Category: Crime

Collins v Her Majesty’s Advocate: HCJ 19 Dec 2013

Note of appeal under section 65(8) of the 1995 Act against a decision of the sheriff granting two applications made under section 65(5) of the Act to extend retrospectively the periods of 11 and 12 months, referred to in section 65(1) of the Act, in relation to two petitions on which the appellant appeared in 2008 and 2010.

Lord Eassie
[2014] ScotHC HCJAC – 167
Bailii
Criminal Procedure (Scotland) Act 1995 65(8)

Scotland, Crime

Updated: 04 December 2021; Ref: scu.526744

Shirley v Regina: CACD 29 Jul 2003

The defendant, supported by the Criminal Cases Review Commission sought to appeal against his conviction in 1988 for murder, saying that a modern DNA test rendered the conviction unsafe. He had been convicted in part on the basis of analysis of semen samples. Only recently had the tests on such small amounts been effective for DNA. The crown now accepted that the new test meant that at least one person other than the defendant had been involved.
Held: The Crown had disavowed the possibility of there being two perpetrators, and additional doubts had also been raised as to the times of the events on the evening, and ‘In the result there is nothing in the materials relied upon by the Crown, all of which we have examined carefully, to dispel the very strong probability that there was only one male contributor to the DNA found in the intimate samples taken from the victim. As we have said it is accepted that if that is the court’s conclusion, the appellant cannot have been that contributor. In short, in light of the fresh evidence obtained from the DNA profiles, this appellant’s conviction is plainly unsafe. The appeal will be allowed and the conviction quashed. ‘

Laws LJ, Mitting, Gage JJ
[2003] EWCA Crim 1976
Bailii
Cited by:
Cited – Nunn, Regina (on The Application of) v Chief Constable of Suffolk Constabulary and Another SC 18-Jun-2014
Limits to Duty To Investigate
The claimant had been convicted of a murder. He continued to protest his innocence, and now sought judicial review of the respondent’s decision not to act upon his requests for further investigations which might prove his innocence.
Held: The . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 December 2021; Ref: scu.526717

Miao, Regina v: CACD 17 Nov 2003

The defendant appealed against his conviction for murder. He said that the judge should have left to the jury the issue of whether there had been provocation.
Held: The appeal failed: ‘It is for the judge to decide if there is evidence of provoking conduct and loss of self-control. If there is sufficient evidence, it is a matter for the jury. If there is insufficient material to find as a reasonable, rather than merely speculative, possibility that there was provoking conduct and loss of self-control, there is no issue and the judge should not leave provocation to the jury. A trial judge is, in many cases, better placed than this Court to assess the quality and effect of the evidence which has been placed before the jury . . Looking at the whole of the evidence, therefore, although the judge’s decision, as it seems to us, was courageous it was also correct. There was, no doubt, the speculative possibility that the defendant may, on the evidence, have lost his self-control. But, in our judgment, despite the views taken by both experienced counsel in the court below and despite their submissions made to this Court, there was no sufficient material, gauged by Lord Steyn’s yardstick, which would have justified the judge in leaving the issue of provocation to the jury. Accordingly, this appeal is dismissed.’

Rose VP, Leveson LJJ, Tugendhat J
[2003] EWCA Crim 3486
Bailii
Homicide Act 1957 3
Citing:
Doubted – Regina v Rossiter CACD 1992
The defendant was charged with a murder. The very manner of the killing suggested that he was at the time of the killing in a state of uncontrolled frenzy. However, Russell LJ said: ‘We take the law to be that wherever there is material which is . .
Preferred – Regina v Acott HL 12-Mar-1997
Provocation is not an issue in murder until evidence is given which takes the issues beyond a mere refuted cross examination. If there was ‘insufficient material for a jury to find that it is a reasonable possibility that there was specific . .
Cited – Regina v Jones CACD 22-Oct-1999
Roch LJ said: ‘Trial judges are inevitably aware that the giving of a provocation direction must tend to undermine lines of defence such as those which were advanced on behalf of the appellant in this case. It is unlikely that a person who has lost . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 December 2021; Ref: scu.526718

Jyske Bank Gibraltar Ltd v Administracion Del Estado: ECJ 25 Apr 2013

ECJ Judgment – Prevention of the use of the financial system for the purposes of money laundering and terrorist financing – Directive 2005/60/EC – Article 22(2) – Decision 2000/642/JHA – Requirement to report suspicious financial transactions applicable to credit institutions – Institution operating under the rules on the freedom to provide services – Identification of the national financial information unit responsible for the collection of information – Article 56 TFEU – Obstacle to freedom to provide services – Overriding requirements in the public interest – Proportionality

R. Silva de Lapuerta AP
[2013] EUECJ C-212/11, C-212/11
Bailii
Directive 2005/60/EC 22(2)
Citing:
Opinion – Jyske Bank Gibraltar Ltd v Administracion Del Estado ECJ 4-Oct-2012
ECJ Opinion – Combating of money laundering and terrorism financing – Directive 2005/60/EC – Obligation on credit institutions to declare suspicious financial transactions – Institutions operating under the . .

Lists of cited by and citing cases may be incomplete.

European, Banking, Crime

Updated: 04 December 2021; Ref: scu.526583

Anderson, Regina v: CACD 20 Jul 2012

The defendant appealed against a conviction in 1995 for sexual assault on a 9 year old boy. He brought expert evidence as to the unreliability of recovered memories.
Held: The appeal failed. The expert was controversial and had had his methodology rejected by previous courts.

Hallett LJ, Cox, Haddon-Cave JJ
[2012] EWCA Crim 1785
Bailii
England and Wales

Crime

Updated: 04 December 2021; Ref: scu.464657

Broome v Director of Public Prosecutions: HL 20 Dec 1973

The defendant, in a strike picket during an industrial dispute, stood holding a placard in front of a vehicle on a highway, urging the driver not to work at a site nearby and preventing him from proceeding along the highway as the driver wished. The House heard his appeal against a direction that he be convicted of obstruction of the highway, claiming the protection of section 134 of the 1971 Act.
Held: The appeal failed. Section 134 made lawful the attendance of pickets only for the purposes specified therein. It did not require the person whom it was sought to persuade, to submit to any constraint or restriction on his right to personal freedom, so that although the defendant had a statutory right to invite the driver to stop and listen to him, so long as that was done in a reasonable way, the defendant had not been entitled to compel him to do so.

Lord Reid, Lord Morris of Borth-y Gest, Lord Hodson, Viscount Dilhorne, Lord Salmon
[1973] UKHL 5, [1974] I All ER 314, [1974] 2 WLR 58, [1974] ICR 84, [1974] AC 587
Bailii
Highways Act 1959 121, Industrial Relations Act 1971 134
England and Wales

Employment, Crime

Updated: 04 December 2021; Ref: scu.248604

Libman v The Queen: 10 Oct 1985

CANLII (Supreme Court of Canada) Appellant was committed for trial on seven counts of fraud and one count of conspiracy to commit fraud arising out of the conduct of his Toronto telephone sales solicitation room. Pursuant to appellant’s directions, telephone sales personnel telephoned U.S. residents and attempted to induce them to buy shares in two Central American mining companies. Promotional material was mailed from Central America. The sales personnel were directed to make material misrepresentations with respect to their identity, to where they were telephoning from, and to the quality and value of the shares they were selling. As a result of these misrepresentations, a large number of U.S. residents were induced to buy virtually valueless shares in the two mining companies. Their money was sent to Central America, where appellant received his share to take back to Toronto. The accused, by motion, sought to have the committal for trial quashed on the ground that the alleged offences occurred outside Canada, but the motion was refused. An appeal to the Ontario Court of Appeal was dismissed.
Held: The appeal should be dismissed. The counts of fraud on which appellant stood charged could be properly prosecuted in Canada and nothing in the requirements of international comity dictated that Canada not exercise jurisdiction. The conspiracy count could be proceeded with as the fraudulent activities occurred in Canada.
In considering whether a criminal transaction falls outside territorial jurisdiction, account must be taken of all the relevant facts that took place in Canada giving this country an interest in prosecuting the offence and of whether or not anything in those facts offended against international comity. All that is necessary to make an offence subject to the jurisdiction of our courts is that a significant portion of the activities constituting that offence took place in Canada. It is sufficient that there be a ‘real and substantial link’ between an offence and Canada. Sufficient activities preparatory to this fraudulent scheme occurred in Canada to warrant a court’s holding that the offence took place in Canada: the scheme was devised here and the whole operation that made it function, including the directing minds and the telephone solicitation, was situated here. The fact that cases where the victims would be harmed outside the country would be caught made no difference. If an accused were prosecuted for the same offence in more than one country, any injustice could be obviated by the pleas of autrefois acquit or autrefois convict. No issue of comity was involved. The interests of other countries are not served by allowing criminals based in this country to prey on their citizens.

Dickson CJ and McIntyre, Chouinard, Lamer, Wilson, Le Dain and La Forest JJ
(1985) 21 DLR (4th) 174, 1985 CanLII 51 (SCC), 62 NR 161, 12 OAC 33, 21 CCC (3d) 206, [1985] 2 SCR 178
Canlii
Canada
Cited by:
Cited – Purdy, Regina (on the Application of) v Director of Public Prosecutions HL 30-Jul-2009
Need for Certainty in Scope of Offence
The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 December 2021; Ref: scu.373405

Bachan Singh v State of Punjab: 1980

(Supreme Court – India) ‘(a) The normal rule is that the offence of murder shall be punished with the sentence of life imprisonment. The Court can depart from that rule and impose the sentence of death only if there are special reasons for doing so. Such reasons must be recorded in writing before imposing the death sentence. (b) While considering the question of sentence to be imposed for the offence of murder under section 302, Penal Code, the Court must have regard to every relevant circumstance relating to the crime as well as the criminal. If the Court finds, but not otherwise, that the offence is of an exceptionally depraved and heinous character and constitutes, on account of its design and the manner of its execution, a source of grave danger to the society at large, the Court may impose the death sentence.’

Sarkaria J
[1980] 2 SCC 475
England and Wales
Cited by:
Cited – Reyes v The Queen PC 11-Mar-2002
(Belize) The Criminal Code of Belize provided that any murder by shooting was to be treated as Class A Murder, and be subject to the mandatory death penalty. The applicant having been convicted, appealed saying this was inhuman or degrading . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 December 2021; Ref: scu.226134

Henn and Darby v Director of Public Prosecutions: HL 1980

The House referred to the ECJ questions concerning the impact of Article 30 of the Treaty of Rome upon a prohibition against the importation of pornographic articles.
Lord Diplock said: ‘The European Court, in contrast to English courts, applies teleological rather than historical methods to the interpretation of the Treaties and other community legislation. It seeks to give effect to what it conceives to be the spirit rather than the letter of the Treaties; sometimes, indeed, to an English judge, it may seem to the exclusion of the letter. It views the communities as living and expanding organisms and the interpretation of the provisions of the Treaties as changing to match their growth.’

Lord Diplock
[1981] AC 850, [1980] 2 WLR 597
England and Wales
Citing:
Referred to – Regina v Maurice Donald Henn and John Frederick Ernest Darby ECJ 14-Dec-1979
Europa Article 30 of the EEC treaty applies also to prohibitions on imports inasmuch as they are the most extreme form of restriction. The expression used in article 30 must therefore be understood as being the . .

Cited by:
Reference from – Regina v Maurice Donald Henn and John Frederick Ernest Darby ECJ 14-Dec-1979
Europa Article 30 of the EEC treaty applies also to prohibitions on imports inasmuch as they are the most extreme form of restriction. The expression used in article 30 must therefore be understood as being the . .
Cited – Pickstone v Freemans Plc HL 30-Jun-1988
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim . .

Lists of cited by and citing cases may be incomplete.

European, Crime

Updated: 04 December 2021; Ref: scu.200630

Regina v Maurice Donald Henn and John Frederick Ernest Darby: ECJ 14 Dec 1979

Europa Article 30 of the EEC treaty applies also to prohibitions on imports inasmuch as they are the most extreme form of restriction. The expression used in article 30 must therefore be understood as being the equivalent of the expression ‘ ‘ prohibitions or restrictions on imports ‘ ‘ occurring in article 36. Hence a law of a member state prohibiting any importation of pornographic articles into that state constitutes a quantitative restriction on imports within the meaning of article 30 of the treaty. Under the first sentence of article 36 of the EEC treaty it is in principle for each member state to determine in accordance with its own scale of values and in the form selected by it the requirements of public morality in its territory. Each member state is entitled to impose prohibitions on imports justified on grounds of public morality for the whole of its territory, as defined in article 227 of the treaty, whatever the structure of its constitution may be and however the powers of legislating in regard to the subject in question may be distributed. The fact that certain differences exist between the laws enforced in the different constituent parts of a member state does not thereby prevent that state from applying a unitary concept in regard to prohibitions on imports imposed, on grounds of public morality, on trade with other member states. The first sentence of article 36 upon its true construction thus means that a member state may, in principle, lawfully impose prohibitions on the importation from any other member state of articles which are of an indecent or obscene character as understood by its domestic laws. Such prohibitions may lawfully be applied to the whole of its national territory even if, in regard to the field in question, variations exist between the laws in force in the different constituent parts of the member state concerned. The second sentence of article 36 of the EEC treaty is designed to prevent restrictions on trade based on the grounds mentioned in the first sentence of that article from being diverted from their proper purpose and used in such a way as either to create discrimination in respect of goods originating in other member states or indirectly to protect certain national products. If a prohibition on the importation of goods is justifiable on grounds of public morality and if it is imposed with that purpose the enforcement of that prohibition cannot, in the absence within the member state concerned of a lawful trade in the same goods, constitute a means of arbitrary discrimination or a disguised restriction on trade contrary to article 36 of the EEC treaty. In so far as a member state avails itself of the reservation relating to the protection of public morality provided for in article 36 of the EEC treaty, the provisions of article 234 of that treaty do not preclude that state from fulfilling the obligations arising from the Geneva convention, 1923, for the suppression of traffic in obscene publications and from the universal postal convention (renewed at Lausanne in 1974, which came into force on 1 January 1976).

C-34/79
Citing:
Reference from – Henn and Darby v Director of Public Prosecutions HL 1980
The House referred to the ECJ questions concerning the impact of Article 30 of the Treaty of Rome upon a prohibition against the importation of pornographic articles.
Lord Diplock said: ‘The European Court, in contrast to English courts, . .

Cited by:
Cited – Pickstone v Freemans Plc HL 30-Jun-1988
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim . .
Referred to – Henn and Darby v Director of Public Prosecutions HL 1980
The House referred to the ECJ questions concerning the impact of Article 30 of the Treaty of Rome upon a prohibition against the importation of pornographic articles.
Lord Diplock said: ‘The European Court, in contrast to English courts, . .

Lists of cited by and citing cases may be incomplete.

European, Crime, Commercial

Updated: 04 December 2021; Ref: scu.132830

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.

Lord Thomas of Cwmgiedd, CJ
[2015] 1 All ER 148, [2015] 1 WLR 1900, [2014] EWCA Crim 1029, [2014] 2 Cr App R 18
Bailii
England and Wales
Cited by:
See Also – 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, . .
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, Armed Forces, Human Rights

Updated: 03 December 2021; Ref: scu.525766

Federation Against Copyright Theft Ltd v Ashton: Admn 7 Jun 2013

The Federation appealed against a decision rejecting its complaint against the defendant of having committed offences under the 1988 Act. He ran a social club, and was accused of showing material taken via a contract with Virgin for private showing, and showing it publicly. The magistrates found that some payment having been made, no conviction would follow.
Held: The appeal was allowed, and the acquittql quashed. The phrase ‘any charge applicable to the reception of the programme’ has to be read as a whole. It refers to whatever charge is properly applicable to the reception of the programme in the circumstances in question. Nor did a payment to Vrgin amont in any way to a payment to Sky.

Laws LJ, Irwin J
[2013] EWHC 1923 (Admin), [2014] 1 WLR 1322
Bailii
Copyright, Designs and Patents Act 1988 297(1)
Citing:
Cited – Football Association Premier League and Others v QC Leisure ECJ 4-Oct-2011
ECJ Judgment – Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member . .
Cited – Murphy v Media Protection Services Ltd Admn 8-Mar-2012
A prosecution was laid against the defendant who used a decoder to receive football programmes in her public house via a satellite which beamed the programmes from a provider in Greece. The allegation made by the defence was that this was in effect . .
Cited – Football Association Premier League and Others v QC Leisure ECJ 4-Oct-2011
ECJ Judgment – Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member . .

Lists of cited by and citing cases may be incomplete.

Intellectual Property, Crime

Updated: 03 December 2021; Ref: scu.525495

Golding, Regina v: CACD 8 May 2014

The defendant appealed against his conviction on a guilty plea, of inflicting grievous bodily harm under section 20. He suffered genital herpes, but had unprotected sex and acknowledged acting recklessly. He said that the prosecution had failed to follow CPS guidelines, that his solicitor had failed to challenge that failure, and that the infection did not amount to grievous bodily harm.
Held: The appeal against conviction failed: ‘there is nothing in the fresh evidence which would undermine the admission of recklessness. That was, in any event, a matter primarily for the appellant based on his own state of knowledge. There is nothing to detract from the effect of the appellant’s admission by his plea that he knew that there was a risk and went ahead anyway.’

Treacy LJ, Bean J, Lakin HHJ
[2014] EWCA Crim 889
Bailii
Offences Against the Person Act 1861 20
England and Wales
Citing:
Cited – Regina v Ashman 1858
The defendant was charged with shooting with intent. The judge directed the jury: ‘You must be satisfied that the prisoner had an intent to do grievous bodily harm. It is not necessary that such harm should have been actually done, or that it should . .
Cited – Regina v Burstow, Regina v Ireland HL 24-Jul-1997
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . .
Cited – Regina v Bollom CACD 8-Dec-2003
The defendant appealed against his conviction for causing grievous bodily harm. The victim had been a 17 month old child who had received bruising and abrasions to her body arms and legs.
Held: The judge had been correct to say that what . .
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 – A v Regina CACD 13-Mar-2012
The appellant had been the victim of long term abuse and rapes by her husband. She complained of rape. She withdrew her complaint and her statement and was then prosecuted and convicted of doing acts tending to pervert the course of justice. Under . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 December 2021; Ref: scu.525094

Golds, Regina v: CACD 2 May 2014

The defendant appealed against his conviction for murder, sayng that the jury had been wrongly directed as to the meaning of ‘substantial impairent when considering the alternative of manslaughter

Elias, Sweeney, Gross LJJ
[2014] EWCA Crim 748, [2014] Crim LR 744, [2015] 1 WLR 1030, [2014] 4 All ER 64, [2014] 2 Cr App R 17
Bailii
Homicide Act 19572, Coroners and Justice Act 2009 52
England and Wales
Citing:
Cited – Regina v Ramchurn CACD 2-Feb-2010
The defendant had planned and executed the killing of his wife’s lover, a cousin, having given him a home. He threatened that he would kill him, and prepared to do so, trying to get keys to gain access to the victim’s home, and when that failed . .
Cited – Regina v Aslam CACD 1-Dec-2011
The defendant had been convicted of manslaughter on an indictment for murder. The jury was directed under the new law to the effect that the reference to ‘substantially impaired’ required the jury to conclude that the impairment was more than . .

Cited by:
Appeal from – Golds, Regina v SC 30-Nov-2016
The defendant appealed against his conviction for murder, saying that he should have been only convicted of manslaughter, applying the new test for diminished responsibility as provided under the 1957 Act as amended, and particularly whether the . .
Cited – Brennan v Regina CACD 21-Nov-2014
The defendant, then 22 had a history of disturbed childhood, sexual abuse and outpatient mental health treatment together with one instance when he was sectioned following a suicide attempt. On the undisputed psychiatric evidence he suffered from a . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 December 2021; Ref: scu.525095

Lewin v Crown Prosecution Service: Admn 24 May 2002

The applicant sought review of the decision of the respondent not to initiate a prosecution in respect of a death in Spain. The deceased had been left drunk and unconscious in a car in the sun. There was a variance of opinion as to the exact cause of death, but it was said the proposed defendant should not have left him in a car in the hot sun.
Held: A decision not to prosecute is susceptible to judicial review, but that should be sparingly exercised. The duty of care assumed by bringing the deceased home in the car could not be extended to care for him afterwards. Application for review dismissed.

Mrs Justice Hallett
[2002] EWHC 1049 (Admin)
Bailii
England and Wales
Citing:
Cited – C (A Minor) v Director of Public Prosecutions HL 17-Mar-1995
The House considered whether the long established rule of the criminal law presuming that a child did not have a guilty mind should be set aside.
Held: Doli incapax, the presumption of a child’s lack of mens rea, is still effective and good . .

Lists of cited by and citing cases may be incomplete.

Coroners, Crime, Judicial Review

Updated: 03 December 2021; Ref: scu.171268

Kavanagh, Regina v: CACD 26 Mar 2002

Appeal from conviction of murder upon a reference by the Criminal Cases Review Commission on the basis that fresh evidence, if received by the Court, would show that the evidence used effectively precluding suicide is open to question.

[2002] EWCA Crim 904
Bailii
England and Wales

Crime

Updated: 03 December 2021; Ref: scu.269994

Garner, Regina v: CACD 29 Apr 2002

Appeals against conviction by virtue of a reference by the Criminal Cases Review Commission – three counts of obtaining by deception – grounds that the trial judge had failed to emphasise sufficiently his good character and the lack of motive for the commission of the offences, and that there was new evidence available

[2002] EWCA Crim 1166
Bailii
England and Wales

Crime

Updated: 03 December 2021; Ref: scu.269996

Achogbuo, Regina v: CACD 19 Mar 2014

The Court considered a renewed application for leave to appeal which the Registrar had considered to be without merit and was referred under section 20 of the 1968 Act.
Held: The reference had been properly made. The application for extension of time waas frivolous and vexatious and contained serious non-disclosure.
As to ath eallegation of incompetence in trial counsel: ‘As in this case, many such cases proceed without any enquiry being made of solicitors and counsel who acted at trial. That means that the lawyer who brings such an application acts on what is, ex hypothesi, the allegations of a convicted criminal – and in this case a convicted paedophile. For a lawyer to put forward such allegations based purely on such a statement, and without enquiry, is in our view impermissible. Before applications are made to this court alleging incompetent representation which is based upon an account given by a convicted criminal, we expect lawyers to take proper steps to ascertain by independent means, including contacting the previous lawyers, as to whether there is any objective and independent basis for the grounds of appeal.’
Things had now moved on after Doherty, and ‘counsel and solicitors would be failing in their duty to this court if they did not make enquiries which would provide an objective and independent basis, other than complaints made by the convicted criminal, as to what had happened.’

Lord Thomas of Cwmgiedd) CJ, Royce J, His Honour Judge Tonking
[2014] WLR(D) 137, [2014] EWCA Crim 567
WLRD, Bailii
Criminal Appeal Act 1968 20
England and Wales
Citing:
Cited – Regina v Doherty and McGregor CACD 1997
Fresh counsel instructed by McGregor on appeal alleged incompetence on the part of trial counsel.
Held: Where a fresh advocate is instructed to advance an application for leave to appeal based on the conduct of the trial, s/he should consider . .
Cited – Director of Public Prosecutions v Majewski CACD 1975
The defendant appealed against his conviction for assault saying that he was so intoxicated on drink and drugs at the time that he did not have mens rea.
Held: The appeal failed. The court certified a question for the House of Lords namely: . .
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 . .
Cited – Regina v Taylor 1997
. .
Cited – Regina v Davis and Thabangu CACD 5-Dec-2013
The court exercised its rights under section 20 to penalise solicitors pursuing vexatious appeals. . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 02 December 2021; Ref: scu.523747

Ahmed, Regina v: CACD 1 Apr 2014

The defendant appealed against his conviction for sexual offences. He said that an unknown juror appeared to have divulged information on the internet during the trial. This left him at risk of attack by right wing activists, and indicated bias in the juror and an unsafe verdict.
Held: The evidence did not establish that such a disclosure had been made by a juror, and here were other possible explanations.

Sir Brian Leveson P QBD, Keith, Lang JJ
[2014] EWCA Crim 619
Bailii
England and Wales

Crime

Updated: 02 December 2021; Ref: scu.523380

Paola C v Presidenza Del Consiglio Dei Ministri: ECJ 30 Jan 2014

ECJ Preliminary ruling – Judicial cooperation in criminal matters – Directive 2004/80/EC – Article 12 – Compensation for victims of violent intentional crime – Purely internal situation – Manifest lack of jurisdiction

A. Borg Barthet, P
C-122/13, [2014] EUECJ C-122/13
Bailii
Directive 2004/80/EC

European, Crime

Updated: 02 December 2021; Ref: scu.523326

Ramdeen v The State: PC 27 Mar 2014

(Trinidad and Tobago) The appellant challenged his conviction for murder, on the bases that: ‘the judge misdirected the jury on the approach which they were to take to the separate accounts, that he wrongly failed to leave provocation to the jury as a possible defence and that he wrongly failed to direct the jury that the appellant’s good character went not merely to her propensity to act as the prosecution alleged but also to her credibility.’

Lord Neuberger, Lord Mance, Lord Kerr, Lord Sumption, Lord Toulson
[2014] UKPC 7
Bailii

Commonwealth, Crime

Updated: 02 December 2021; Ref: scu.523317

B v Secretary of State for The Home Department (Deportation – Hardial Singh – Dismissed): SIAC 29 Jan 2014

[2014] UKSIAC 09/2005
Bailii
England and Wales
Citing:
Cited – Regina v Governor of Durham Prison, ex parte Hardial Singh QBD 13-Dec-1983
Unlawful Detention pending Deportation
An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he . .

Lists of cited by and citing cases may be incomplete.

Immigration, Crime

Updated: 01 December 2021; Ref: scu.522152