Category: Crime

James v Crown Prosecution Service: Admn 4 Nov 2009

The appellant was receiving care and support from social services. He was found to have abused and threatened the team leader in telephone calls to her. He appealed against a conviction under the 1997 Act, saying that his calls did not amount to a course of conduct because on two of the three occasions, she had been returning his call.
Held: The argument was hopeless: ‘The fact that the appellant did not initiate the particular calls is irrelevant.’

Judges:

Elias LJ, David Clarke J

Citations:

[2009] EWHC 2925 (Admin)

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 2

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Patel (Nitin) CACD 11-Nov-2004
The defendant appealed his conviction under the 1977 Act.
Held: The judge directing a jury must require a finding that the different acts complained of had a sufficient connection with each other to form a ‘course of conduct’ within the Act. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 20 December 2022; Ref: scu.380254

Carroll v Director of Public Prosecutions: Admn 4 Mar 2009

The defendant appealed against his conviction for being drunk and disorderly. He had been drinking and ran at a car, rolling over the bonnet. He said it was a mere act of bravado before his friends.

Judges:

Goldring LJ, Sweeney J

Citations:

[2009] EWHC 554 (Admin), (2009) 173 JP 285

Links:

Bailii

Statutes:

Criminal Justice Act 1967 91(1)

Jurisdiction:

England and Wales

Crime

Updated: 20 December 2022; Ref: scu.346913

Hertfordshire Oil Storage Ltd v Regina: CACD 16 Mar 2010

Liable Operator was the person noified

The company, a joint venture enterprise, appealed against a refusal to stay prosecutions for various infringements when a fuel depot they were said to control (the Buncefield oil terminal) exploded. The company denied that they were the operator as required within the law.
Held: The operator was the person notifying himself to the authorities as being such, even if it did not have the necessary day to day control of the premises to exert actual control. It had been Total which originally gave such notifications, and it was for the prosecutor to establish that the appellant had given a subsequent modifying notification. A subsequent safety report informally pointed to the appellant, but the authority had not suggested the need to regularise the notification. There was therefore evidence to suggest that the appellant might be the operator, and it should be for a jury to establish the true position. The appeal failed.

Judges:

Hooper LJ

Citations:

[2010] EWCA Crim 493

Statutes:

Health and Safety at Work etc Act 1974 2(1) 3(1), Water Resources Act 1991 85(1), Control of Major Accident Hazards Regulations 1999 4, Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances

Jurisdiction:

England and Wales

Citing:

Cited – Colour Quest Ltd and others v Total Downstream UK Plc and others (Rev 1) ComC 20-Mar-2009
The claim arose when a petrol spillage created a large vapour cloud which exploded causing widespread damage and injury. . .
Lists of cited by and citing cases may be incomplete.

Crime, Health and Safety, Utilities

Updated: 20 December 2022; Ref: scu.402958

Regina v Mackenzie: HCJ 1989

Judges:

Lord Justice General Emslie

Citations:

1989 SLT 121

Statutes:

Misiuse of Drugs Act 1971 28(2)

Jurisdiction:

Scotland

Cited by:

Cited – Salmon and Moore v Her Majesty’s Advocate HCJ 13-Nov-1998
The court considered the burden of proof placed on the prosecution under s28 of the 1971 Act.
Held: ‘Subsections (2) and (3) of Section 28 are both designed to come into play at a stage when the Crown have proved all that they need to prove in . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 20 December 2022; Ref: scu.237683

W, Regina (on the Application Of) v Director of Public Prosecutions: Admn 8 Jun 2005

The defendant appealed a conviction for breaching an anti-social behaviour order. The order had prohibited him from committing any criminal act. It was now challenged as being too wide a prohibition.
Held: ‘The defendant had already been placed under five carefully tailored restrictions, which were appropriate to combat the kind of anti-social nuisance he had become, and I am not surprised Chorley Magistrates considered that they were necessary as well. If it were also thought necessary and desirable to restrain him also from stealing in the light of the three scheduled acts of theft, then, in my judgment, inclusion of a provision of that kind might not have been inappropriate. But a general prohibition on committing criminal offences was far too widely drawn. At his age, he might well not know what was a criminal offence and what was not. ‘ It was open to the District Judge to hold the order invalid and too wide.

Citations:

[2005] EWHC 1333 (Admin), Times 20-Jun-2005

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 1(1)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Parkin (Shane Tony) CACD 3-Feb-2004
The defendant had admitted assault with intent to rob, four attempted robberies, and four false imprisonments. He appealed his sentence of four years detention in a Young Offenders Institution to be followed by a two year anti-social behaviour order . .
Cited – B v Chief Constable of Avon and Somerset Constabulary QBD 5-Apr-2000
The defendant appealed the making of a sex offender order under 1998 Act. The justices had found that the defendant was a sex offender within section 2(1)(a) and that he had acted on a number of occasions in a way which brought him within section . .
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 . .
See Also – W, Regina (on the Application Of) v Director of Public Prosecutions CA 8-Jun-2005
Breach of anti-social behaviour order order not to commit any criminal offence. . .

Cited by:

Cited – Crown Prosecution Service v T Admn 5-Apr-2006
The prosecutor appealed after the district judge had at first granted an anti-social behaviour order, but had later thought it too wide and that it was unenforceable and void.
Held: the district judge had exceeded his powers. There were . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 20 December 2022; Ref: scu.228221

Regina v Ibrar: CACD 3 Apr 2014

Appeals against conviction consequent upon a reference by the Criminal Cases Review Commission under section 9 of the Criminal Appeal Act 1995, on the basis that significant material has come to light capable of undermining the credibility of the complainant.

Citations:

[2014] EWCA Crim 953

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 12 December 2022; Ref: scu.526507

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 employed driver in the course of his working day [would] necessarily involve a ‘taking’ of the vehicle for his own use’. The test was whether ‘he appropriate[d] it to his own use in a manner which repudiates the rights of the true owner, and shows that he has assumed control of the vehicle for his own purposes’.

Judges:

Lord Widgery CJ

Citations:

[1974] RTR 4

Statutes:

Theft Act 1968 12

Jurisdiction:

England and Wales

Citing:

Approved – 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 . .

Cited by:

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.

Road Traffic, Crime

Updated: 12 December 2022; Ref: scu.242638

Director of Public Prosecutions v Brooks: PC 1974

The defendant appealed against a conviction for the possession of drugs.
Held: ‘In the ordinary use of the word ‘possession’, one has in one’s possession whatever is, to one’s knowledge, physically in one’s custody or under one’s physical control.’

Judges:

Lord Diplock

Citations:

[1974] AC 862, (1974) 59 Cr App R 185, [1974] 2 All ER 840

Jurisdiction:

England and Wales

Cited by:

Cited – Porter, Regina v CACD 16-Mar-2006
The defendant appealed his conviction of possession of indecent photographs or pseudo-photographs of children. The images had been deleted, and were irrecoverable, but they had originally been viewed through a program which created a smaller . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 12 December 2022; Ref: scu.242678

Dyer v Munday; Morris v Martin: CA 1895

The defendant, a hire purchase furniture dealer, sent his manager to recover back some furniture hired to X and upon which several instalments were unpaid. X had pledged the furniture to his landlord as security for his rent, and the landlord’s wife sought to prevent the manager from removing the furniture. The manager assaulted her in the house.
Held: The employer had placed his employee in a situation ‘where he may be expected on occasions to have to resort to personal violence’. There is no rule of law that vicarious responsibility should cease to apply when the conduct for which liability is imposed is criminal rather than just tortious. ‘The liability of the master does not rest merely on the question of authority, because the authority given is generally to do the master’s business rightly; but the law says that if, in course of carrying out his employment, the servant commits an excess beyond the scope of his authority, the master is liable.’

Judges:

Lord Esher MR

Citations:

[1895] 1 QB 742

Jurisdiction:

England and Wales

Cited by:

Cited – Lister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .
Cited – Majrowski v Guy’s and St Thomas’ NHS Trust CA 16-Mar-2005
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim.
Held: The appeal succeeded. The . .
Lists of cited by and citing cases may be incomplete.

Crime, Vicarious Liability

Updated: 12 December 2022; Ref: scu.214873

Regina v O’Loughlin and McLoughlin: 1988

Citations:

[1988] 2 All E R 431

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v KJ Martin CACD 20-Feb-2003
The defendant had been found unfit to plead on a charge of murder. Charges against the co-defendants were later reduced to inflicting grievous bodily harm, but when the defendant came to be dealt with, it was on the basis that the charge remained . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 12 December 2022; Ref: scu.179530

Rafiq v Director of Public Prosecutions: QBD 1997

The court heard an appeal from conviction of an offence under section 3.
Held: The court referred to Bezzina.
Popplewell J dissented from the approach in Bezzina, saying: ‘It seems to me that in order to impose some logic in this case the proper way to approach these cases is to take the view that if there is a bite without a reasonable apprehension immediately before that, the use of the word ‘any occasion’ is sufficient to impose a liability because there are grounds thereafter for reasonable apprehension that it will injury some other person.’
Auld LJ commented: ‘Depending on the circumstances, the time for apprehension, even by the notional reasonable bystander, may be so minimal as for practical purposes to be non-existent. The notion of reasonable apprehension of injury before it occurs in such circumstances, is artificial and the court should strain against adding that unhappy element to an already difficult statutory formulation. It seems to me that Kennedy LJ in that passage was unnecessarily focusing on the injury as if it were a necessary culmination and demonstration of anterior reasonable apprehension of injury. In my view there is no need for such an approach. The act of a dog causing injury, a bite or otherwise, is itself capable of being conduct giving grounds for reasonable apprehension of injury.’

Judges:

Auld LJ and Popplewell J

Citations:

[1997] JP 161

Statutes:

Dangerous Dogs Act 1991 3

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Bezzina, Regina v Codling, Regina v Elvin CACD 7-Dec-1993
The offence under section 3(1), requiring the owner to keep a dangerous dog under control, is one of strict liability. The court noted the difference in wording between the sections.
Kennedy LJ said: ‘Accordingly, we come to the conclusion . .

Cited by:

Cited – Gedminintaite, Regina v CACD 15-Feb-2008
Application for leave to appeal against a ruling given by His Honour Judge Gibson as to how he would address the jury in a case of an offence under the Dangerous Dogs Act 1991. Rottweiler with no history of aggression attacking passer by.
Lists of cited by and citing cases may be incomplete.

Crime, Animals

Updated: 09 December 2022; Ref: scu.652234

Regina v MacKenzie: 1993

The defendant had been charged with two killings. The evidence depended on confessions he had made. He had, however, confessed also to twelve other killings, none of which the Crown believed he could have committed and at least some of which he certainly had not committed. There was medical evidence from both Crown and defence specialists which showed that he was mentally unstable. One of the defence specialists had invented a fictitious killing and the defendant had confessed to that also.
Held: His appeal was allowed.
Lord Taylor CJ said: ‘Applying the guidance given by this court in Galbraith we consider that where (1) the prosecution case depends wholly upon confessions (2) the defendant suffers from a significant degree of mental handicap and (3) the confessions are unconvincing to a point where a jury properly directed could not properly convict upon them, then the judge, assuming he has not excluded the confessions earlier, should withdraw the case from the jury . . We are therefore of opinion that when the three conditions tabulated above apply at any stage of the case, the judge should in the interests of justice take the initiative and withdraw the case from the jury.’

Citations:

(1993) 96 Cr App R 98

Jurisdiction:

England and Wales

Cited by:

Cited – N Ltd and Another, Regina v CACD 10-Jun-2008
The defence had requested and been give a ruling of no case to answer. The prosecutor now appealed saying that this had been before he had closed the prosecution case, and had been not with his consent.
Held: The prosecutor’s appeal succeeded. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 09 December 2022; Ref: scu.652237

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

Judges:

Gross LJ, William Davis J

Citations:

[2018] EWHC 1724 (Admin), [2018] 1 WLR 110, [2018] WLR(D) 420

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

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

Extradition, Crime

Updated: 09 December 2022; Ref: scu.619929

Bank Mellat v Her Majesty’s Treasury: CA 23 Oct 2015

Bank entitled to information needed for defence

Application to set aside the directions contained in two statutory instruments. The measures were ‘highly restrictive . . with very serious effects’. The court considered the procedures for the use of closed material and whether the claimant bank had been entitled to the gist of the allegations against it in closed material to ensure a fair trial.
Held: The directions were upheld. Further disclosures were to be made to provide the claimant with sufficient information about the allegations against it to enable it to give effective instructions to its special advocates in relation to those allegations

Judges:

Lord Dyson MR, Richards, Lewison LJJ

Citations:

[2015] EWCA Civ 1052, [2015] WLR(D) 427, [2016] 1 WLR 1187, [2016] CP Rep 7

Links:

Bailii, WLRD

Statutes:

Counter-Terrorism Act 2008

Jurisdiction:

England and Wales

Cited by:

Cited – Reprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.

Banking, Crime, Human Rights

Updated: 09 December 2022; Ref: scu.553680

DJ, Regina v: CACD 5 Mar 2015

Renewed application for leave to appeal against conviction and appeals his sentence with the leave of the single judge. Many serious sexual offences against young girls – extended sentence of 39 years comprising a custodial term of 33 years and an extension period of 6 years.

Citations:

[2015] EWCA Crim 563

Links:

Bailii

Jurisdiction:

England and Wales

Crime, Criminal Sentencing

Updated: 09 December 2022; Ref: scu.545003

Regina v Griffiths and Others: CCA 1965

A supplier of lime and his employee were accused of conspiring with seven farmers to defraud the Ministry by submitting excessive subsidy claims. They were also charged with fraudulently obtaining money from the Ministry. There was no evidence that any of the farmers was aware of the arrangements being made between the principal defendant and any of the other farmers, but they were all charged with a single count of conspiracy.
Held: The convictions were quashed.
Conspiracy charges should be tried separately to substantive counts and the prosecution should not charge persons with conspiracy at all in the absence of evidence from which a jury could infer that the accuseds’ minds went beyond an intention to commit the substantive offences, to an agreement to do an unlawful act. The prosecution case was confusing and that evidence in any event could not have supported the conspiracy charge.
It is not necessary that a defendant in a conspiracy charge should know all the details of the scheme to which he attaches himself. However: ‘In law all must join in the one agreement, each with the others, in order to constitute one conspiracy. They may join in at various times, each attaching himself to that agreement; any of them may not know the full extent of the scheme to which he attaches himself. But what each must know is that there is coming into existence, or is in existence, a scheme which goes beyond the illegal act or acts which he agrees to do.’
Paull J gave an illustration: ‘I employ an accountant to make out my tax return. He and his clerk are both present when I am asked to sign the return. I notice an item in my expenses of andpound;100 and say: ‘I don’t remember incurring this expense’. The clerk says: ‘Well, actually I put it in. You didn’t incur it, but I didn’t think you would object to a few pounds being saved.’ The accountant indicates his agreement to this attitude. After some hesitation I agree to let it stand. On those bare facts I cannot be charged with 50 others in a conspiracy to defraud the Exchequer of andpound;100,000 on the basis that this accountant and his clerk have persuaded 500 other clients to make false returns, some being false in one way, some in another, or even all in the same way. I have not knowingly attached myself to a general agreement to defraud.’

Judges:

Paull J

Citations:

(1965) 49 Cr App R 279, [1966] 1 QB 589

Jurisdiction:

England and Wales

Cited by:

Cited – Mehta v Regina CACD 31-Dec-2012
The defendant appealed against his conviction for conspiracy to defraud. His co-defendant and alleged co-conspirator had been acquitted.
Held: The appeal against conviction failed. The defence knew that they were going to have to deal with the . .
Cited – Serious Fraud Office v Papachristos and Another CACD 19-Sep-2014
The applicants challenged their convictions and sentences for conspiracy to corrupt. They owned a company manufacturing fuel additives. Technology developments meant that they came under increasing pressure on sales. They were said to have entered . .
Cited – Bhatti and Others v Regina CACD 30-Jul-2015
The defendants appealed against their convictions for conspiracy to facilitate breaches of immigration law, saying that they had been based on evidence obtained by the police from credit reference agencies in breach of their rights under the 1984 . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 09 December 2022; Ref: scu.467721

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 ‘classic’ or ‘traditional’ test set out by Lord Lane CJ in Galbraith. (2) Where a key issue in the submission of no case is whether there is sufficient evidence on which a reasonable jury could be entitled to draw an adverse inference against the defendant from a combination of factual circumstances based upon evidence adduced by the prosecution, the exercise of deciding that there is a case to answer does involve the rejection of all realistic possibilities consistent with innocence.
(3) However, most importantly, the question is whether a reasonable jury, not all reasonable juries, could, on one possible view of the evidence, be entitled to reach that adverse inference. If a judge concludes that a reasonable jury could be entitled to do so (properly directed) on the evidence, putting the prosecution case at its highest, then the case must continue; if not it must be withdrawn from the jury.’

Judges:

Lord Justice Aikens

Citations:

[2012] EWCA Crim 1756

Links:

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 by:

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

Crime

Updated: 09 December 2022; Ref: scu.463316

Shah and Another v HSBC Private Bank (UK) Ltd: CA 13 Oct 2011

Judges:

Pill, Munby, Lewison LJJ

Citations:

[2011] EWCA Civ 1154, [2012] Lloyd’s Rep FC 105

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002

Jurisdiction:

England and Wales

Citing:

See Also – Shah and Another v HSBC Private Bank (UK) Ltd QBD 26-Jan-2009
The claimants sought damages after delays by the bank in processing transfer requests. The bank said that the delays were made pending reports of suspected criminal activity. The bank’s delay had stigmatised the claimant causing further losses. The . .
Lists of cited by and citing cases may be incomplete.

Banking, Crime

Updated: 09 December 2022; Ref: scu.445451

Gojra and Another, Regina v: CACD 6 Aug 2010

The defendants appealed against convictions for assault and kidnapping, saying that the identification procedures used were at fault.
Held: The identification evidence had been properly admitted. The prosecution witness had not had the defendant named or pointed out to him.

Judges:

Hughes LJ, Rafferty, Maddison JJ

Citations:

[2010] EWCA Crim 1939

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 78

Jurisdiction:

England and Wales

Crime

Updated: 09 December 2022; Ref: scu.421560

Interfact Ltd v Liverpool City Council: Admn 29 Jun 2010

The claimant had been convicted in 2005 of an offence under the 1984 Act. It later became clear that the Act failed properly to implement a European Directive and was unenforceable. The company now sought leave to appeal out of time. The case was heard along with the case of Budimir.

Citations:

[2010] EWHC 1604 (Admin), [2011] 2 WLR 396

Links:

Bailii

Statutes:

Civil Procedure Rules 52.17, Video Recordings Act 1984

Jurisdiction:

England and Wales

Citing:

See Also – Interfact Ltd and Another v Liverpool City Council Admn 23-May-2005
The defendants, operators of licensed sex shops, appealed convictions for offences under the Act. The shops had supplied videos rated R*18 by mail order from the shops. The Trading Standards Officer said this did not satisfy the requirement that . .

Cited by:

See Also – Regina v Budimir and Another CACD 29-Jun-2010
The defendants sought leave to appeal out of time saying that their convictions had been under the 1984 Act which was later found to have been unenforceable for failure to comply with notification requirements under European law. The 1984 Act had . .
Lists of cited by and citing cases may be incomplete.

Crime, European

Updated: 09 December 2022; Ref: scu.418446

Campbell and Others, Regina v: CACD 2 Feb 2009

The defendants appealed against their convictions for murder – saying that it had been a conviction based upon defective joint enterprise basis.
Held: The judge was right to reject the submission that there was no case to go to the jury. There was evidence on which the jury was entitled to conclude that causation was established from the injuries inflicted.

Citations:

[2009] EWCA Crim 50

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 09 December 2022; Ref: scu.280420

Chargot Ltd (T/A Contract Services) and Others, Regina v: CACD 13 Dec 2007

The defendant company appealed against its conviction under the 1974 Act after a driver was buried under the load when his truck overturned on a work-site.
Held: The appeal failed. The policy of the 1974 Act was to impose a positive burden on employers, rather than simply disciplining them for the breach of specific obligations. That being so, the prosecution was entitled simply to point to a state of affairs as amounting to a breach of the statutory duty. The risk which the prosecution must prove should be real as opposed to a fanciful or hypothetical. The relevant risk here was the risk of injury caused by driving the dumper truck. That this was a real risk was established by the fact that there was an accident. That was sufficient to justify the requirement that the first and second appellants should have the burden of proving that they had done all that was reasonably practicable to protect against that risk.

Judges:

Latham LJ, Gibbs and Jones JJ

Citations:

[2007] EWCA Crim 3032, [2008] ICR 517, [2008] 2 All ER 1077

Links:

Bailii

Statutes:

Health and Safety at Work etc Act 1974 37

Jurisdiction:

England and Wales

Cited by:

Cited – Chargot Limited (T/A Contract Services) and Others, Regina v HL 10-Dec-2008
The victim died on a farm when his dumper truck overturned burying him in its load.
Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of . .
Cited – Regina v Porter CACD 19-May-2008
Everyday risks may be outwith Health and Safety
The defendant appealed against his conviction under the 1974 Act. He was headmaster at a private school. A child of three jumped from steps in the playground injured his head and was taken to hospital where he contracted MRSA and died.
Held: . .
Appeal pending – N Ltd and Another, Regina v CACD 10-Jun-2008
The defence had requested and been give a ruling of no case to answer. The prosecutor now appealed saying that this had been before he had closed the prosecution case, and had been not with his consent.
Held: The prosecutor’s appeal succeeded. . .
Appeal from – Chargot Limited (T/A Contract Services) and Others, Regina v HL 10-Dec-2008
The victim died on a farm when his dumper truck overturned burying him in its load.
Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of . .
Lists of cited by and citing cases may be incomplete.

Crime, Health and Safety

Updated: 09 December 2022; Ref: scu.278932

Gedminintaite, Regina v: CACD 15 Feb 2008

Application for leave to appeal against a ruling given by His Honour Judge Gibson as to how he would address the jury in a case of an offence under the Dangerous Dogs Act 1991. Rottweiler with no history of aggression attacking passer by.
Held: Leave refused: ‘On either the interpretation propounded in Rafiq or that of Kennedy LJ in Bezzina, this dog was dangerously out of control. We are inclined to go further. In any event the definitions section, section 10, is not exclusive. It does not read as a matter of construction, ‘For the purposes of this Act, a dog shall only be regarded as dangerously out of control ….’ and then proceed to the definition. Therefore we feel ourselves entitled to go back to the straightforward words of section 3: ‘If a dog is dangerously out of control in a public place ….’ In our judgment, this dog was dangerously out of control in a public place. That was amply evidenced by the way it behaved and the fact that it was not controlled by its handler.’

Judges:

Keene LJ, Hall HHJ

Citations:

[2008] EWCA Crim 814, (2008) 172 JP 413

Links:

Bailii

Statutes:

Dangerous Dogs Act 1991 3

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Bezzina, Regina v Codling, Regina v Elvin CACD 7-Dec-1993
The offence under section 3(1), requiring the owner to keep a dangerous dog under control, is one of strict liability. The court noted the difference in wording between the sections.
Kennedy LJ said: ‘Accordingly, we come to the conclusion . .
Cited – Rafiq v Director of Public Prosecutions QBD 1997
The court heard an appeal from conviction of an offence under section 3.
Held: The court referred to Bezzina.
Popplewell J dissented from the approach in Bezzina, saying: ‘It seems to me that in order to impose some logic in this case the . .
Lists of cited by and citing cases may be incomplete.

Crime, Animals

Updated: 09 December 2022; Ref: scu.270589

Cooper and Others v Shield: 1971

Citations:

[1971] 2 All ER 917

Statutes:

Public Order Act 1936 5

Jurisdiction:

England and Wales

Cited by:

Cited – Brutus v Cozens HL 19-Jul-1972
The House was asked whether the conduct of the defendant at a tennis match at Wimbledon amounted to using ‘insulting words or behaviour’ whereby a breach of the peace was likely to be occasioned contrary to section 5. He went onto court 2, blew a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 09 December 2022; Ref: scu.270833

Rex v Bainbridge: 1782

Judges:

Lord Mansfield CJ

Citations:

(1783) 22 St Tr 1

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Hudson 1956
To avoid the payment of tax by positive false representations constitutes a fraud on the Crown and a fraud on the public. It is a common law offence and is indictable as such. . .
Cited – Total Network Sl v Revenue and Customs HL 12-Mar-2008
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 09 December 2022; Ref: scu.268781

Regina v Osei: 1988

The defendant appealed a confiscation order. She was a drug courier armed with a sum of cash to enable her to show that she could support herself in order to enter the country.
Held: The word ‘payment’ was apt to cover not merely a profit or fee but also a payment of this kind.

Citations:

(1988) 10 Cr App R (S) 289

Jurisdiction:

England and Wales

Cited by:

Cited – May, Regina v HL 14-May-2008
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 09 December 2022; Ref: scu.267675

Regina v Ring: 1892

The defendant was accused of a mugging offence on the Metropolitan Railway.

Citations:

(1892) 17 Cox Crim Cas 491

Jurisdiction:

England and Wales

Cited by:

Cited – Haughton v Smith, On Appeal From Regina v Smith (Roger) HL 21-Nov-1973
The defendant appealed against his conviction for attempting to handle stolen goods. They were to be delivered to him in a van, but the meat was intercepted and recovered by the police. The defendant argued that he should not be convicted of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 09 December 2022; Ref: scu.254555

Blum and others v Director of Public Prosecutions and others: Admn 20 Dec 2006

Judges:

Waller LJ and Lloyd Jones

Citations:

[2006] EWHC 3209 (Admin), [2007] ACD 40, [2007] UKHRR 233

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Followed – Ziliberberg v Moldova ECHR 1-Feb-2005
The court observed that: ‘the right to freedom of assembly is a fundamental right in a democratic society and, like the right to freedom of expression, is one of the foundations of such a society.’ it is possible to distinguish between interferences . .

Cited by:

Cited – Austin and Another v Commissioner of Police of the Metropolis CA 15-Oct-2007
The claimants appealed dismissal of their claims for false imprisonment and unlawful detention by the respondent in his policing of a demonstration. They had been held within a police cordon in the streets for several hours to prevent the spread of . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 09 December 2022; Ref: scu.249157

Regina v Griffiths: CACD 1974

It was perfectly correct to direct a jury that, in common sense and in law, they may find that the defendant knew or believed goods to have been stolen because he deliberately closed his eyes to the circumstances.

Judges:

James LJ

Citations:

(1974) 60 Cr App R 14

Jurisdiction:

England and Wales

Cited by:

Cited – Saik, Regina v HL 3-May-2006
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 09 December 2022; Ref: scu.241537

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 unclear as to infringe the human right to a fair trial.
Held: The appeal failed. Where the prosecution case is that a false allegation has been made, all that is required is that the person making the false allegation intended that it should be taken seriously by the police. It is not necessary to prove that she/he intended that anyone should actually be arrested.
The crime of conspiracy to pervert the course of justice was defined clearly in the Northern Ireland case of Bailey. That case set the bounds of justice to include as a part of the definition of a course of justice, a process of investigation. The definition was sufficiently clear not to infringe his human rights.

Judges:

Lord Justice Latham, Mr Justice Goldring and Judge Mettyear

Citations:

Times 29-May-2002, Gazette 20-Jun-2002, [2002] EWCA Crim 1033, [2002] 2 Cr App R 29, [2003] 2 WLR 115

Links:

Bailii

Statutes:

European Convention on Human Rights 7

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Bailey CANI 1956
Lord MacDermott LCJ said that the administration of public justice: ‘comprehends functions that nowadays belong, in practice almost exclusively, to the police, such as the investigation of offences and the arrest of suspected persons.’ . .
Cited – Rex v Hollingberry 1825
The court considered an allegation that the defendant had conspired to make a false charge against another.
Held: If the object of the conspiracy is extortion then the truth or falsity of the charge is immaterial. It was permissible for a . .
Cited – Regina v Grimes CACD 1968
Judge Kilner Brown confirmed the existence of the crime of attempting to pervert the course of justice: ‘Certain actions such as cheating or behaving obscenely may not be offences in a private connotation, but once the public is involved, either by . .
Cited – Rex v Rose 1937
Attempting to pervert the course of justice by misleading the police as to the commission of a criminal offence with the result of an arrest of an innocent party. . .
Cited – Rex v Rispal 19-Jun-1762
The defendants were accused of having falsely accused another man, Mr Chilton, of having removed hair from bales of human hair being sold. Mr Chilton was arrested.
Held: The justices of peace had jurisdiction in the present case; a conspiracy . .
Cited – Regina v Rowell CACD 1977
Giving a false story to the police in relation to a criminal offence resulting in the arrest of another can constitute the offence of attempting to pervert the course of justice. . .
Cited – Regina v Kellett CACD 1976
The defendant saw disparaging statements made about him by neighbours in the course of divorce proceedings. He wrote to them and asked them to withdraw the statements they had made and threatened proceedings for slander. He was charged with . .
Cited – Director of Public Prosecution v Withers HL 20-Nov-1974
The House was asked to consider whether there existed the crime of a conspiracy to commit a public mischief.
Held: There was no such crime, since it was so undefined as to be unfair to any defendant. Although at common law no clear distinction . .
Cited – MacDaniel’s Case 1775
It is the indictable offence of attempting to pervert the course of justice knowingly to charge a man falsely with any crime. . .
Cited – Regina v Panayiotou and Another CACD 1973
Interfering with potential witnesses, so as to prevent or dissuade them from testifying are acts which amount to perverting the course of Justice. . .
Cited – Regina v Manley 1933
The appellant had falsely alleged that she had been robbed by a man whose description she gave to the police. It was the description of an imaginary man. She had been convicted of unlawfully effecting a public mischief.
Held: Lord Hewart CJ . .
Cited – The King v Higgins 11-Nov-1801
Lawrence J said: ‘All offences of a public nature, that is, all such acts were attempts to lead to the prejudice of the community, are indictable.’ . .

Cited by:

Cited – Regina v Clark CACD 4-Apr-2003
The defendant had been involved in a car crash. He drove his car home, and reported the accident only the following day. He appealed against a conviction for attempting to pervert the course of justice, having defeated any possibility of his being . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 09 December 2022; Ref: scu.171303

National Crime Agency and Another v Odewale and Another: Admn 22 Jun 2020

Claim brought by the National Crime Agency (the ‘NCA’) for a civil recovery order under Chapter 2 of Part 5 of the POCA in relation to certain assets (the ‘Disputed Assets’) held by the First and Second Defendant.

Judges:

The Hon. Mrs Justice McGowan DBE

Citations:

[2020] EWHC 1609 (Admin)

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002

Jurisdiction:

England and Wales

Crime

Updated: 07 December 2022; Ref: scu.651885

Case XI 1 Cr 315, 340, 438, 9, 448 14 Jac Cr 404, Rice’s Case Trial, Justices De Peace: 1220

An indictment of barretry at the sessions of the peace may be tried the same day of the indictment found. Judged and affirmed in error. The barretor was fined 40l. and imprisoned.

Citations:

[1220] EngR 5, (1220-1623) Jenk 317, (1220) 145 ER 230 (G)

Links:

Commonlii

Jurisdiction:

England and Wales

Crime

Updated: 07 December 2022; Ref: scu.460917

Gaviria v Regina: CACD 19 Jul 2010

The defendant appealed against his conviction for sexual grooming.
Held: ‘On the face of it, the fact that the description of the offence in the heading is ‘meeting a child following sexual grooming etc’ might be taken to suggest that the behaviour antecedent to any arranged meeting must itself be sexual in nature. The phrase ‘sexual grooming’, however, does not appear in the section and although the origin of the offence might have been a concern that paedophiles could use the internet to contact and groom children, the language of the provision is far wider than ‘virtual’ sexual contact. Thus, the only requirement prior to the intentional meeting during which A (over 18) intends to do anything to B (under 16) which, if carried out, would involve the commission by A of a relevant offence is meeting or communication ‘on at least two occasions’. There is absolutely no requirement that either communication be sexual in nature.’ The appeal based on a contrary interpretation failed.

Judges:

Leveson LJ, Roderick Evans J, Stokes J

Citations:

[2010] EWCA Crim 1693

Links:

Bailii

Statutes:

Sexual Offences Act 2003 15(1)

Jurisdiction:

England and Wales

Crime

Updated: 07 December 2022; Ref: scu.420964

Mendez and Another v Regina: CACD 22 Mar 2010

The defendants appealed against their convictions for murder, saying that the judge’s directions on joint enterprise were inadequate.
Held: Allowed in part.

Judges:

Lord Justice Toulson

Citations:

[2010] EWCA Crim 516, [2010] Crim LR 874, [2010] 3 All ER 231, [2011] 3 WLR 1, [2011] QB 876

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 07 December 2022; Ref: scu.403375

Crown Prosecution Service v M and B: CACD 11 Dec 2009

Appeal by the Crown against the trial judge’s ruling rejecting the submission that the offence of bringing a prohibited article into prison under section 40C(1)(a) of the Prison Act 1952 as amended is an offence of absolute or strict liability which does not require the prosecution to prove any element of mens rea.
Held: Dismissed.

Judges:

Lord Justice Rix

Citations:

[2009] EWCA Crim 2615, [2010] 4 All ER 51, [2010] 2 Cr App Rep 33, [2011] 1 WLR 822

Links:

Bailii

Statutes:

Prison Act 1952 40A

Jurisdiction:

England and Wales

Crime

Updated: 07 December 2022; Ref: scu.406139

Regina v Eagleton: 1855

Parke B defined what constituted an attempt in criminal law: ‘The mere intention to commit a misdemeanour is not criminal. Some act is required, and we do not think that all acts towards committing a misdemeanour are indictable. Acts remotely leading towards the commission of the offence are not to be considered as attempts to commit it, but acts immediately connected with it are; and if. in this case, after the credit with the relieving officer for the fraudulent overcharge, any further step on the part of the defendant had been necessary to obtain payment we should have thought that the obtaining credit would not have been sufficiently proximate to the obtaining the money. But, on the statement in this case, no other act on the part of the defendant would have been required. It was the last act, depending on himself, towards the payment of the money, and therefore it ought to be considered as an attempt.’

Judges:

Parke B

Citations:

(1855) Dears CC 515

Jurisdiction:

England and Wales

Cited by:

Cited – Haughton v Smith, On Appeal From Regina v Smith (Roger) HL 21-Nov-1973
The defendant appealed against his conviction for attempting to handle stolen goods. They were to be delivered to him in a van, but the meat was intercepted and recovered by the police. The defendant argued that he should not be convicted of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.254525

Regina v Leeds Crown Court, Ex parte Bagoutie: 31 May 1999

Lord Bingham: ‘The court made plain in Ex p McDonald, as indeed is plain on the face of the statute, that when seeking an extension or a further extension of the custody time limit the Crown must show that there is good and sufficient [reason] for making the extension and that it has acted with all due expedition. What, however, was not made plain in Ex p McDonald (because the question did not arise) is that these two provisions are in my judgment linked. . . . It is in the ordinary way the business of the prosecution to be ready. If therefore the Crown is seeking an extension of the time limit it must show that the need for the extension does not arise from lack of due expedition or due diligence on its part. It seems clear to me, however, that the requirement of due expedition or due diligence or both is not a disciplinary provision. It is not there to punish prosecutors for administrative lapses; it is there to protect defendants by ensuring that they are kept in prison awaiting trial no longer than is justifiable. That is why due expedition is called for. The court is not in my view obliged to refuse the extension of a custody time limit because the prosecution is shown to have been guilty of avoidable delay where that delay has had no effect whatever on the ability of the prosecution and the defence to be ready for trial on a predetermined trial date.’

Judges:

Lord Bingham

Citations:

Unreported, 31 May 1999

Statutes:

Prosecution of Offences Act 1985 22(3)(b)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Manchester Crown Court, ex parte McDonald; Regina v Leeds Crown Court, ex parte Hunt; Regina v Winchester Crown Court, ex parte Forbes, ex parte Wilson and Mason CACD 19-Nov-1998
When considering applications to extend the custody time limits, courts should have in view the purpose of the rules. It would be dangerous to give a list of good reasons for an extension. The court must itself consider the fulfilment of the section . .

Cited by:

Cited – O v Crown Court at Harrow HL 26-Jul-2006
The claimant said that his continued detention after the custody time limits had expired was an infringement of his human rights. He faced continued detention having been refused bail because of his arrest on a grave charge, having a previous . .
Cited – Regina (Gibson and Another) v Winchester Crown Court QBD 24-Feb-2004
The defendant challenged extension of the custody time limit, saying that the prosecuting authorities had not acted with due diligence to take the case forward.
Held: Though the prosecutor had not acted as required, in this case the actual . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.243976

Regina v Farrell: 1862

An alleged indecent exposure to only one person did not contravene the common law.

Citations:

(1862) 9 CC 446

Jurisdiction:

England and Wales

Cited by:

Cited – Rose vDirector of Public Prosecutions Admn 16-Mar-2006
The defendant appealed his conviction for outraging public decency by behaving in an indecent manner contrary to common law. He had been in the foyer of a bank at night with a girl who performed oral sex. The action could have been seen, but was . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.241292

Regina v Baillie: 1995

Defence of provocation to charge of murder.

Citations:

[1995] 2 CAR 31

Jurisdiction:

England and Wales

Cited by:

Cited – Luc Thiet Thuan v The Queen PC 2-Apr-1996
(Hong Kong) On a trial for murder the defendant relied on the defences of diminished responsibility and provocation. Medical evidence showed the defendant suffered from brain damage and was prone to respond to minor provocation by losing his . .
Cited – Regina v Parker CACD 25-Feb-1997
The defendant appealed his conviction for murder, saying that his defence of provocation should have been left for the jury.
Held: Not following Luc, it was open to admit relevant evidence on the defendant’s capacity for self-control. Having . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.242104