Category: Crime

Regina v Metropolitan Magistrate ex parte Choudhury: CACD 1991

Watkins LJ discussed the offence of blasphemous libel in the context of a dramatic work: ‘in our opinion a statement will not necessarily be prevented from being a blasphemous libel simply because the statement is put into the mouth of a character, even a disreputable character, in a novel.’

Judges:

Watkins LJ

Citations:

[1991] 1 QB 429

Jurisdiction:

England and Wales

Cited by:

Cited – Green, Regina (on the Application of) v The City of Westminster Magistrates’ Court, Thoday, Thompson Admn 5-Dec-2007
The claimant appealed from the refusal by the magistrate to issue summonses for the prosecution for blashemous libel of the Director General of the BBC and the producers of a show entitled ‘Jerry Springer – The Opera.’
Held: The gist of the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.261812

Fook, Regina v: CACD 22 Oct 1993

The defendant appealed his conviction for assault. He had suspected a lodger of theft, and was accused of having assaulted him while interrogating him about it. He locked the complainant in his room, but he then fell whilst escaping through a first floor window. The prosecution was on the basis that the terror induced itself was an assault occasioning actual bodily harm.
Held: ‘[In] the phrase ‘actual bodily harm’ . . [are] three words of the English language which receive no elaboration and in the ordinary course should not receive any. The word ‘harm’ is a synonym for injury. The word ‘actual’ indicates that the injury (although there is no need for it to be permanent) should not be so trivial as to be wholly insignificant. The purpose of the definition in section 47 is to define an element of aggravation in the assault. It must be an assault which besides being an assault (or assault and battery) causes to the victim some injury’. Accordingly the phrase ‘actual bodily harm’ is capable of include psychiatric injury. But it does not include mere emotions such as fear or distress nor panic nor does it include, as such, states of mind that are not themselves evidence of some identifiable clinical condition. The phrase ‘state of mind’ is not a scientific one and should be avoided in considering whether or not a psychiatric injury has been caused; its use is likely to create in the minds of the Jury the impression that something which is no more than a strong emotion, such as extreme fear or panic, can amount to actual bodily harm. It cannot.

Citations:

[1993] EWCA Crim 1, [1994] 1 WLR 689, [1994] 2 All ER 552

Links:

Bailii

Statutes:

Offences Against the Person Act 1861 46

Jurisdiction:

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 – Attia v British Gas CA 26-Jun-1987
The defendant set the plaintiff’s house on fire when installing central heating. She claimed damages for the shock she suffered on hearing of the fire.
Held: The plaintiff could recover damages for psychiatric injury she suffered when the . .
Cited – Regina v Miller Assz 1954
A husband was charged with rape of his wife after she had left him and petitioned for divorce. He was also charged with an assault.
Held: There was no evidence which entitled the court to say that the wife’s implied consent to marital . .
Cited – Director of Public Prosecutions v Smith HL 1960
The defendant tried to avoid arrest and killed a policeman by driving off with the policeman clinging to the car.
Held: (1) The defendant committed murder because death or grievous bodily harm was foreseen by him as a ‘likely’ result of his . .
Cited – McLoughlin v O’Brian HL 6-May-1982
The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at home at the time of the accident, but went to the hospital immediately when she had heard what had . .
Cited – Regina v Metharam CCA 1961
The court applied a subjective test when asking whether the defendant intended the harm caused. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.245679

Regina v Patel: CACD 7 Aug 1991

Conspiracy

Citations:

Unreported, 07 August 1991, 89/4351/SI

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Alibhai and Others CACD 30-Mar-2004
The defendants appealed against their convictions for conspiracy to manufacture and distribute counterfeit Microsoft products. They said that inadequate disclosure had been provided by Microsoft. The principal witness was a participating informant . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.237905

Regina v Richens: CACD 5 Nov 1992

The defendant appealed against his conviction for murder.
Held: The judge’s direction as to the effect of the defendant’s lies had been inadequate in relation to the issue of provocation.
Lord Taylor LCJ said: ‘(The judge’s) approach appears to us to overlook the vital and incontestable fact that a man who has killed by reason of loss of self-control, and therefore faces arrest, trial and possible lengthy imprisonment, may have almost as strong reasons for attempting to conceal his deed and lie about his involvement as a man who has killed deliberately . . The point is that the jury should be alerted to the fact that, before they can treat lies as tending towards the proof of guilt of the offence charged, they must be sure that there is not some possible explanation for the lies which destroys their potentially probative effect. Applying that concept to the present case, could the jury be sure that attempts to conceal the killing and lies were inconsistent with the appellant’s case that he had killed as a result of provocation, and pointed to murder.’
In principle, however, the need for a warning along the lines indicated is the same in all cases where the jury are invited to regard, or there is a danger that they may regard lies told by the defendant, or evasive or discreditable conduct by him, as probative of his guilt of the offence in question.’

Judges:

Lord Taylor LCJ, Hutchison, Holland JJ

Citations:

[1994] 98 Cr App R 43, [1992] EWCA Crim 3, [1993] 4 All ER 877, (1994) 98 Cr App R 43

Links:

Bailii

Statutes:

Homicide Act 1957

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Andrews CACD 15-Oct-2003
The defendant sought leave to appeal her conviction for murder saying that a finding of manslaughter was appropriate for her diminished responsibility.
Held: There was insufficient evidence to establish that the judge’s directions on the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.240380

Regina v Rowley: CACD 1992

The defendant left notes in public lavatories directed to teenage boys. There were two versions of the notes. The notes in themselves were innocuous. They were designed to effect an introduction between Rowley and any boy who might read the note. Rowley’s purpose in leaving those notes in public lavatories was not difficult to see: it was to make contact with teenage boys for immoral purposes.
Held: Rowley’s acts in leaving the notes in public lavatories could not be described as lewd, obscene or disgusting, and his motive in leaving those notes could not convert what were otherwise ordinary acts into lewd, obscene or disgusting acts. He was not guilty of the offence of outraging public decency.

Judges:

Taylor LJ

Citations:

(1992) 94 Cr App R 95

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Ching Choi CACD 7-May-1999
The defendant appealed his six convictions for outraging public decency. He had used a video camera and mirrors to record images of women using the toilet in a chinese supermarket. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.239595

Regina v Davison: CACD 1992

The defendant’s conviction of affray where he had ‘swiped’ a kitchen knife towards a police officer was upheld.

Citations:

[1992] Crim LR 31

Jurisdiction:

England and Wales

Cited by:

Cited – I v Director of Public Prosecutions etc HL 8-Mar-2001
A group of youths carried petrol bombs in public, anticipating a confrontation with another group. They did not brandish them or actually threaten anybody. On dispersal by the police the bombs were dropped. On being charged with affray it was held . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.237686

Director of Public Prosecutions v Bayer, Hart, Snook, and Whistance: Admn 4 Nov 2003

The defendants protested the growing of genetically modified crops. The prosecutor appealed dismissal of charges of aggravated trespass for them having entered a crop and attached themselves to tractors. The district judge decided they had genuine fears for the surrounding area, and had not acted unlawfully.
Held: Where a defence of lawful justification is put forward the court must first determine as a matter of law whether the defence is available. In this case it was not. The district judge had confused the lawful of private property. He should have asked ‘Are the defendants contending that they used reasonable force in order to defend property from actual or imminent damage which constituted or would constitute an unlawful or criminal act?’

Judges:

Lord Justice Brooke Mr Justice Silber

Citations:

[2003] EWHC 2567 (Admin), Times 07-Nov-2003

Links:

Bailii

Statutes:

Criminal Justice and Public Order Act 1994

Jurisdiction:

England and Wales

Citing:

Cited – Hanway v Boultbee 30-Nov-1830
A person may use a proportionate degree of force to defend himself, or others, from attack or the threat of imminent attack, or to defend his property or the property of others in the same circumstances. . .
Cited – Regina v Rose 1847
A person may use proportionate force to defend himself. . .
Cited – Evans v Hughes QBD 1972
The Court considered that for a defendant to justify his possession of a metal bar on a public highway he had to show that there was an imminent particular threat affecting the particular circumstances in which the weapon was carried. . .
Cited – Taylor v Mucklow QBD 1973
The court upheld a decision of magistrates who considered that a building owner was deploying an unreasonable use of force in equipping himself with a loaded airgun against a builder who was demolishing a new extension because his bills were unpaid. . .
Cited – Attorney-General’s Reference (No 2 of 1983) CACD 3-Feb-1984
The defendant, a shop-keeper, found his shop to be in the middle of serious rioting. His shop had been damaged badly and he suffered looting. Fearing further attacks he stayed in his shop, making 10 petrol bombs for protection.
Held: A . .
Cited – Regina v Renouf CACD 1986
The defendant had used his car to chase some people who had assaulted him and had so manoeuvred his car as to prevent their escape. The statutory defence in the 1967 Act (‘a person may use such force as is reasonable in the circumstances . . in . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.187468

Regina v Teong Sun Chuah: CACD 1991

Judges:

Lord Lane CJ

Citations:

[1991] Crim LR 463

Jurisdiction:

England and Wales

Citing:

Per incuriam – Regina v Halai CACD 15-Jul-1982
The defendant went to his solicitor, who was also an agent of a building society, to raise a mortgage to purchase a house. The defendant gave false details in the form which was intended to induce the building society to make an advance. He signed . .

Cited by:

Cited – Sofroniou v Regina CACD 18-Dec-2003
The defendant appealed conviction on charges of obtaining services by deception under the section. He had obtained a credit card dishonestly and operated bank accounts dishonestly over a period of time.
Held: His acts could constitute the . .
Cited – Smith (Wallace Duncan), Regina v (No 4) CACD 17-Mar-2004
The defendant appealed convictions for fraudulent trading and obtaining property by deception, saying that the English court could not prosecute an offence committed principally in the US.
Held: Provided some substantial element (here the . .
Cited – Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals) HL 10-Jul-1996
The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception.
Held: A chose in action created by an electronic bank transfer was not property which was capable of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.183260

Regina v Natji: CACD 14 Feb 2002

The defendant was charged with an offence under the 1889 Act. He had been alleged to have paid an immigration officer for the handing over of certain files which were then destroyed. At trial, the defendant argued that since the officer was an employee of the crown, and the Crown was not a public body within the definition in that Act, the acts did not fall within the 1889 Act, and that he should rather have been charged under the 1906 Act. The 1916 Act extended the definition.
Held: The 1916 definition included ‘public authorities of all descriptions’ The wording must be checked against the meaning intended at the time, and not by reference to later uses of similar phrases in other Acts. The same 1916 Act, in section 2, drew a clear distinction between the Crown and other public bodies. The Crown was not included in the definition even as amended. The conviction was in error.

Judges:

Lord Justice Mantell, Mr Justice Bennett, And, His Honour Judge Stephens Qc

Citations:

Times 12-Mar-2002, [2002] EWCA Crim 271, [2002] Crim LR 580, [2002] 1 WLR 2337, [2002] 2 Cr App R 20

Links:

Bailii

Statutes:

Public Bodies Corrupt Practices Act 1889 1(2), Prevention of Corruption Act 1906, Prevention of Corruption Act 1916

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.167611

Regina v Hargreaves: CACD 30 Jul 1999

A cyclist stopped by the police had a knife in an inside pocket. He claimed to have taken it from home and then forgotten about it. He was advised that for the purposes of the section neither forgetfulness nor the fact that he was transporting the knife from one private property to another could amount to a good reason.
Held: The only possible defence which could have been advanced was based on forgetfulness. The law appeared clear. Gregson fitted the circumstances of this particular case and the appellant did not have a defence of ‘good reason’. The advice was correct.

Judges:

Otton LJ

Citations:

[1999] EWCA Crim 2150, 98/2069/X2

Statutes:

Criminal Justice Act 1988 139(1)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Glidewell CACD 4-May-1999
Forgetfulness might be relevant as a defence on a charge of possessing an offensive weapon. A taxi driver discovered weapons left by a passenger, but forgot having placed them in a glove compartment.
Held: The Appeal was allowed.
Cited – Director of Public Prosecutions v Gregson QBD 23-Sep-1992
A knife fell from the defendant’s jeans during the course of a police search. He claimed to have forgotten about it.
Held: It is important to concentrate on the time in respect of which the defendant is charged. Six days earlier he had the . .

Cited by:

Cited – Jolie v Regina CACD 23-May-2003
The appellant had been convicted of having a pointed article with him in a public place. He said that the car he was driving had needed an instrument to operate the lock. At first he had used a knife, but then used scissors, losing the knife in the . .
Cited – Bayliss, Regina (on the Application of) v Director of Public Prosecutions Admn 6-Feb-2003
The defendant was arrested in Tescos. On being searched he was found to have a lock knife. He had placed it in his belt and forgotten about it. He appealed conviction saying it had not been shown that he knew he still had the knife.
Held: . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.158550

Attorney-General’s Reference No 3 of 1998: CACD 25 Mar 1999

Where a defendant had been insane at the time of a burglary but was fit at the time of trial a court examining his actions under the Act was required to look only to the actions and need not enquire as to the presence of any mental element.

Judges:

Judge LJ

Citations:

Times 10-May-1999, Gazette 12-May-1999, [1999] 3 WLR 1194, [1999] EWCA Crim 835, [1999] 2 Cr App 214, (1999) 49 BMLR 124, [2000] QB 401, [1999] 3 All ER 40, [1999] Crim LR 986

Links:

Bailii

Statutes:

Trial of Lunatics Act 1883

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Antoine HL 30-Mar-2000
The appellant sought to argue that despite having been found unfit to plead under the 1964 Act, it was still open to him to argue that the defence under section 2 of the 1957 Act applied, and that he was entitled to be plead diminished . .
Cited – Norman, Regina v CACD 31-Jul-2008
The defendant suffered a degenerative disease affecting his mental capacity, and at trial the issue of his fitness to plead arose.
Held: Where the issue of unfitness arose it was necessary for the court to exercise very careful case management . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.157235

Regina v Baker and Ward: CACD 31 Mar 1999

The appellants claimed that they had been specifically instructed to rob the particular store which they were convicted of robbing, and did so under duress. The trial judge had directed the jury: ‘A person cannot rely on the defence of duress if he has voluntarily and with full knowledge of its nature joined a criminal group which he was aware might bring pressure on him of a violent kind or require him if necessary to commit offences to obtain money where he himself had defaulted to the criminal group in payment to the criminal group.’
Held: This was a misdirection: ‘What a defendant has to be aware of is the risk that the group might try to coerce him into committing criminal offences of the type for which he is being tried by the use of violence or threats of violence.’ and ‘The purpose of the pressure has to be to coerce the accused into committing a criminal offence of the type for which he is being tried.’ The appeals were accordingly allowed and the convictions quashed.

Citations:

Times 28-Apr-1999, [1999] EWCA Crim 913, [1999] 2 Cr App R 335

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Z CACD 27-Feb-2003
The defendant appealed his conviction, saying the judge had misdirected the jury as to his defence of duress. He had worked as a driver and minder in an escort agency whose owner came to be associated with a man who claimed to him responsibility for . .
Overruled – Hasan, Regina v HL 17-Mar-2005
The House was asked two questions: the meaning of ‘confession’ for the purposes of section 76(1) of the 1984 Act, and as to the defence of duress. The defendant had been involved in burglary, being told his family would be harmed if he refused. The . .
Cited – Regina v Heath CACD 7-Oct-1999
The appellant claimed that he had become indebted to a drug supplier, and that he had been compelled by threats of physical violence to collect the consignment of drugs which gave rise to his conviction. His defence of duress failed at trial.
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.157313

Regina v Clarke, Hewins: CACD 15 Feb 1999

A witness had the interviews of a co-defendant (as well as letters of which she was neither the writer nor the recipient) put into her hands for day after day so that the assertion could be made time without number that the assertions in those inadmissible documents were true, and the defendant’s evidence to the contrary was false.
Held: Her appeal succeeded. The court considered the cross examination of a defendant on a document admissible against co-accused, but not against himself.

Citations:

[1999] EWCA Crim 386, 97/4882-3/W3

Jurisdiction:

England and Wales

Cited by:

Cited – Vincent and Another v Regina CACD 26-Jan-2007
The defendants appealed their conviction for what was a planned murder of an established criminal. They complained that their trial should have been severed from another defendant who had made statements implicating them, but then failed to give . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.156786

Regina v Lauder: CACD 27 Oct 1998

A defendant who had been convicted of manslaughter by using a motor vehicle or causing death by dangerous driving, or dangerous driving, must be required to take an extended driving test before his licence is returned. Courts have no discretion not to require a test.

Citations:

Times 05-Nov-1998, Gazette 25-Nov-1998, [1998] EWCA Crim 3037

Links:

Bailii

Statutes:

Road Traffic Offenders Act 1988 36

Jurisdiction:

England and Wales

Road Traffic, Crime, Criminal Sentencing

Updated: 25 October 2022; Ref: scu.155911

Regina v Antoine: CACD 29 Apr 1999

Where, on a charge of murder, a defendant asserted his unfitness to plead, it was not possible at the hearing into that suggestion and at the same time, to attempt to decide on a plea of diminished responsibility. If there were other factual disputes as to the events these needed to be investigated at a separate hearing, and the question here was equally not the same as whether there was diminished responsibility. Questions as to mens rea were not in issue. A question was certified for the House of Lords.

Citations:

Times 10-May-1999, Gazette 26-May-1999, Times 04-Apr-2000, Gazette 05-May-2000

Statutes:

Criminal Appeal Act 1968, Homicide Act 1957 2(1)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v Antoine HL 30-Mar-2000
The appellant sought to argue that despite having been found unfit to plead under the 1964 Act, it was still open to him to argue that the defence under section 2 of the 1957 Act applied, and that he was entitled to be plead diminished . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.135846

Regina v Taylor and Goodman: CACD 27 Oct 1998

An accomplice called by the prosecution should have his convictions disclosed by the prosecution before being called. A defendant’s bad criminal record should be disclosed if he made serious allegations against a prosecution witness. The judge had a discretion.

Citations:

Times 03-Nov-1998, [1998] EWCA Crim 3039

Links:

Bailii

Jurisdiction:

England and Wales

Evidence, Crime

Updated: 25 October 2022; Ref: scu.155913

Regina v Bowden (BT): CACD 10 Feb 1999

The defendant was charged with robbing a McDonald’s restaurant. He had refused to answer questions when interviewed on arrest, and his solicitor had put on record that this was on the grounds that the solicitor did not think the evidence strong enough. At the trial, the defendant adduced the terms of that advice. The questions which he had declined to answer included enquiries into an apparent sudden increase in wealth, without obvious source, shortly after the robbery, and about his having taken a holiday immediately afterwards in Gran Canaria where he had been photographed in celebratory pose outside the local branch of McDonalds. At his trial he gave detailed explanations both for his spending and for wishing to photograph the McDonalds restaurant. Accordingly the question arose whether an adverse section 34 inference was open to the jury or not.
Held: A defendant who claimed only not to have answered police questions on legal advice, did not waive legal privilege protection until he also asked that no inferences be drawn from his silence. That request operated as a waiver of that privilege, and questions could then also be asked to establish the advice he had been given by his solicitor and its context. ‘The object of these sections was to weaken the protection which criminal defendants had previously enjoyed against the drawing of inferences adverse to them from such failures and refusals in the circumstances specified. Proper effect must of course be given to these provisions. But since they restrict rights recognised at common law as appropriate to protect defendants against the risk of injustice, they should not be construed more widely than the statutory language requires. There is nothing in any of these sections to suggest that Parliament intended in any way to modify the existing law on legal professional privilege.’

Judges:

Lord Bingham CJ, Kennedy, Jackson JJ

Citations:

Gazette 10-Mar-1999, Times 25-Feb-1999, [1999] EWCA Crim 331, [1999] 1 WLR 823, [1999] 4 All ER 43, (1999) 163 JP 337, [1999] 2 Cr App R 176

Links:

Bailii

Statutes:

Criminal Justice and Public Order Act 1994 34 35 36 37

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Webber HL 22-Jan-2004
The defendant complained that the judge had given a direction under s34 even though his counsel had only put matters to witnesses for the prosecution.
Held: A positive suggestion put to a witness by or on behalf of a defendant may amount to a . .
Cited – Regina v Milford CACD 21-Dec-2000
D was charged with three co-defendants with conspiring to import cannabis. He gave a largely no comment interview to the interviewing customs officer, but at trial said that the contacts with his co-defendants were innocent. Since this account had . .
Cited – Regina v Webber HL 22-Jan-2004
The defendant complained that the judge had given a direction under s34 even though his counsel had only put matters to witnesses for the prosecution.
Held: A positive suggestion put to a witness by or on behalf of a defendant may amount to a . .
Cited – Beckles, Regina v CACD 12-Nov-2004
The appellant had been convicted in 1997 of robbery and false imprisonment. His case was now refererred by the Criminal Cases Review Commission. The defendant had, on advice from his solicitor refused to answer questions at the police station. The . .
Cited – Seaton v Regina CACD 13-Aug-2010
The defendant had been accused of recent fabrication of evidence, having given evidence in court which varied from that given in interview on arrest. The crown had commented on his failure to call his solicitor to give evidence. The defendant said . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Crime, Legal Professions

Updated: 25 October 2022; Ref: scu.135855

Regina v Curran: CACD 29 Oct 1998

The defendant sought leave to appeal his convictions for outraging public decency. He had been seen having sex on the bonnet of a car in a car park at Heathrow.
Held: the acts complained of could found a conviction for outraging public decency.

Citations:

[1998] EWCA Crim 3048

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Knuller (Publishing, Printing and Promotions) Ltd; Knuller etc v Director of Public Prosecutions HL 1972
The defendants were charged after pasting up in telephone booths advertisements for homosexual services. They published a magazine with similar advertisements. The House was asked to confirm the existence of an offence of outraging public decency. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.155922

Regina v Kennedy: CACD 5 Nov 1998

Whilst being tried for a burglary, the defendant was asked how he had got there. He said he had driven. At the time he was disqualified, and he was charged and convicted of driving whilst disqualified. He now appealed saying he had been unaware of the disqualification at the time.
Held: He had been disqualified in his absence, and the only evidence was that there had been difficulty in serving notice. Appeal allowed.

Citations:

[1998] EWCA Crim 3137

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.156011

Regina v Williams (Jacqueline) and Crick: CACD 30 Jul 1993

The defendant was accused of having obtained by deception a mortgage advance, the amount having been paid by electronic transfer.
Held: The sum of money represented by a figure in a bank account was not fully property for the purposes of the section. The reduction of the sum standing in the lending institution’s account, and the corresponding increase in the sum standing to the credit of the mortgagor’s solicitor’s account, constituted the obtaining of intangible property within section 15(1).

Citations:

Times 18-Aug-1993, Ind Summary 06-Sep-1993

Statutes:

Thet Act 1968 4(1) 15(1)

Jurisdiction:

England and Wales

Citing:

Applied – Attorney-General of Hong Kong v Nai-Keung PC 1987
Textile export quotas (a permission to export textiles) which were surplus to the exporter’s requirements, which could be bought and sold under the apprpriate Hong Kong legislation, may be ‘property’ for the purposes of the law of theft. . .

Cited by:

Cited – Assets Recovery Agency v Olupitan and Another QBD 8-Feb-2007
The claimant was responsible for recovering money under the 2002 Act, and alleged that the first defendant had been engaged in a mortgage fraud.
Held: To succeed in such a claim for recovery the Claimant must prove, ‘on a balance of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.88317

Regina v Winston: CACD 24 Jul 1998

Conviction for forgery stood where defendant had claimed housing benefit with forged letter from landlord even if the contents of the forged document were in fact true and no prejudice to the council deceived had been shown.

Citations:

Times 24-Jul-1998, Gazette 09-Sep-1998

Statutes:

Forgery and Counterfeiting Act 1981

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.88335

Regina v Aspinall: CACD 4 Feb 1999

A known schizophrenic even though certified probably fit for interview should nevertheless have present with him in interview at a police station an appropriate adult. Assessment of such an individual is beyond the skills of a custody sergeant.

Citations:

Gazette 17-Feb-1999, Times 04-Feb-1999, [1999] EWCA Crim 185

Statutes:

Police and Criminal Evidence Act 1984

Jurisdiction:

England and Wales

Criminal Practice, Crime

Updated: 25 October 2022; Ref: scu.88372

Regina v Sinha: CACD 13 Jul 1994

The course of justice may be perverted at large by the act of a defendant even though there was no particular case before the courts yet involved. Here a doctor had, through his negligence, contributed to the death of a patient. He altered computer based records in order to protect himself against being found out. At the time of the alteration, it was inevitable that a Coroner’s Inquest at least would be held.

Citations:

Times 13-Jul-1994, Ind Summary 01-Aug-1994

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.88034

Regina v Rook: CACD 29 Jan 1993

The fact that the appellant had absented himself on the day the murder was carried out by the defendant who did the killing did not amount to an unequivocal communication of the appellant’s withdrawal from the scheme contemplated at the time he gave his assistance. The offence of counselling and procuring can be committed by the giving of assistance before the full offence. As in the case of joint enterprise where both parties are present at the scene of the crime, it is not necessary for the prosecution to show that a secondary party who lends assistance or encouragement before the commission of the crime intended the victim to be killed, or to suffer serious injury, provided it was proved that he foresaw the event as a real or substantial risk and nonetheless lent his assistance.

Citations:

Gazette 21-Apr-1993, [1993] EWCA Crim 3, [1997] Cr App R 327, [1993] 2 All ER 955, [1993] Crim LR 698

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Bryce CACD 18-May-2004
The defendant said that his involvement in the murder of which he had been convicted had been secondary only. He was alleged to have transported the killer and the gun which he used to commit the murder to a caravan near the victim’s home so that . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.87647

Regina v Simons: CACD 4 Jun 1993

The appellant had bought five consignments of drugs from a Hong Kong supplier and sold them on to an African buyer, from whom in each case he had received the purchase price which he had paid on to the supplier. He appealed confiscation orders in the amount of the sums received saying that these sums had been paid on.
Held: The appeal failed. A drug trafficking middleman is liable to a confiscation order on the receipts not just on profits. The proceeds of sale were not profit made in the sale but the sale price. It was clear that where there is a chain of contracts each purchase price is a payment. This result could not be avoided by treating the intermediary as a postman, and those acting as a conduit should not be treated differently.

Citations:

Times 04-Jun-1993, (1993) 98 Cr App R 100

Statutes:

Drug Trafficking Offenders Act 1986

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 . .
Cited – Regina v Green HL 14-May-2008
The appellant had been found to have received criminal proceeds along with another. He appealed against an order making him liable for the full amount.
Held: The appeal failed. The defendant’s argument did not face the finding that he had been . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.88027

Regina v Mitchell and King: CACD 16 Sep 1998

A defendant would sufficiently disassociate himself from a violent joint enterprise by communicating his withdrawal to the co-accused, only when the violent element was not pre-planned. Otherwise it was not sufficient merely to withdraw.

Citations:

Times 07-Oct-1998, Gazette 16-Sep-1998

Jurisdiction:

England and Wales

Citing:

Explained – Regina v Whitehouse 1941
(British Columbia) The court asked when a party to a joint enterprise may claim to have abandoned or withdrawn from that enterprise ‘Can it be said on the facts of this case that a mere change of mental intention and a quitting of the scene of the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.87373

Regina v Morhall: CACD 23 Aug 1993

A self induced addiction to glue sniffing is inconsistent with a reasonable man. Judge to say if a characteristic is consistent with the reasonable man test for the purposes of judging provocation.

Citations:

Gazette 06-Oct-1993, Ind Summary 23-Aug-1993, Times 17-Aug-1993

Statutes:

Homicide Act 1957 3

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v Morhall HL 21-Jul-1995
The defendant was a glue sniffer. He had been taunted, and eventually attacked one of those villifying him. The judge excluded from the jury that the characteristics he suffered as a glue sniffer which might affect his response to provocation.
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.87384

Regina v MacMaster: CACD 28 Oct 1998

The conversion of cash from one currency into another can of itself constitute the offence of facilitating the retention or control of the benefits of drug trafficking irrespective of the purpose of the conversion. The words in the statute are not limited.

Citations:

Gazette 04-Nov-1998, Times 28-Oct-1998, [1998] EWCA Crim 2824

Statutes:

Drug Trafficking Act 1994 50(1)(a)

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.87233

Regina v Kingston: CACD 10 May 1993

The defendant and a co-accused had sexually assaulted a boy. He appealed saying that the co-defendant had secretly administered drugs to him.
Held: The appeal succeeded. Involuntary intoxication can be a sufficient defence to a criminal charge, since it has the effect of denying mens rea. Lord Taylor CJ said: ‘In our judgment, the question can be answered by turning to first principles. The importance of ensuring, under a system of law, that members of the community are safeguarded in their persons and property is obvious and was firmly stated in Reg. v. Majewski [1977] AC 443 (see for example the speech of Lord Edmund Davies at p 495). However, the purpose of the criminal law is to inhibit, by proscription and by penal sanction, anti-social acts which individuals may otherwise commit. Its unspoken premise is that people may have tendencies and impulses to do those things which are considered sufficiently objectionable to be forbidden. Having paedophiliac inclinations and desires is not proscribed; putting them into practice is. If the sole reason why the threshold between the two has been crossed is or may have been that the inhibition which the law requires has been removed by the clandestine act of a third party, the purposes of the criminal law are not served by nevertheless holding that the person performing the act is guilty of an offence. A man is not responsible for a condition produced ‘by stratagem, or the fraud of another.’ If therefore drink or a drug, surreptitiously administered, causes a person to lose his self control and for that reason to form an intent which he would not otherwise have formed, it is consistent with the principle that the law should exculpate him because the operative fault is not his. The law permits a finding that the intent formed was not a criminal intent or, in other words, that the involuntary intoxication negatives the mens rea. As was pointed out in argument, there is some analogy to be found here in the rationale underlying the defence of duress. While it is not necessary for the decision of this case, it appears to us that if the principle applies where the offence is one of basic intent, it should apply also where the offence is one of specific intent.

We would add that there must be evidence capable of giving rise to the defence of involuntary intoxication before a judge is obliged to leave the issue to the jury. However, once there is an evidential foundation for the defence, the burden is upon the Crown to prove that the relevant intent was formed and that notwithstanding the evidence relied on by the defence it was a criminal intent.
By answering the first of the questions put to him at the beginning of the trial in the negative, the learned judge may have inhibited a sufficient ventilation of this issue at a later stage. Further, by summing up as he did, the learned judge effectively withdrew the issue from the jury. In our judgment, that amounted to a material misdirection.’

Judges:

Lord Taylor CJ

Citations:

Gazette 16-Jun-1993, Independent 11-May-1993, Times 10-May-1993, [1994] QB 81

Jurisdiction:

England and Wales

Citing:

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 by:

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

Crime

Updated: 25 October 2022; Ref: scu.87084

Regina v Klineberg; Regina v Marsden: CACD 19 Nov 1998

When money had been received on a trust to send to a stakeholder but was misappropriated, the money still belonged to the payer, and a prosecution for theft was correct. This was different from cases where money was spent for the purposes stated.

Citations:

Times 19-Nov-1998

Statutes:

Theft Act 1968 5(3)

Jurisdiction:

England and Wales

Citing:

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

Crime

Updated: 25 October 2022; Ref: scu.87092

Regina v Gray, Liggins, Rowlands, Ridings: CACD 5 Aug 1994

Without an allegation of conspiracy, there are severe limitations on the use of the evidence of one defendant against other co-defendants. Evidence against one defendant was inadmissible against others without an allegation of a common enterprise.

Citations:

Times 05-Aug-1994, Gazette 26-Oct-1994

Jurisdiction:

England and Wales

Evidence, Crime

Updated: 25 October 2022; Ref: scu.86756

Regina v Brown etc: CACD 15 Apr 1992

The defendants appealed against their convictions for offences under the 1861 Act of assaults inflicting injury. They said that as sado-masochists, they had mutually consented to the assaults and that no offences had been commited, but pleaded gulty after the judge ruled that consent was not a defence.
Held: In the case of a mere assault, consent was a defence, but once a serious wound or actual bodily harm was inflicted without good reason, consent was no longer a defence. The satisfaction of sado-masochistic libido was no sufficient reason in law for committing a serious assault on a willing victim.

Citations:

Gazette 15-Apr-1992, [1992] QB 491, [1992] 2 All ER 552, [1992] 2 WLR 441

Statutes:

Offences Against The Persons Act 1861 20 47

Jurisdiction:

England and Wales

Citing:

Cited – Rex v Donovan CCA 1934
The defendant was convicted of indecent assault and common assault after caning a 17 year old female complainant for the purposes of sexual gratification. The complainant suffered actual bodily harm, though the defendant was not charged with an . .
Cited – Regina v Coney QBD 18-Mar-1882
A public prize-fight was unlawful. Spectators were tried at Berkshire County Quarter Sessions with common assault. The Chairman of Quarter Sessions directed the jury to convict the spectators of common assault on the basis that having stayed to . .
Cited – Attorney-General’s Reference (No 6 of 1980) CACD 1981
The court considered a reference on a point of law as to whether consent could be a defence to a charge of assault arising out of a fight in a public place to which the other party consented.
Held: Lord Lane CJ said: ‘It is not in the public . .

Cited by:

Cited – Airedale NHS Trust v Bland HL 4-Feb-1993
Procedures on Withdrawal of Life Support Treatment
The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court . .
Appeal from – Regina v Brown (Anthony); Regina v Lucas; etc HL 11-Mar-1993
The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that the prosecution had not needed to . .
See Also – Laskey, Jaggard and Brown v The United Kingdom ECHR 19-Feb-1997
A prosecution for sado-masochist acts was a necessary invasion of privacy to protect health. The Court found no violation where applicants were imprisoned as a result of sado-masochistic activities captured on video tape when police obtained . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.86241

Regina v CPC (UK) Ltd, CPC (UK) Ltd v National Rivers Authority: CACD 4 Aug 1994

The defendant operated a factory, using cleaning liquid carried through PVC piping. The piping leaked because it had been badly installed by the reputable subcontractors employed by the previous owners of the factory.
Held: Although the defendants were unaware of the existence of the defect and ‘could not be criticised for failing to discover it,’ the pollution had nevertheless been caused by their operation of the factory. So the fact that the negligent installation of the pipes had been unforeseeable was no defence. Liability for river pollution is strict. It existed even where the owner had no knowledge of a leak in a pipe put in before he acquired the land. Whether he had caused the pollution remained a question of fact for the jury.

Judges:

Lloyd LJ

Citations:

Independent 30-Aug-1994, Times 04-Aug-1994, [1994] Env LR 131

Statutes:

Water Resources Act 1991 85(1) 209

Jurisdiction:

England and Wales

Cited by:

Cited – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Lists of cited by and citing cases may be incomplete.

Environment, Utilities, Crime

Updated: 25 October 2022; Ref: scu.86463

Regina v Brown: CACD 28 May 1993

A police officer misused his position to access records held on a police computer.
Held: Merely accessing computer data by viewing it was not ‘use’ within the Act, and this particular offence was not established. The word ‘use’ must be given its ordinary meaning, which required something more. The court certified a question of law and refused leave to appeal.

Judges:

Staughton LJ, Hidden and Laws JJ

Citations:

Times 04-Jun-1993

Links:

lip

Statutes:

Data Protection Act 1984 5(2)(b)

Jurisdiction:

England and Wales

Information, Crime

Updated: 25 October 2022; Ref: scu.86240

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 made no distinction. The sentence was however reduced.

Judges:

Mantell LJ, Gray J, David Clarke QC

Citations:

Times 11-Nov-1998, Gazette 25-Nov-1998, [1998] EWCA Crim 2875

Statutes:

Misuse of Drugs Act 1971 8(b)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Shivpuri HL 15-May-1986
The defendant had been accused of attempting to import controlled drugs, but the substances actually found were not in fact a controlled drug, though he had believed and intended them to be. He appealed saying that he should not be conviced of an . .
Cited – Regina v Souter CACD 1971
The word ‘permitting’ connotes knowledge of that which is said to be permitted. . .
Cited – Regina v Thomas and Thomson 1976
The word ‘suffers’ adds nothing to to the word ‘permits’ in the context of preises being used for the consumption of unlawful drugs, since each carries the same meaning. . .
Cited – Regina v Courtie HL 1984
The House considered how to frame an indictment in a case of buggery where the prescribed punishment differed depending on the particular factual ingredients.
Held: Lord Diplock said: ‘Where it is provided by a statute that an accused person’s . .
Cited – Warner v Metropolitan Police Commissioner HL 1968
The appellant had been convicted of an offence contrary to section 1 of the 1964 Act, of having been found in possession of drugs.
Held: (Reid dissenting) The prosecution had only to prove that the accused knew of the existence of the thing . .
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 . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.86125

Regina v Brockley: CACD 25 Nov 1993

The offence of acting as a company director whilst being an undischarged bankrupt is an absolute offence.

Citations:

Gazette 26-Jan-1994, Times 25-Nov-1993, [1994] 99 Cr App R 385

Statutes:

Company Directors Disqualification Act 1986 11(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Doring CACD 24-Jun-2002
The defendant was charged with acting as a company director whilst being an undischarged bankrupt, and also of being involved in the management of a company using a prohibited name. She said that she had not known that the part she took in the . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Company, Crime

Updated: 25 October 2022; Ref: scu.86229

Regina v Whitehouse: CACD 10 Dec 1999

The offence of endangering the flight of an aircraft required proof that there followed from the act of the defendant a real risk of danger, a danger that should not be ignored. A passenger refused to turn off his mobile phone. The prosecution brought evidence that the phone would emit signals searching for a base, and that such signals might interfere with the flight systems. The risk was of disastrous consequences for life, and the judge correctly identified the risk to be shown.

Citations:

Times 10-Dec-1999, Gazette 07-Jan-2000

Statutes:

Air Navigation (No 2) Order 1995 (1995 No 1970) Art 55

Jurisdiction:

England and Wales

Transport, Crime

Updated: 25 October 2022; Ref: scu.85610

Regina v Boal (Francis): CACD 3 Jun 1992

A temporary manager brought in for a week was not a responsible officer for fire precautions’ breaches. An appeal against conviction after a plea of guilty has been tendered will only be entertained in exceptional circumstances, for example where an appellant is without fault and has been deprived of what was, in all likelihood, a good defence in law. However, Simon Brown J said: ‘This decision should not be taken as a licence to appeal by anyone who discovers that following conviction (still less where there has been a plea of guilty) some possible line of defence has been overlooked. Only most exceptionally will this Court be prepared to intervene in such a situation. Only, in short, where it believes that the defence would quite probably have succeeded and concludes, therefore, that a clear injustice has been done.’

Judges:

Simon Brown J

Citations:

Gazette 03-Jun-1992, (1992) Cr App R 272

Statutes:

Fire Precautions Act 1971 7(4)

Jurisdiction:

England and Wales

Cited by:

Cited – White v Regina CACD 15-Apr-2014
The defendant sought an extension of time for leave to appeal against his conviction for fraud. After his conviction there had been academic debate as to its basis, and the present application was not opposed. He had originally been charged under . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.85730

Regina v Leeson: CACD 2 Nov 1999

On a charge of possession of a class A controlled drug with intent to supply, it was necessary for the prosecution to show the possession of a controlled drug, but not necessarily to prove which drug within the class was possessed. The prosecution must show an intention to supply the substance found even if the possessor was mistaken as to its precise nature.

Citations:

Times 02-Nov-1999

Statutes:

Misuse of Drugs Act 1971 5(3)

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.85358

Regina v Lubega: CACD 1 Feb 1999

The defendant appealed against his sentence of 28 days imprisonment for contempt of court. He was late to court and warned that if he was late on the following day it would be treated as contempt. He was so late, and in his absence the judge made arrangements for his immediate detention pending a decision later that day.
Held: Saying that a Bail Act offence may be dealt with procedurally in a similar manner to a contempt of court, is not to say that it should be punished on the same basis. It gives a speedy alternative procedure, not an equation of the seriousness of the offence.
Smith LJ said: ‘the effect of section 6(5) is not to convert an offence under the Bail Act into a contempt of court, but simply to provide a speedy and effective alternative method of dealing with such an offence. Therefore it follows that the judge was not entitled to deal with the matter as a contempt of court and he erred in doing so.’

Judges:

Swintin Thomas LJ, Tucker, Penry-Davey JJ

Citations:

Times 10-Feb-1999, [1999] EWCA Crim 215

Links:

Bailii

Statutes:

Bail Act 1976 6(5)

Jurisdiction:

England and Wales

Citing:

Cited – Schiavo v Anderton QBD 1986
‘Surrender to custody’ means by section 2(2) in this context ‘surrendering himself into the custody of the court . . at the time and place for the time being appointed for him to do so.’ The failure to do that is by section 6(1) an offence. The . .
Cited – Regina v Reader CACD 1987
The offence of absconding whilst on bail has never constituted a contempt of court. Even so it is punishable as if it were contempt. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.85379

Regina v Marjoram: CACD 3 Dec 1999

Where injuries occurred as part of an attempt by the complainant to escape the acts of the defendant, the correct direction from the judge was that the injury must have been reasonably foreseeable as a consequence by a reasonable person in the defendant’s shoes

Citations:

Times 03-Dec-1999

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.85392

Regina v Lalani: CACD 22 Jan 1999

In prosecuting a juror for acts intended to pervert the course of justice, it must be shown not only that the juror spoke to the defendant about the matter, but that the juror intended to interfere with justice or the nature of the communication did so. Brooke LJ said: ‘It appears from the authorities that the prosecution must either prove an intent to pervert the course of justice or, as in Meissener an intent to do something which, if achieved, would pervert the course of justice. The course of justice may be perverted if it is obstructed, interfered with, defeated or changed.’

Judges:

Brooke LJ

Citations:

Times 28-Jan-1999, Gazette 17-Feb-1999, [1999] EWCA Crim 130

Jurisdiction:

England and Wales

Cited by:

Cited – Re S 36 Criminal Justice Act 1972; Attorney General’s Reference No 1 of 2002 CACD 14-Oct-2002
The court was asked: ‘Whether the common-law offence of perverting the course of public justice is committed where false evidence is given or made, not to defeat what the witness believes to be the ends of justice, or not to procure what the witness . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.85351

Regina v Eyck; R v Hadakoglu: CACD 8 Feb 2000

The offence of being knowingly concerned in making arrangements for illegal entry of aliens into the United Kingdom was committed if the constituents of the offence were shown. That did not necessitate the actual bringing of someone into the UK. Here the defendant had driven a van onto a ferry bound for Dover when illegal immigrants were discovered inside. The offence was complete.

Citations:

Times 08-Feb-2000

Statutes:

Immigration Act 1971 25 (1) (a)

Jurisdiction:

England and Wales

Crime, Immigration

Updated: 25 October 2022; Ref: scu.85251

R v Eyck; R v Hadakoglu: CACD 3 Feb 2000

The offence of being knowingly concerned in making arrangements for illegal entry of aliens into the United Kingdom was committed if the constituents of the offence were shown. That did not necessitate the actual bringing of someone into the UK. Here the defendant had driven a van onto a ferry bound for Dover when illegal immigrants were discovered inside. The offence was complete.

Citations:

Gazette 03-Feb-2000

Statutes:

Immigration Act 1971 25 (1) (a)

Jurisdiction:

England and Wales

Crime, Immigration

Updated: 25 October 2022; Ref: scu.85252

Regina v Jackson (TS): CACD 13 May 1999

In a charge of conspiring to supply a third party with a drug, the allegation must involve a party other than a co-conspirator. That person must himself be a stranger to the conspiracy for the section to have any significant meaning.

Citations:

Times 13-May-1999, Gazette 19-May-1999

Statutes:

Criminal Law Act 1977 2(1)

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.85329

Department of Trade and Industry v Cedenio: QBD 22 Mar 2001

The provisions of the Act which required the owner of a business to be identified, were satisfied by the owner of the business signing his name on correspondence. The Act could not be read so as to require the addition of some phrase such as ‘trading as’ Similarly there was no requirement to add an explicit statement that a particular address was an address for service.

Citations:

Times 22-Mar-2001

Statutes:

Business Names Act 1985 4(1) 4(6)

Jurisdiction:

England and Wales

Commercial, Crime

Updated: 25 October 2022; Ref: scu.79912

Regina v A (Child Abduction): CACD 15 Oct 1999

To be convicted of the offence of child abduction, it need only be shown that the defendant was the effective cause of the abduction, not that he was the sole cause of the abduction. Here the appellant had been convicted after going to London with a fifteen year old girl, who wanted to leave home. The defendant had been warned by her parents not to do so, and the girl’s consent could not affect the issue.

Citations:

Gazette 20-Oct-1999, Times 15-Oct-1999, [2000] 1 Cr App R 418

Statutes:

Child Abduction Act 1984 2

Jurisdiction:

England and Wales

Cited by:

Cited – Norman, Regina v CACD 31-Jul-2008
The defendant suffered a degenerative disease affecting his mental capacity, and at trial the issue of his fitness to plead arose.
Held: Where the issue of unfitness arose it was necessary for the court to exercise very careful case management . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.85104

Director of Public Prosecutions v Armstrong: CACD 10 Dec 1999

It is not necessary to establish that a person inciting another to commit an offence, and the person incited should have the same intention or mens rea. A person calling a police officer and inciting him to send indecent images of children committed the offence of inciting the supply despite the absence at any time of an intention in the person called to comply.

Citations:

Times 10-Dec-1999

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.79982

Regina v Allen (Brian Roger): CACD 13 Oct 1999

The legislation encompassed the failure to pay tax as a benefit accrued through criminal activity, and therefore a court could order forfeiture of the proceeds of the crime, even though the wrong-doer might remain liable for the unpaid taxes in civil law. The possibility of such double liability was not relevant to the criminal proceedings.

Citations:

Times 13-Oct-1999

Statutes:

Criminal Justice Act 1988 71(5)

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.85111

Regina v Bowden: CACD 10 Nov 1999

The defendant downloaded indecent images of children onto his computer, and printed them out. He was convicted of making new images by virtue of creating copies on his disc by downloading, by displaying them on his screen, and by printing them out.
Held: He had been properly convicted. Such creation of new copies was clearly the ‘making’ of images in the ordinary and natural meaning of that term: ‘In our judgment section 1 as amended is clear and unambiguous in its true construction. Quite simply, it renders unlawful the making of a photograph or a pseudo-photograph. There is no definition section. Accordingly the words ‘to make’ must be given their natural and ordinary meaning. In this context this is ‘to cause to exist; to produce by action, to bring about’ (OED). As a matter of construction such a meaning applies not only to original photographs but, by virtue of section 7, also to negatives, copies of photographs and data stored on computer disc.
We do not accept that s.1 in its present form is either ambiguous or obscure. We are certainly not persuaded that in some way the draftsman nodded and produced an ambiguous, obscure or illogical result. Nor do we accept that the natural interpretation leads to any absurdity suggested by counsel. We prefer the submission … of the respondent: ‘a person who either downloads images onto disc or who prints them off is making them. The Act is not only concerned with the original creation of images, but also their proliferation.”

Judges:

Otton LJ, Smith and Collins JJ

Citations:

Gazette 08-Dec-1999, Times 19-Nov-1999, [2001] QB 88, [1999] EWCA Crim 2270, [2000] Crim LR 381, [2000] 2 Cr App R (S) 26, [2000] 2 All ER 418, [2000] 2 WLR 1083

Links:

Bailii

Statutes:

Protection of Children Act 1978 1(1)(a)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Smith, Regina v Jayson CACD 7-Mar-2002
The defendants were convicted of making indecent quasi-photographs of children under the Act. They had received e-mails, and opened the images in attachments to those e-mails. They appealed saying that the opening of the attachment was not . .
Cited – Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions Admn 8-Mar-2000
For possession of an indecent image of a child to be proved, it was necessary to establish some knowledge of its existence. Images stored without the defendant’s knowledge by browser software in a hidden cache, of which he was also unaware, were not . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.85136

Attorney-General’s Reference (No 1 of 1998): CACD 30 Sep 1998

Where the defendant had agreed to receive a package expected to contain drugs which were to be posted from abroad he had already committed the offence of being concerned in importation of controlled drug. Any uncertainty of future events was no bar to the offence.

Citations:

Times 02-Oct-1998, Gazette 30-Sep-1998

Statutes:

Customs and Excise Management Act 1979 170(2)(b)

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.77999

Attorney-General’s Reference (No 2 of 1992): CACD 21 Jun 1993

The defendant lorry driver collided with cars parked on the hard shoulder of the motorway, killing two people. He pleaded in defence a non-insane automatism induced by the experience of ‘repetitive visual stimulus experienced on long journeys on straight flat roads’
Held: Driving without awareness cannot be used as a defence of automatism, where the loss of awareness was short of the total loss of voluntary control: ‘the defence of automatism requires that there was a total destruction of voluntary control on the defendant’s part. Impaired, reduced or partial control is not enough. Professor Brown [who gave expert evidence for the respondent] accepted that someone ‘driving without awareness’ within his description, retains some control. He would be able to steer the vehicle and usually to react and return to full awareness when confronted by significant stimuli.”

Judges:

Lord Taylor LCJ

Citations:

Gazette 14-Jul-1993, Ind Summary 21-Jun-1993, Times 31-May-1993, [1993] 4 All ER 683, [1993] 3 WLR 982

Statutes:

Criminal Justice Act 1972

Jurisdiction:

England and Wales

Citing:

Approved – Roberts v Ramsbottom 1980
A motorist was involved in an accident when unknowingly he was suffering from a stroke and was unaware of his unfitness to drive. The court considered several criminal cases about automatism before holding: ‘I am satisfied that in a civil case a . .

Cited by:

Not followed – Mansfield and Another v Weetabix Limited and Another CA 26-Mar-1997
A lorry belonging to the defendants failed to take a bend crashing into the plaintiffs’ shop causing extensive damage. Mr Terence Tarleton, the driver later died, as did Mrs Mansfield. Mr Tarleton did not know he had malignant insulinoma, resulting . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.78003

British Pregnancy Advisory Service, Regina (on The Application of) v The Secretary of State for Health and Social Care: CA 10 Mar 2020

correct construction of the words ‘the pregnancy has not exceeded its twenty-fourth week’ in section 1(1)(a) Abortion Act 1967

Judges:

Lady Justice Nicola Davies

Citations:

[2020] EWCA Civ 355

Links:

Bailii

Statutes:

Abortion Act 1967 1(1)(a)

Jurisdiction:

England and Wales

Health Professions, Crime

Updated: 25 October 2022; Ref: scu.648604

Baines, Regina v: CACD 22 Mar 2019

Appeal from a conviction of murder based on an argument that the trial judge gave inadequate directions to the jury as to the inadmissibility as evidence of certain materials which had been referred to at an earlier stage of the trial.

Citations:

[2019] EWCA Crim 536

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.637800

Galdikas and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 26 Apr 2016

‘The present application is principally concerned with the issue of whether there has been a failure by the Secretary of State for the Home Department and by the Secretary of State for Work and Pensions to put in place a comprehensive support regime for recognised victims of human trafficking in accordance with the United Kingdom’s obligations, in particular after the conclusion of the 45-day recovery and reflection period in which those victims are entitled to assistance and support.’

Judges:

Sir Stephen Silber

Citations:

[2016] EWHC 942 (Admin), [2016] WLR(D) 214, [2016] 1 WLR 4031

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Crime, Human Rights

Updated: 25 October 2022; Ref: scu.562902

EB And Others v Austria: ECHR 7 Nov 2013

The applicants challenged refusal of the respondent country to remove details of their convictions under a law which was later declared unconstitutional.

Judges:

Isabelle Berro-Lefevre, P

Citations:

31913/07 – Chamber Judgment, [2013] ECHR 1098

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights, Crime

Updated: 25 October 2022; Ref: scu.517621

Rex v Watson: 1847

The defendant having indecently exposed himself in Paddington Churchyard to a 12 year old girl was charged with committing a public nuisance.
Held: Only one person had seen him. The charge could not be sustained unless there had been at least two people present, of whatever sex. Lord Denman CJ said: ‘The general rule is that a nuisance must be public; that is, to the injury or offence of several. There is no precedent of such an indictment as the present and we are not inclined to make one.’

Judges:

Lord Denman CJ

Citations:

(1847) 3 Cox CC 376

Jurisdiction:

England and Wales

Cited by:

Applied – Rex v Webb 1848
(Exchequer Chamber) The defendant was accused of having exposed himself to a barmaid in the bar of a public house when there was no one else in sight. The charge was for outraging public decency contrary to common law. She ran off and informed her . .
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 . .
Cited – Hamilton, Regina v CACD 16-Aug-2007
The defendant appealed his conviction for outraging public decency. He had surreptitously filmed up the skirts of women in a supermarket. The offence was only discovered after the films were found on a search of his home for other material. The . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 24 October 2022; Ref: scu.241290

Rex v Webb: 1848

(Exchequer Chamber) The defendant was accused of having exposed himself to a barmaid in the bar of a public house when there was no one else in sight. The charge was for outraging public decency contrary to common law. She ran off and informed her husband. Nobody else had been in sight. The defendant argued that he should not have been convicted of outraging public decency as the indictment averred that he exposed and exhibited himself in the ‘presence’ (as opposed to ‘within sight and view’) of the woman and others; that it was essential it be in the sight of the public and that the words used in the indictment did not make this clear, and that only one woman was involved, and that the law required there to be two or more.
Held: There was no proof that the act had taken place in the presence of more than one person, and the charge failed. The judges differed as to their reasons.
Pollock CB observed in the course of argument: ‘This indictment says ‘in the presence of’; and it might be that the defendant took particular care that it should not be seen.’

Judges:

Pollack CJ, Cresswell Parke B

Citations:

(1848) 3 Cox CC 183, (1848) 2 Carr and K 933, (1848) 1 Den 338

Jurisdiction:

England and Wales

Citing:

Applied – Rex v Watson 1847
The defendant having indecently exposed himself in Paddington Churchyard to a 12 year old girl was charged with committing a public nuisance.
Held: Only one person had seen him. The charge could not be sustained unless there had been at least . .

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 . .
Cited – Hamilton, Regina v CACD 16-Aug-2007
The defendant appealed his conviction for outraging public decency. He had surreptitously filmed up the skirts of women in a supermarket. The offence was only discovered after the films were found on a search of his home for other material. The . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 24 October 2022; Ref: scu.241291

McCotter-Henry, Regina v: CACD 16 Mar 2018

Renewed application for leave to appeal from convictions of three counts of aggravated burglary, contrary to section 10 of the Theft Act (count 1), wounding with intent to do grievous bodily harm, contrary to section 18 of the Offences Against the Person Act (count 2) and having a firearm with intent, contrary to section 18 of the Firearms Act 1968 (count 3).

Citations:

[2018] EWCA Crim 965

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 24 October 2022; Ref: scu.624034

Addow, Regina v: CACD 12 Apr 2018

Renewed application for leave to appeal sentence – offering to supply a controlled drug of Class A to another, contrary to section 4(3)(a) of the Misuse of Drugs Act 1971 and a further offence of supplying a controlled drug of Class A to another under the same provision.

Citations:

[2018] EWCA Crim 903

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 24 October 2022; Ref: scu.624061

Hiri v Secretary of State for The Home Department: Admn 18 Feb 2014

The Claimant applied for judicial review of the Defendant’s decision to refuse his application for naturalisation as a British citizen, and subsequently confirmed on review. The reason for refusal was that the Defendant was not satisfied that he met the ‘good character’ requirement for naturalisation because of his conviction for a speeding offence which would not be ‘spent’ under the Rehabilitation of Offenders Act 1974 until 17th November 2016. He had been driving at 81mph in a temporary 50mph section of a motorway.
Held: The claim succeeded. The decision was not irrational, but had erred on concentrating solely on the conviction: ‘ in deciding whether an applicant for naturalisation meets the requirement that ‘he is of good character’, for the purposes of the British Nationality Act 1981, the Defendant must consider all aspects of the applicant’s character. The statutory test is not whether applicants have previous criminal convictions – it is much wider in scope than that. In principle, an applicant may be assessed as a person ‘of good character’, for the purposes of the 1981 Act, even if he has a criminal conviction. Equally, he may not be assessed as a person ‘of good character’ even if he does not have a criminal conviction. ‘ The respondent had ignored unusually strong evidence of good character.

Judges:

Lang DBE J

Citations:

[2014] EWHC 254 (Admin)

Links:

Bailii

Statutes:

Rehabilitation of Offenders Act 1974, British Nationality Act 1981 6(1)

Jurisdiction:

England and Wales

Immigration, Crime

Updated: 24 October 2022; Ref: scu.521402

Ocalan v Turkey: ECHR 12 May 2005

(Grand Chamber) – The applicant had been detained in Kenya. He had allowed himself to be taken by Kenyan officials to Nairobi airport in the belief that he was free to leave for a destination of his choice, but they took him to an aircraft in which Turkish officials were waiting for him and he was arrested after he had boarded the aircraft.
Held: In order for an arrest or detention in connection with court proceedings to be degrading within the meaning of article 3 it must be of a special level and it must in any event be different from the usual degree of humiliation that is inherent in arrest or detention: ‘It is common ground that, directly after being handed over to the Turkish officials by the Kenyan officials, the applicant was under effective Turkish authority and therefore within the ‘jurisdiction’ of that State for the purposes of art 1 of the Convention, even though in this instance Turkey exercised its authority outside its territory. It is true that the applicant was physically forced to return to Turkey by Turkish officials and was under their authority and control following his arrest and return to Turkey (see, in this respect, the aforementioned decisions in the cases of Illich Ramirez Sanchez v France and Freda v Italy; and, by converse implication, Bankovic v Belgium (2001) 11 BHRC 435).’

Citations:

46221/99, [2005] ECHR 282, 18 BHRC 293, (2005) 41 EHRR 45, (2005) 41 EHRR 18

Links:

Worldlii, Bailii, Bailii

Statutes:

European Convention on Human Rights 83

Jurisdiction:

Human Rights

Citing:

See Also – Ocalan v Turkey ECHR 12-Mar-2003
The applicant had led Kurdish separatists training and leading a gang of armed terrorists. Warrants for his arrest had been taken out in Turkey. He had lived for many years in Syria but then sought political asylum in Greece, Russia and Italy, none . .

Cited by:

Cited – Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
Cited – Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence CA 21-Dec-2005
The claimants were dependants of Iraqi nationals killed in Iraq.
Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The . .
Cited – Bary and Others, Regina (on The Application of) v Secretary of State for Justice and Another Admn 19-Mar-2010
The applicants, incarcerated at Long Lartin pending extradition or deportation, challenged a decision further restricting their movements within the prison. All were unconvicted, and all but one were suspected of terrorist crimes. The changes were . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean SC 28-Jun-2017
(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord . .
Cited – The Government of Ghana v Gambrah and Another Admn 16-May-2014
Ghana appealed from refusal of extradition of the respondent to face a charge of murder. The only sentence for murder in Ghana was death, but the government had undertaken not to impose that sentence. The district judge accepted the undertaking, but . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Crime

Leading Case

Updated: 24 October 2022; Ref: scu.231144

Gul (M), Regina v: CACD 22 Feb 2012

The defendant appealed against his conviction under the 2006 Act for disseminating terrorist publications. He had uploaded to the internet videos showing attacks ofn coalition forces on soldiers of the coalition. He said that his were not acts falling within the offence.
Held: The appeal failed. The court underlined the ‘comprehensive’ scope and ‘broad’ nature of the definition of terrorism in the 2000 Act

Judges:

Sir John Thomas P QBD, Silber, Kenneth Parker JJ

Citations:

[2012] EWCA Crim 280, [2012] WLR(D) 44, [2012] Crim LR 645, [2012] 1 Cr App R 37, [2012] 1 WLR 3432, [2012] 3 All ER 83

Links:

Bailii, WLRD

Statutes:

Terrorism Act 2000 1, Terrorism Act 2006 2

Jurisdiction:

England and Wales

Cited by:

Appeal from – Gul, Regina v SC 23-Oct-2013
Mr Gul appealed against a dismissal of his appeal against his conviction for dissemination of terrorist publications contrary to section 2 of the 2006 Act. The Court was now asked as to the meaning of ‘terrorism’ in section 1 of the Terrorism Act . .
Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 23 October 2022; Ref: scu.451459

Regina v Khan and Others: CACD 16 Jan 2009

The defendants appealed against their convictions for allowing the death of a vulnerable adult against section 4 of the 2004 Act. The deceased was beaten to death by her violent husband. The defendants were other members of the family who, it was said must have been aware of the beatings for at least three weeks before the death, but had done nothing. The judge directed the jury that the phrase ‘frequent contact’ in section 5(1)(a)(ii) were ordinary words not requiring interpretation. The defendants argued that they should have been given the particular meaning in 5(1)(d)(i)(iii), which would, they said have restricted that they could be said to have foreseen.
Held: The appeals failed. Whether there had been frequent contact was to be answered independently of the definitions in 5(1)(d). It was free standing. In other circumstances a judge might have explored what the defendant might have been expected to do, but not in this case.

Judges:

Lord Judge LCJ, Forbes and Slade JJ

Citations:

[2009] EWCA Crim 2, [2009] Crim LR 348, [2009] 1 Cr App R 28

Links:

Bailii

Statutes:

Domestic Violence, Crimes and Victims Act 2004 4

Jurisdiction:

England and Wales

Crime

Updated: 23 October 2022; Ref: scu.280016