deemed to have intended to drive a vehicle whilst under the influence of alcohol, unless he could prove it was not his intent to drive, saying this infringed his right to a . .
Cited – Regina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .

Cited by:

Appeal from – Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002 HL 14-Oct-2004
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant?
Held: Lord Bingham of Cornhill said: . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 23 March 2022; Ref: scu.180331

Shuker and Others, Re Applications for Judicial Review: QBNI 31 Mar 2004

Judges:

Kerr LCJ and Campbell LJ

Citations:

[2004] NIQB 20, [2004] 4 BNIL 35

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

Cited – Hutchings, Re Application for Judicial Review SC 6-Jun-2019
The appellant, a former army officer challenged proceedings against him as to the death of a civilian shot in Northern Ireland in 1974. His trial had been certified for trial by judge alone, and without a jury under section 1 of the 2007 Act.
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 23 March 2022; Ref: scu.195152

Barber, Regina v: CACD 17 Feb 2006

The defendant appealed an order made by the judge that the time he had spent in custody should not count toward time served.
Held: A judge considering making such an order must give advance warning to defence counsel, and provide an appropriate opportunity for representations.

Judges:

Pill LJ, Swift J, Radford J QC

Citations:

[2006] EWCA Crim 162, Times 04-Apr-2006

Links:

Bailii

Statutes:

Criminal Justice Act 2003 240(3)

Jurisdiction:

England and Wales

Crime

Updated: 09 February 2022; Ref: scu.239051

Regina v Cooke: CACD 24 Jan 1997

The defendant had been convicted of a mortgage fraud, but sought leave to appeal out of time in the light of Preddy.
Held: ‘In the light of Graham and upon our reading of section 1 of the 1978 Act we consider that the wording of subsection (2) was, prior to the 18 December 1996, in any event apt to cover the inducement of a financial institution to advance money by way of loan in any case in which the institution and the borrower both expect that payment will be made in the form of interest charges and arrangement fee or both.’

Judges:

Potter LJ

Citations:

[1997] EWCA Crim 176, [1997] Crim Law Review 436

Statutes:

Theft Act 1968 15

Jurisdiction:

England and Wales

Citing:

Followed – Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals) HL 10-Jul-1996
The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception.
Held: A chose in action created by an electronic bank transfer was not property which was capable of . .

Cited by:

Cited – Regina v Adebayo CACD 7-Jul-1997
The defendant had been employed in the probate registry, and sought by deception to conspire with others to use the information he obtained to obtain money from estates. He appealed, saying that the court should not have convicted him of obtaining . .
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 . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 09 February 2022; Ref: scu.149631

Darroch v The Director of Public Prosecution: CACD 1990

The appellant was charged with persistently soliciting a woman for the purposes of prostitution under section 2(1). He had been seen on several occasions driving his car slowly around a red light district. On one occasion he beckoned a woman towards him. As he was driving with the woman in his car, he was stopped and arrested. He was convicted by the Justices and appealed.
Held: To be persistent, at least two acts of soliciting were required. One of the acts relied upon was the beckoning of the woman to the car. The Justices were fully entitled to regard that as an act of soliciting. As to cruising in a motor vehicle, however: ‘I entirely agree that it is necessary for the prosecution to establish that the defendant, of whom it is said he has been soliciting a prostitute, had given some positive indication, by physical action or words, to the prostitute that he requires her services.’

Judges:

Watkins LJ

Citations:

[1990] 91 Cr App R 378

Statutes:

Sexual Offences Act 1985 2(1)

Jurisdiction:

England and Wales

Citing:

Cited – Behrendt v Burridge QBD 1975
The defendant, a prostitute wearing revealing clothing sat silent and motionless behind a bay window, illuminated by a red light, to advertise her services as a prostitute.
Held: She was soliciting, in the sense of tempting or alluring . .

Cited by:

Cited – Oddy, Regina (on the Application of) v Bugbugs Ltd Admn 12-Nov-2003
A private prosecutor appealed dismissal of his complaint that the respondent had operated an unlicensed man-powered rickshaw service. The district judge had held that it was not a taxi service. It was, under the 1869 Act a stage carriage and . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 09 February 2022; Ref: scu.193388

Regina v Stanford: CACD 1 Feb 2006

The defendant appealed his conviction for the unlawful interception of communications, saying that he was authorised to access the information he had obtained. He had instructed a junior employee to access emails by the use of an ID and password given to him by another senior employee.
Held: The appeal failed. The judge had taken from the Allison case that ‘right to contol’ within the subsection meant more than merely a right to access or operate a system. It mean the right to authorise or forbid the operation or the use of the system. He was correct. The object of the Act would be undermined if anyone with a generalised right of access could use that authority to access materials as he wished. The civil protections provided by the Act were and insufficient remedy on their own.

Judges:

Lord Phillips of Worth Matravers LCJ, Cresswelll J, Openshaw J

Citations:

[2006] EWCA Crim 258, [2006] 1 WLR 1554

Links:

Bailii

Statutes:

Regulation of Investigatory Powers Act 2000 1(2)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Bow Street Magistrates ex parte Government of the United States of America; In re Allison HL 2-Sep-1999
A person within an organisation who was authorised to access some data on a computer system at a particular level, could exceed his authority by accessing data at a level outside that authority. The unauthorised access offence under the 1990 Act was . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 09 February 2022; Ref: scu.238336

Neka Novin v Council: ECFI 7 Mar 2017

ECJ (Judgment) Common Foreign and Security Policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Maintenance of the applicant’s name on the list of persons concerned – Error of law – manifest error of assessment – Proportionality

Citations:

ECLI:EU:T:2017:142, [2017] EUECJ T-436/14

Links:

Bailii

Jurisdiction:

European

Banking, Crime

Updated: 09 February 2022; Ref: scu.579681

Recycled Materials Supplies Ltd, Regina v: CACD 24 Feb 2017

Appeal from conviction for failing to comply with terms of an Environmental Permit Condition

Judges:

Gross LJ, Stuart-Smith J, Stockdale QC HHJ

Citations:

[2017] EWCA Crim 58, [2017] WLR(D) 136

Links:

Bailii, WLRD

Statutes:

Environmental Permitting (England and Wales) Regulations 2010 38(2)

Jurisdiction:

England and Wales

Crime

Updated: 09 February 2022; Ref: scu.579619

Regina v Bottomley: CACD 31 Jul 2003

The defendant appealed his conviction for murder. An application had been granted for a special measures direction to allow a witness to give evidence by live video link. However the necessary order permitting this was not in effect.
Held: The Home Office had written to the court to say that it could make such orders. That was sufficient in these circumstances to validate the evidence. Any mistake was of insufficient significance to affect the decision.

Judges:

Lord Justice Potter Mr Justice Curtis His Honour Judge Rivlin Qc

Citations:

[2003] EWCA Crim 2245

Statutes:

Youth Justice and Criminal Evidence Act 1999 16 17

Jurisdiction:

England and Wales

Citing:

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 . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 09 February 2022; Ref: scu.184915

Regina v Director of Public Prosecutions: QBD 13 Apr 2005

The defendant appealed his conviction for having a bladed article under the section. He had with him a butter knife, which was wooden and with no handle or cutting edge.
Held: The court would not be drawn into discussing whether it was sharp. The Act required only that the article be bladed. The knife fell within that definition since it had a blade.

Judges:

Laws LJ, David Steel J

Citations:

Times 05-May-2005

Statutes:

Criminal Justice Act 1988 139

Jurisdiction:

England and Wales

Crime

Updated: 07 February 2022; Ref: scu.224882

Director of Public Prosecutions, Regina (on the Application of) v Humphrey: Admn 20 Apr 2005

Whether offence was racially aggravated – charge of using threatening, abusive or insulting words or behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress which was religiously aggravated in accordance with section 28 of the Crime and Disorder Act 1998, contrary to section 5(1) of the Public Order Act 1986 and section 31(1) 1998 Act.

Citations:

[2005] EWHC 822 (Admin)

Links:

Bailii

Statutes:

Public Order Act 1986, Crime and Disorder Act 1998 28

Jurisdiction:

England and Wales

Crime

Updated: 07 February 2022; Ref: scu.224928

Brown v The Queen (Jamaica): PC 13 Apr 2005

A police officer appealed against his conviction for manslaughter after being involved in a road traffic accident. Two were killed. The policemen complained as to the direction given on gross negligence manslaughter.
Held: Adomako could not apply in jurisdictions where causing a death by reckless driving is a possible alternative to a charge of manslaughter. ‘Where those statutory offences can be charged, as in Jamaica, the content of motor manslaughter must frequently bear some relation to them, in which event a definition has necessarily to be framed with reference to recklessness. There must be proof of an extra ingredient, over and above the elements proof of which will ground a charge of causing death by reckless driving, but in their Lordships’ opinion juries have to be directed on the meaning of recklessness if they are to give proper consideration to a charge of motor manslaughter. It follows that the authority of R v Seymour and R v Lawrence must still hold good in those jurisdictions, subject to the modification made by the recent decision of the House of Lords in R v G [2004] 1 AC 1034, to which their Lordships now turn. ‘ Though the judge’s directions were at fault, the faults wer not so serious as to fundamentally undermine the conviction. However in the context of the stautory charge of causing death by dangerous driving, the standard for proving manslaughter must be high. That standard had not been reached here. A conviction for the lesser offence was substituted, and the matter remitted for sentence.

Judges:

Lord Steyn, Lord Slynn of Hadley, Lord Hutton, Lord Rodger of Earlsferry, Lord Carswell

Citations:

[2005] UKPC 18, [2005] 2 WLR 1558, [2006] 1 AC 1

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Rex v Bateman CCA 1925
A doctor was convicted of manslaughter arising out of his treatment of a woman in childbirth. Lord Hewart CJ discussed the law governing manslaughter by negligence, which required, as the element distinguishing criminal from civil liability, proof . .
Cited – Regina v Shulman, Regina v Prentice, Regina v Adomako; Regina v Holloway HL 1-Jul-1994
An anaesthetist failed to observe an operation properly, and did not notice that a tube had become disconnected from a ventilator. The patient suffered a cardiac arrest and died, and the defendant was convicted of manslaughter, being guilty of gross . .
Cited – Regina v Lawrence (Stephen) HL 1981
The defendant had ridden a motor-cycle and hit a pedestrian. The court asked whether he had been reckless.
Held: The House understood recklessness as ‘a state of mind stopping short of deliberate intention, and going beyond mere inadvertence’ . .
Cited – Regina v Government of Holloway Prison, Ex parte Jennings HL 1983
J sought habeas corpus to avoid her extradition to California on a charge of manslaughter arising from a motor accident. Her counsel argued that the unlawful killing of another by the reckless driving of a motor vehicle on a road was no longer . .
Cited – Regina v Charlie Williamson 1993
(Court of Appeal of Jamaica) . .
Cited – Kong Cheuk Kwan v The Queen PC 10-Jul-1985
Two hydrofoils collided, causing deaths. The officers were charged with manslaughter.
Held: The Board applied to the situation the law which had developed for road traffic accidents. . .
Cited – Andrews v Director of Public Prosecutions HL 22-Apr-1937
The defendant was accused of manslaughter in a road traffic case.
Held: The House sought a simple definition of manslaughter which would be applicable for road traffic cases. Lord Atkin said: ‘My Lords, of all crimes manslaughter appears to . .
Cited – Regina v Seymour HL 1983
The court considered the relationship between the offences of manslaughter and causing death by reckless driving. The applicant argued that recklessness in a manslaughter case bore a different meaning from that which applied in respect of the . .
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 . .
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 . .
Cited – Elliott v C 1983
A 14-year old girl of low intelligence entered a shed, poured white spirit on the floor and set it alight. The fire destroyed the shed after she left. The allegation was that she was reckless. The justices applied Caldwell but inferred that in his . .
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 – Regina v Reid HL 1992
The defendant, convicted of causing death by reckless driving contrary asked the House to reconsider its decision in Lawrence on which the trial judge’s jury direction had been based.
Held: Lawrence remained good. (Lord Keith) ‘where the . .
Cited – Kizza Sealey and Marvin Headley v The State PC 14-Oct-2002
PC (Trinidad and Tobago) The defendant appealed his conviction. He said that his counsel had failed to ensure that the judge should mention the fact that he was of previous good character in defending him.
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 February 2022; Ref: scu.224733

AB and Others, Regina v: CACD 21 Dec 2021

‘It is said that the convictions are unsafe because the judge’s indication was so generous that the offer was irresistible to any defendant, whether guilty or not, or at least it operated to apply inappropriate pressure so that the pleas should not be regarded as truly voluntary. This is in part because of the failure to follow the procedure in R v. Goodyear [2005] EWCA Crim 888, 2005 1 WLR 2532, but only in part. It is also submitted that even if Goodyear had been properly complied with the indication given was so lenient that the pressure it applied should still have the same effect. ‘

Judges:

Lord Justice Edis

Mr Justice Hilliard

His Honour Judge Dean QC

(Sitting as a Judge of the Court of Appeal Criminal Division)

Citations:

[2021] EWCA Crim 2003

Links:

Bailii, Judiciary

Jurisdiction:

England and Wales

Citing:

Cited – Goodyear, Karl, Regina v CACD 19-Apr-2005
The defendant complained that he had pleaded guilty to a charge of corruption on the basis of an indication from the judge that he would not receive a custodial sentence. Having pleaded guilty he had then been sentenced to a six months prison . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 February 2022; Ref: scu.671627

The Director of Public Prosecutions v Pal: Admn 3 Feb 2000

Director of Public Prosecutions’ appeal by way of Case Stated against the adjudication of the Bedfordshire Justices, sitting at Bedford on 21st July 1999, acquitting the Respondent of an offence of racially aggravated common assault contrary to section 29(1)(c) and 29(3) of the Crime and Disorder Act 1998.

Judges:

Lord Justice Simon Brown
-And-
Mr Justice Klevan

Citations:

[2000] EWHC Admin 656

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 29(1)(c) 29(3)

Jurisdiction:

England and Wales

Crime

Updated: 07 February 2022; Ref: scu.535716

Regina v Brett: CACD 2005

Citations:

[2005] EWCA Crim 983

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Moore and Another CACD 13-Feb-2013
The appellants said that they had been entrapped into committing the offences of which they stood convicted. Their applications for stay on the ground of abuse of process had been rejected.
Held: The appeal failed.
Rix Lj said: ‘the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 February 2022; Ref: scu.471004

M (FC) and Others (Common Foreign And Security Policy): ECJ 29 Apr 2010

Control of Funds of Terrorist Associates

ECJ Common foreign and security policy – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Freezing of funds and economic resources – Regulation (EC) No 881/2002 – Article 2(2) – Prohibition of making funds available to the persons listed in Annex I to that regulation – Scope – Social security and social assistance benefits paid to the spouse of a person included in Annex.

Citations:

[2010] EUECJ C-340/08, C-340/08

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – M (FC) and Others v Her Majesty’s Treasury (Common Foreign And Security Policy) ECJ 14-Jan-2010
Europa Restrictive measures directed against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban Prohibition of making funds available for the benefit of persons and . .
At Court of Appeal – M and Others, Regina (on the Application Of) v Revenue and Customs and others CA 6-Mar-2007
The applicants complained that though none of them was suspected of terrorist activity, their finances had been restricted because of their family connections with Osama Bin Laden. . .
At first instance – M and others v HM Treasury Admn 22-Sep-2006
The claimants sought payment of benefits. They would otherwise have been entitled, and were not suspected themselves, but were family members of persons listed as suspected terrorists under the Resolution, and had been denied benefits acordingly. . .
At HL – M, Regina (on the Application of) v Her Majestys Treasury HL 30-Apr-2008
The House referred to the ECJ a question about the implementation of UN resolutions imposing sanctions on Al-Qa’ida. . .
Lists of cited by and citing cases may be incomplete.

Benefits, Crime

Updated: 06 February 2022; Ref: scu.420962

Regina v SH: CACD 3 Aug 2010

The prosecutor had appealed immediately against the judge’s withdrawal of a charge of racially aggravated use of insulting words or behaviour. The judge then ignored his obligation to continue the trial without mentioning the issue to the jury. He said in terms that the charge should not have been brought to the Crown Court. The defendant was said to have abused and threatened a Job Centre worker with racial overtones. The judge had said that if the words were used, the jury could not safely conclude they went beyond dislike to dislike on racial grounds.
Held: The prosecutor’s appeal succeeded. The judge had fallen into the same error as had the justices in M. He had confused whether the words demonstrated racial intent when the Act required that the choice of words be racially motivated. Furthermore, it was difficult to see how it can be suggested that repeated angry references to a Nigerian as a ‘monkey’ or ‘black monkey’ do not generate a prima facie case of an outward manifestation of racial hostility.
The judge was criticised for his approach. Though it was accepted that the difficulties arose from extraordinary pressure being placed on Crown Courts, he had overstepped the mark.

Judges:

Leveson LJ, Holroyde, Spencer JJ

Citations:

[2010] EWCA Crim 1931, [2011] 1 Cr App R 14

Links:

Bailii

Statutes:

Public Order Act 1986 4(1), Crime and Disorder Act 1998, Criminal Justice Act 2003 58

Jurisdiction:

England and Wales

Citing:

Cited – RG and LT v Director of Public Prosecutions Admn 28-Jan-2004
The court contrasted allegations under sections 28(1)(a) and 28(1)(b): ‘paragraph (a) form is not concerned so much with the offender’s state of mind but with what he did or said so as to demonstrate racial hostility towards the victim. In contrast, . .
Cited – Director of Public Prosecutions v M (A Minor) Admn 25-May-2004
There was an argument over payment for food with the Turkish chef of a takeaway kebab shop during the course of which the defendant used the words ‘bloody foreigners’ and pushed the shop window causing it to crack. The justices doubted whether the . .
Cited – Rogers, Regina v HL 28-Feb-2007
The House was asked whether the use of the phrases ‘bloody foreigners’ and ‘get back to your own country’ counted to make a disturbance created by the defendant a racially aggravated crime.
Held: (Baroness Hale of Richmond) ‘The mischiefs . .
Cited – Regina v Falconer-Atlee CACD 1973
It was wrong for a judge who was not prepared to stop the case himself to cast that responsibility on to the jury. . .
Cited – Crown Prosecution Service v C, M and H CACD 11-Dec-2009
The CPS sought leave to appeal against a terminating ruling. It had failed to produce and serve evidence on the defendant even after an adjournment for the purpose. The judge directed an acquittal and refused an adjournment to allow the CPS to . .
Cited – Collins and Others, Regina v CACD 20-Apr-2007
The court (per Gage LJ) considered it strongly arguable that the practice of allowing to the jury the right to acquit an accused at any time after the close of the prosecution case, could not survive Article 6. Gage LJ identified the dangers . .
Cited – Regina v Middlesex Quarter Sessions, ex parte Director of Public Prosecutions QBD 1952
The court considered a trial on indictment where there was jurisdiction to try the offence charged. After pleas had been taken and counsel for the Crown had opened the prosecution case to the jury, the chairman intervened and directed the jury to . .
Cited – Regina v Kemp CACD 25-Apr-1994
A judge should do no more than intimate that the jury has right to stop a trial. . .
Cited – FB v Regina CACD 27-Jul-2010
The court reversed three decisions where a particular judge had said that the CPS should not have begun prosecutions, saying ‘We recognise these [ever increasing financial] pressures only too well and recognise also the need for every court to be . .
Lists of cited by and citing cases may be incomplete.

Crime, Criminal Practice

Updated: 06 February 2022; Ref: scu.421334