Category: Crime

Guardian News and Media Ltd and Others v Incedal: CACD 24 Sep 2014

Judges:

Gross LJ, Simon, Burnett JJ

Citations:

[2014] EWCA Crim 1861, [2014] HRLR 28, [2015] EMLR 2

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See also – Guardian News and Media Ltd and Others v R and Incedal CACD 9-Feb-2016
Appeal against refusal of permission to report trial. The prosecution said that there was a threat to national security owing to the nature of the evidence to be given, and the trial was to be held in camera.
Held: The Court gave guidance as . .
Lists of cited by and citing cases may be incomplete.

Crime, Media

Updated: 13 October 2022; Ref: scu.536999

Lloyd and Another, Regina v: CACD 23 Apr 1985

Lord Lane LCJ said: ‘Bearing in mind the observation of Edmund Davis LJ in Warner (1970) 55 CAR 93, we would try to interpret the section in such a way as to ensure that nothing is construed as an intention permanently to deprive which would not prior to the 1968 Act have been so construed. Thus the first part of section 6 (1) seems to us to be aimed at the sort of case were a defendant takes things and then offers them back to the owner for the owner to buy if he wishes. If the taker intends to return them to the owner only upon such payment, then, on the wording of section 6 (1) that is deemed to amount to the necessary intention permanently to deprive;’

Judges:

Lord Lane LCJ

Citations:

[1985] EWCA Crim 1, [1985] QB 829, (1985) 81 CAR 182

Links:

Bailii

Statutes:

Theft Act 1968 6(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Marshall, Regina v CACD 6-Mar-1998
Sale of Unexpired Portion of Ticket can be a Theft
The defendants had been using London Underground tickets, but selling on the unused balance after their journey. On a ruling at trial, they pleaded guilty to theft, but now appealed.
Held: The appeals failed. Although the tickets had passed to . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.247955

Regina v Campbell: 1987

Given psychiatric evidence given at the trial, the judge should have directed the jury not only on provocation but also on diminished responsibility.

Citations:

(1987) 84 Cr App R 255

Statutes:

Homicide Act 1957 2

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Borthwick CACD 18-May-1998
Prior to the trial the appellant had been examined by a psychiatrist, but he refused to allow a more detailed examination to be undertaken and pleaded not guilty on the basis that he denied responsibility for the killing. He was convicted. Shortly . .
Cited – Regina v Campbell CACD 25-Oct-1996
The defendant appealed against his conviction for murder. At trial he had pleaded provocation, but not that he suffered abnormality of mind. Subsequent evidence of his state of mind led to this referral. The court now received fresh evidence to . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.241720

Regina v Morris (David); Anderton v Burnside: HL 2 Jan 1983

The defendants had been accused of theft. One switched labels on a joint of pork in a supermarket, and the other presented the meat with the now cheaper label for purchase.
Held: The appeals were dismissed. There can be no conviction for theft unless all four elements contained in section 1(1) are proved; (b) for the purposes of section 3(1) it is sufficient to prove the assumption of any of the rights of the owner in the goods in question; (c) the substitution of a label showing a lesser price on goods for one showing a greater price constitutes an assumption of one of the rights of the owner of the goods and amounts to an appropriation of those goods.
It was not necessary to demonstrate an assumption by the accused of all the owners rights, simply to show the assumption of some of the rights of the owner of the goods in question.

Judges:

Lord Roskill

Citations:

[1984] AC 320, [1983] 3 WLR 697, [1983] 3 All ER 288, [1984] UKHL 1

Links:

Bailii

Statutes:

Theft Act 1968 1(1)

Jurisdiction:

England and Wales

Citing:

Applied – Lawrence v Metropolitan Police Commissioner HL 30-Jun-1971
The defendant, a taxi driver, had without objection on the part of an Italian student asked for a fare of andpound;6 for a journey for which the correct lawful fare was 10s 6d. The taxi driver was convicted of theft. On appeal the main contention . .
Appeal from – Regina v Morris (David) CACD 1983
Two defendants worked together to alter the labels on joints of meat in a supermarket, and to present the one with the now reduced price at the till. The appealed convictions for theft saying that since the purchase transferred the property in the . .

Cited by:

Cited – Regina v Governor of Pentonville Prison, Ex Parte Osman QBD 30-Mar-1988
The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international . .
Explained and Limited – Director of Public Prosecutions v Gomez HL 3-Dec-1992
The defendant worked as a shop assistant. He had persuaded the manager to accept in payment for goods, two cheques which he knew to be stolen. The CA had decided that since the ownership of the goods was transferred on the sale, no appropriation of . .
Applied – Regina v Fritschy CACD 1985
The defendant was instructed by the owner to collect a quantity of krugerrands in London and deliver them to a safe deposit in Switzerland. The defendant, having once collected the coins, took them to Switzerland and there made away with them. The . .
Preferred – Regina v Shuck CACD 1992
The defendant was a company officer. He gave instructions to an innocent third party which resulted in the dishonest diversion of substantial sums of the company’s money. He appealed the judge’s interpretation of the word ‘appropriation.’
Cited – Wheatley and Another v The Commissioner of Police of the British Virgin Islands PC 4-May-2006
(The British Virgin Islands) The defendants appealed against convictions for theft and misconduct. Being civil servants they had entered in to contract with companies in which they had interests. . .
Cited – Marshall, Regina v CACD 6-Mar-1998
Sale of Unexpired Portion of Ticket can be a Theft
The defendants had been using London Underground tickets, but selling on the unused balance after their journey. On a ruling at trial, they pleaded guilty to theft, but now appealed.
Held: The appeals failed. Although the tickets had passed to . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.182201

Regina v Malone: CACD 1 May 1998

The defendant appealed his conviction for rape, arguing that the girl, though drunk, had consented.
Held: The Court approved the judge’s direction as follows: ‘She does not claim to have physically resisted nor to have verbally protested. She says the drink has disabled her from doing either; she has told you she did not consent; you must be sure that the act of sexual intercourse occurred without (her) consent. Submitting to an act of sexual intercourse, because through drink she was unable physically to resist though she wished to, is not consent. If she submits to intercourse because of the drink she cannot physically resist, that, of course, is not consent. No right thinking person would say that in those circumstances she was genuinely consenting to what occurred. What occurred . . not wishing to have intercourse but being physically unable to do anything about it would plainly, as a matter of common sense be against her will. It would be without her consent’.

Judges:

Roch LJ, Sachs, Collins JJ

Citations:

[1998] EWCA Crim 1462, [1998] 2 CAR 447, [1998] Crim LR 834, 154151

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Olugboja, Regina v CACD 17-Jun-1981
The actus reus of the offence of rape was an act of sexual intercourse to which the complainant did not consent at the time it occurred. . .

Cited by:

Cited – Gallagher, Regina v CACD 26-Mar-2007
The defendant appealed his conviction for rape, saying that other acquittals were inconsistent.
Held: They were not. Leave refused. . .
Cited – Regina v Robinson CACD 23-Mar-2011
Earlier Acquittal not for mention on retrial
The defendant appealed against several convictions for serious ‘historic’ sex abuse. He said that there was insufficient evidence before the court to decide that the complainant had been under 14 at the time, and that any consent was vitiated. He . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.154336

Regina v Borthwick: CACD 18 May 1998

Prior to the trial the appellant had been examined by a psychiatrist, but he refused to allow a more detailed examination to be undertaken and pleaded not guilty on the basis that he denied responsibility for the killing. He was convicted. Shortly afterwards he admitted that he was responsible for the homicide. The court was concerned that B’s state of mind may have reduced his ability to give rational instructions about his defence.
Held: The appeal succeeded. There was ‘overwhelming’ or ‘clear evidence’ that the defence of diminished responsibility would have succeeded at trial, and that the reason why the defence had not been advanced was itself consequent on the mental illness of the defendant.
Lord Bingham said: ‘From that lengthy recital of authority, it is plain that all applications to adduce fresh evidence under s 23 turn on their own peculiar facts . . But the cases do identify certain features which are likely to weigh more or less heavily upon the reception of fresh evidence: for example, a deliberate decision by a defendant whose decision-making faculties are unimpaired not to advance before the trial jury a defence known to be available . . But even features such as these need not be conclusive objections in every case.’
Waller LJ said: ‘The wording of s 23 poses the question right at the outset whether it is necessary or expedient in the interests of justice to admit evidence in this court. We are very much alive to the fact that this court must not allow evidence to be admitted at this stage simply in order to allow the defendant to run a different defence in front of a second jury, particularly a defence that he could well have run the first time around. But equally, if there was overwhelming or clear evidence to demonstrate that a defence of diminished responsibility would have succeeded and there was clear evidence that the mental illness itself was a cause of a decision taken to run such defences as were run, or putting it another way not to run the defence of diminished responsibility, then the interests of justice would seem to require possibly the substitution of a verdict of manslaughter but at least to order a retrial.’

Judges:

Waller LJ, Lord Bingham

Citations:

[1998] EWCA Crim 1632, [1998] Crim LR 274

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Campbell 1987
Given psychiatric evidence given at the trial, the judge should have directed the jury not only on provocation but also on diminished responsibility. . .
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 Campbell CACD 25-Oct-1996
The defendant appealed against his conviction for murder. At trial he had pleaded provocation, but not that he suffered abnormality of mind. Subsequent evidence of his state of mind led to this referral. The court now received fresh evidence to . .

Cited by:

Cited – Gibson, Regina v CACD 11-Jan-2006
The defendant renewed has application for leave to appeal against his conviction for the murder of his daughter-in-law. The principle evidence against him was that of an accomplice. She had received letters to say that no further action would be . .
Cited – Regina v Neaven CACD 15-May-2006
The defendant appealed his conviction for murder. Unknown to himself and his advisors he suffered schizophrenia at the time of the offence.
Held: The court upheld the paramount and fundamental importance of the principles in favour of one . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.154506

Regina v Manning: CACD 24 Jun 1998

The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad.
Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and Wales. The correct rule was that before an English court could try an offence it was necessary, not only for the defendant to be physically within the jurisdiction, but also that the act needed to complete the offence, here the crediting of the money, had to take place within the jurisdiction. This rule had not been replaced by a theory that an offence would be triable in England even if the last act did not take place here provided that there was nothing contrary to international comity in the English court assuming jurisdiction. The Crown Court had no jurisdiction to try the counts on the indictment.

Citations:

[1999] QB 980, [1999] Crim LR 151, [1999] 2 WLR 430, [1998] 2 Cr App R 461, [1998] 4 All ER 876

Links:

Bailii

Statutes:

Theft Act 1968 17(1) 20(2)

Jurisdiction:

England and Wales

Citing:

Cited – Treacy v Director of Public Prosecutions HL 1970
Blackmail was alleged under section 21 of the 1968 Act, the letter making the unwarranted demand with menaces having been posted from England to an intended victim in Germany.
Held: The appeal was dismissed. To allow an English court to have . .
Cited – Regina v Sundhers CACD 23-Jan-1998
On a charge of false accounting, the dishonest document was a claim form under an insurance policy. The judge told the jury, as is the case, that such a form would on occasion be looked at by the auditors of the insurance company. There was, . .
Cited – Secretary of State for Trade v Markus HL 1976
The offence alleged inducing persons to ‘take part’ in arrangements relating to property under the section. The participation had taken place partly in this country and partly abroad.
Held: If the ‘last constituent element’ is a continuing or . .
Cited – Somchai Liangsiriprasert v Government of the United States of America PC 1991
(Hong Kong) Application was made for the defendant’s extradition from Hong Kong to the USA. The question was whether a conspiracy entered into outside Hong Kong with the intention of committing the criminal offence of trafficking in drugs in Hong . .
Overruled – Regina v Smith (Wallace Duncan) (No 1) CACD 13-Nov-1995
In the offence of fraudulent trading, ‘creditors’ are those to whom money was owed, including future creditors, not just those who can presently sue. Deceptions practised in UK, but having their effect abroad are prosecutable here. The only feature . .
Cited – Regina v Sansom 1991
Conspiracy over international borders – comity rule applied to provide jurisdiction. . .
Cited – Regina v Beck CACD 1984
Stolen travellers’ cheques were cashed in France and then presented through normal banking channels to a bank in England. The first and main ground of appeal was that no offence had been thereby committed within the jurisdiction of the Crown Court, . .
Cited – Regina v Nanayakkara CACD 1987
US Treasury social security orders were stolen in the USA, and brought to London, where they were endorsed at a bank for payment in the USA.
Held: On those facts the ‘acceptance’ of the bills could only have taken place in the USA, and . .
Cited – Regina v Harden 1962
The appellant, in England, sent false hire purchase agreements to a company in Jersey, who posted back cheques to him. The court analysed the transaction in contractual terms, and held that as the post office was the appellant’s agent to carry the . .
Cited – Governor of Pentonville Prison ex parte Khubchandani QBD 1980
The court considered whether certain conduct, part of which took place in Ghana, would, mutatis mutandis , have constituted an offence over which the English court had jurisdiction.
Held: ‘Where a deception is made in this country, but the . .
Cited – Regina v Thompson 1984
The appellant, in Kuwait, had fraudulently caused a bank there to credit his bank balances in England.
Held: The court discussed its jurisdiction: ‘It is of course a basic principle of our criminal law that no British subject can be tried . .
Cited – Director of Public Prosecutions v Stonehouse HL 1977
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English . .
Cited – Director of Public Prosecutions v Stonehouse HL 1977
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English . .
Cited – Regina v Thompson 1984
The appellant, in Kuwait, had fraudulently caused a bank there to credit his bank balances in England.
Held: The court discussed its jurisdiction: ‘It is of course a basic principle of our criminal law that no British subject can be tried . .
Cited – Regina v Wall 1974
The charge was fraudulent evasion of the restriction on importation of dangerous drugs. For that offence to be committed, the drugs in question must necessarily arrive in this country.
Held: If sending a letter from abroad to England . .
Cited – Regina v Baxter 1972
The charge was attempting to obtain property by deception by posting letters from Northern Ireland to pools promoters in England. The demand had arrived in England and had been intended to do damage there.
Held: ‘The attempt to obtain the . .
Cited – Regina v Forsyth CACD 17-Mar-1997
Handling stolen goods – jurisdiction – acts committed abroad. . .

Cited by:

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 – Sheppard and Another, Regina v CACD 29-Jan-2010
The defendants appealed against their convictions for publishing racially inflammatory material. They skipped bail during the trial, were convicted in their absence, and returned after being refused asylum in the US. The convictions related to . .
Main appeal – Regina v Manning (Sentence) CACD 24-Jun-1998
. .
Lists of cited by and citing cases may be incomplete.

Crime, Criminal Sentencing

Updated: 11 October 2022; Ref: scu.154947

Regina v Popat: CACD 23 Mar 1998

Though an identification parade should be held whenever it would serve a useful purpose, where the evidence of identification by a witness was already complete and satisfactory there was no continuing obligation on the police to provide an identification parade.

Judges:

Hobhouse LJ

Citations:

Times 10-Apr-1998, [1998] EWCA Crim 1035, [1998] 2 Cr App R 208

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Quinn CACD 15-Mar-1994
Police must follow the published Code of Practice, when conducting identity parades, and may not substitute their own. If the evidence is allowed in despite the breach, the judge should explain the significance of the breach to the jury, as it may . .
See also – Regina v Popat (No 2) CACD 2-Sep-1999
The case of R v Popat had not been overruled by R v Forbes, which had been decided unfortunately. The obligation to hold an identity parade was not absolute. There are other factors which can be relied upon to make the obligation indeterminate. . .

Cited by:

Renewed appeal – Regina v Popat (No 2) CACD 2-Sep-1999
The case of R v Popat had not been overruled by R v Forbes, which had been decided unfortunately. The obligation to hold an identity parade was not absolute. There are other factors which can be relied upon to make the obligation indeterminate. . .
Cited – John v The State PC 16-Mar-2009
(Trinidad and Tobago) The defendant appealed his conviction for murder. The evidence against him was of identification by a man, also criminally involved, who had been given immunity. No identification parade was held.
Held: It was clear from . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Crime

Updated: 11 October 2022; Ref: scu.153909

Regina v Sampson and Sampson: CACD 3 Apr 1998

The defendants appealed against their convictions for falsifying a document used for an accounting purpose, namely a mortgage application form. They denied it was a document used for that purpose. The form was false in denying an existing mortgage in favour of a different lender. Officers of the lender gave evidence that the document never went forward into the accounting system.

Judges:

Evans LJ, Curtis, Forbes JJ

Citations:

[1998] EWCA Crim 1177

Links:

Bailii

Statutes:

Theft Act 1968 17(1)

Jurisdiction:

England and Wales

Crime

Updated: 11 October 2022; Ref: scu.154051

Regina v Elliott: CACD 22 Dec 1997

The defendant appealed from convictions of wounding with intent, and murder. The issue was one of identification, and he criticised the absence of a full Turnbull direction.
Held: A Turnbull warning should warn the jury of the dangers inherent in identification evidence, the reason for the danger, and the fact that one or more honest witnesses may still be wrong. In this case, the prosecution suggested it was recognition rather than identification evidence, and a full warning was not required. The judge should nevertheless have given the direction. ‘Where issues of identification arise, which depend so often on an accumulation of detailed points, it is usually a desirable approach for the Judge, at some stage, to put before the jury a coherent list of the points for the defence. If the exercise is conducted solely on the basis that the individual points to be made will be dealt with in the course of recounting the evidence, it is perilously easy for individual points to be overlooked, or for an apparently ‘weighted’ approach to develop as between prosecution and defence.’ He had also been unclear as to the burden of proof on the alibi question. The appeal was allowed.

Judges:

Lord Justice Potter, Mr Justice Holland, And The Recorder Of Liverpool (His Honour Judge Clarke)

Citations:

[1997] EWCA Crim 3419

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Bentley CACD 1994
Referring to the summing up upon the identification issues: ‘There is no doubt that there were two matters missing from it. The first was that there was no warning as to the dangers of identification evidence and the reasons for those dangers . .
Cited – Regina v Pattinson and Exley CACD 1996
In giving a Turnbull direction, the court should ‘(a) Warn the jury of the special need for caution before convicting on that evidence.. (b) Instruct the jury as to the reason for such need. And (c) Refer the jury to the fact that a mistaken witness . .
Cited – Regina v Fergus CACD 29-Jun-1993
A judge should withdraw a case which was based on poor identification evidence, and the prosecution must be sure to disclose all identification evidence. ‘In a case dependent on visual identification, and particularly where that is the only . .
Cited – Regina v Lesley CACD 1996
Referring to the standard alibi direction, ‘As the prosecution has to prove his guilt so that you are sure of it, he does not have to prove he was elsewhere at the time. On the contrary, the prosecution must disprove the alibi.’ the court said that . .
Cited – Regina v Keene 1977
‘The jury must be told that they can rely on a false alibi as supporting an identification only if they are satisfied that the sole reason for the fabrication was to deceive them on the issue of identification.’ . .
Lists of cited by and citing cases may be incomplete.

Evidence, Crime

Updated: 11 October 2022; Ref: scu.152874

Regina v Sundhers: CACD 23 Jan 1998

On a charge of false accounting, the dishonest document was a claim form under an insurance policy. The judge told the jury, as is the case, that such a form would on occasion be looked at by the auditors of the insurance company. There was, however, no evidence to that effect.
Held: Merely by looking at the claim form the jury could not be expected, by drawing on their general experience and knowledge of the world, to reach that conclusion for themselves.

Citations:

[1998] EWCA Crim 225

Links:

Bailii

Statutes:

Theft Act 1968 17(1)(a)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Manning CACD 24-Jun-1998
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad.
Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.153099

Regina v Uddin: CACD 19 Mar 1998

A co-accused in a murder by a gang, where the existence of the murder weapon which was used, was outside the expectation of the defendant, need not himself be guilty, because of the different circumstances which applied in his case.

Judges:

Lord Justice Beldam Mr Justice Johnson And Mr Justice Wright

Citations:

Times 02-Apr-1998, [1998] EWCA Crim 999, [1998] 3 WLR 1000, [1999] QB 431, [1999] Crim LR 987, [1999] 1 Cr App R 319, [1998] 2 All ER 744

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Chan Wing-Siu v The Queen PC 21-Jun-1984
The appellant and co-accused were charged with murder. They said they had gone to meet the deceased to collect a debt, but had been attacked with a knife by the deceased. Two of the three had knives and knew of the other knife.
Held: All were . .
Cited – Regina v Powell (Anthony) and Another; Regina v English HL 30-Oct-1997
When the court looked at the issue of foreseeability of murder in an allegation of joint enterprise, there was no requirement to show intent by the secondary party. The forseeability of the risk of the principal committing the offence from the point . .

Cited by:

Cited – Regina v Derek William Bentley (Deceased) CACD 30-Jul-1998
The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. . .
Cited – Rahman and Others, Regina v HL 2-Jul-2008
The defendants appealed against their convictions for murder. None had themselves inflicted any violence, but were convicted as part of a joint enterprise. They said they had not known that the principal carried a knife. They said that the evidence . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.153873

Regina v Qadir, Khan: CACD 25 Jul 1997

The defendants appealed against their convictions for the attempted exportation of heroin. The defendants said that they had acted as part of a US law enforcement action.
Held: The appeal failed: ‘section 170(2) creates a self-contained statutory offence or category of offences – one being knowingly concerned in any fraudulent evasion, the other being knowingly concerned in an attempt at fraudulent evasion. In order to establish the actus reus of the relevant offence, the Crown must prove: (a) there has been a fraudulent evasion, or (as in this case) an attempt at evasion in relation to any goods or duty chargeable thereon, or (where the other categories of offence are relied on) of any prohibition or obstruction in relation thereto or of any other provision of the Customs and Excise Act 1979; (b) that the accused was knowingly concerned therein. Thus, the wording is such as to create a compendious provision which includes all persons concerned in any particular transaction amounting to an evasion or an attempt at evasion without regard to the necessity either to identify or to distinguish between those concerned in the offence in terms of principal and accessories but making all equally liable for the single offence. ‘

Citations:

[1997] EWCA Crim 1971

Statutes:

Criminal Attempts Act 1981 3, Customs and Excise Management Act 1979 8170(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Mason v Director of Public Prosecutions Admn 15-Jul-2009
The defendant appealed against his conviction for attempting to drive after consuming excess alcohol. On reporting to the police that as he opened the door of his car, he had been threatened with a knife, and his car taken, it was suspected he had . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.151426

Regina v Manning: CACD 22 Oct 1997

The defendant had been in possession of a knife which he said that he had used to fix his car radiator and then put in his pocket. As to the statutory defence the trial judge had directed the jury that ‘just forgetfulness on its own was no reason.’
Held: As a general rule but not invariably, that proposition stands true: it all depends on the facts of the case. But the judge then went on to say, perhaps charitably to the defendant in all the circumstances, that forgetfulness combined with another reason might afford a good reason; that, if he had the knife on him for some further work, it would be a defence to say ‘I’d forgotten it was there but it was there for further work on the car.’ He therefore left both defences to the jury. If anything, in so doing he was being too favourable to the defendant, particularly, it may be thought, with reference to the good reason point.

Judges:

Henry LJ

Citations:

[1997] EWCA Crim 2562, [1998] Crim LR 198, [1998] CLR 199

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 – Chahal v Director of Public Prosecutions Admn 24-Feb-2010
The defendant appealed against his conviction for possession of a bladed article. He had used the knife at work and forgotten to leave it at work and had it in his pocket by accident.
Held: The appeal succeeded. The defendant had been accepted . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.152017

Regina v Densu: CACD 7 Nov 1997

Where an object is in its nature an offensive weapon, the offence of possession is committed even though the possessor had no idea of the true nature of the object: ‘it could not be a reasonable excuse to say that he had [an offensive weapon] with him for his work. Even if it could be said that it was capable of being a reasonable excuse to have it with him for work, that, of itself, would provide no reasonable excuse for having it with him in the early hours of the morning.’ and ‘The fact that the respondent did not know it was an offensive weapon is not relevant to the issue of reasonable excuse.’

Judges:

Gage J

Citations:

Gazette 14-Jan-1998, Times 10-Dec-1997, [1997] EWCA Crim 2864, [1998] 1 Cr App R 400

Links:

Bailii

Statutes:

Prevention of Crime Act 1953 1

Jurisdiction:

England and Wales

Cited by:

Cited – Director of Public Prosecutions v Patterson Admn 19-Oct-2004
Prosecutor’s appeal against dismissal of charge for possession of offensive weapon. The defendant had a butterfly knife with him when arrested. the respondent went with his father to a shopping precinct at 3 o’clock on the day concerned and that he . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.152319

Regina v Klass: CACD 27 Nov 1997

Where a defendant holding a weapon did not himself enter the property, the proper charge is burglary and not aggravated burglary. The weapon must be carried by the offender at time of effecting entry to be committing aggravated burglary; having left it outside is not enough.

Citations:

Gazette 08-Jan-1998, Times 17-Dec-1997, [1997] EWCA Crim 3072

Links:

Bailii

Statutes:

Theft Act 1968 10

Jurisdiction:

England and Wales

Crime

Updated: 11 October 2022; Ref: scu.152527

Regina v Martin and White: CACD 8 Dec 1997

Citations:

[1997] EWCA Crim 3215, [1998] 2 Cr App R 385

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Peter John Brown and Others CACD 27-Jul-2001
The defendants appealed convictions for conspiracy. There had been a large, admitted, conspiracy to cheat the revenue by mis-selling bonded tobacco etc. They criticised the judge’s direction on the extent of involvement required to be found part of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.152670

Regina v Gellatly, JR: CACD 22 Jul 1997

The defendant appealed against convictions for rape, attempted rape and indecent assault against the daughters of his partner. The allegations were that serious sexual assaults had been repeated over several years. The defendant denied them absolutely. One girl had kept diaries, but these revealed no complaint about the allegations. The judge had not allowed the actual magazine she kept in her bedroom showing sexual positions to the jury, though its nature had been revealed.
Held: The content of the diaries was clear to the jury, but the judge had been correct for neither them nor the magazine to be shown to the jury. He had acted correctly. Equally the defendant had not directly requested the judge to give a Nye character direction. Appeal dismissed.

Judges:

Lord Justice Evans Mr Justice Alliott And Mr Justice Buxton

Citations:

[1997] EWCA Crim 1943

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Nye CACD 1982
When there are previous convictions which are spent, it is not possible to refer to the defendant as a person of good character. It is however possible for a modified direction to be given to the effect that the defendant has no previous convictions . .
Cited – Regina v Makanjuola CACD 17-May-1995
Guidance was given on the directions to be given to the jury where a co-accused speaks for prosecution as a witness and in sexual assault cases. The full corroboration warning is not now needed; the Judge may use his own discretion, and may give a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.151398

Regina v Adebayo: CACD 7 Jul 1997

The defendant had been employed in the probate registry, and sought by deception to conspire with others to use the information he obtained to obtain money from estates. He appealed, saying that the court should not have convicted him of obtaining following the case of Preddy.
Held: The judge should have withdrawn the allegation of obtaining electronic funds. What charge might then be substituted, if any. The first question is whether the allegations contained in the count in respect of which the conviction is quashed expressly or impliedly amount to an allegation of another offence, or expressly or impliedly include an allegation of another offence. If so, had the jury necessarily found the factual elements of the second offence? ‘There is no count in this case which can properly be substituted for that which the court was impelled by virtue of the clarification of the law effected by the case of Preddy to quash.’ The conviction was quashed.

Citations:

[1997] EWCA Crim 1733

Statutes:

Criminal Appeal Act 1968 3, Criminal Law Act 1967 6

Jurisdiction:

England and Wales

Citing:

Applied – 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 . .
Followed – Regina v Graham, Kansal, etc CACD 25-Oct-1996
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe.
Held: After studying the authorities at length, the court felt that the various . .
Cited – Regina v Cooke CACD 24-Jan-1997
The defendant had been convicted of a mortgage fraud, but sought leave to appeal out of time in the light of Preddy.
Held: ‘In the light of Graham and upon our reading of section 1 of the 1978 Act we consider that the wording of subsection (2) . .

Cited by:

Cited – Regina v Morrison CACD 20-May-2003
The defendant appealed a conviction for attempting to cause grievous bodily harm. He had faced trial on a charge of attempted murder, and the judge had left open to the jury the alternative of the offence for which he had been convicted.
Held: . .
Cited – Holmes v Governor of Brixton Prison and Another Admn 20-Aug-2004
The applicant sought his release from imprisonment where he awaited extradition to Germany. He was suspected of an offence of deception. He said there was insufficient evidence that the offence alleged would be an offence here. The alleged offence . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.151188

Regina v Rodger, Rose: CACD 9 Jul 1997

The two defendants escaped from Parkhurst Prison. On capture they said that as murderers, they had received notices that though they had behaved without criticism in prison, their tarriffs had been increased. They said they felt unable to face longer sentences, and would have committed suicide if they had stayed.
Held: No such defence existed. Every cases where the defence of duress or necessity had been allowed had a feature: ‘extraneous to the offender himself. In contrast, in these appeals it was solely the suicidal tendencies, the thought processes and the emotions of the offenders themselves which operated as duress. That factor introduces an entirely subjective element not present in the authorities . . if these appeals were to succeed it would involve an extension of the law upon this topic as hitherto reflected in authority and would introduce an entirely subjective element divorced from any extraneous influence. We do not consider that such a development of the law would be justified, nor do we think that such an extension would be in the public interest. If allowed it would amount to a licence to commit crime dependent on the personal characteristics and vulnerability of the offender. As a matter of policy that is undesirable and in our view it is not the law and should not be the law.’

Judges:

Kennedy LJ, Nelseon J, Sir Patrick Russell

Citations:

Times 30-Jul-1997, [1997] EWCA Crim 1760, [1998] 1 Cr App Rep 143

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Pommell CACD 16-May-1995
The defendant appealed against his conviction for possessing a loaded shotgun. He had wished to advance a defence to the effect that on the previous evening he had taken it ‘off a geezer who was going to do some damage with it’ in order to stop him. . .
Cited – Regina v Conway 1989
The defendant said that he had driven recklessly because he was in fear for his life and that of his passenger.
Held: The court was bound by Willer to rule that a defence of duress was available. It was convenient to refer to this type of . .
Cited – Regina v Willer (Mark Edward) CACD 1986
The defendant appealed against his conviction for reckless driving (absolute discharge and ten penalty points). He drove his car slowly on the pavement in front of a shopping precinct. He said that this had seemed to him to be the only way in which . .

Cited by:

Cited – Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004) CACD 27-May-2005
Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might . .
Cited – Regina v Brown CACD 2003
The court head a renewed application in person for leave to appeal a conviction for producing cannabis. The defendant sought to rely on a defence of necessity, saying that cannabis was the only way available to him to control the pain of his . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.151215

Regina v Sui Soi Ngan: CACD 11 Jul 1997

A cheque drawn on funds which the defendant knew to have been mistakenly credited were not stolen when the cheque was drawn and sent to Scotland but on the presentation of the cheque to his bankers in England.

Citations:

Times 24-Jul-1997, Gazette 03-Sep-1997, [1997] EWCA Crim 1816

Statutes:

Theft Act 1968 3

Jurisdiction:

England and Wales

Crime

Updated: 11 October 2022; Ref: scu.151271

Regina v Thomas: CACD 14 Jul 1997

The defendant appealed his conviction and sentence for possession, and possession with intent to supply. He had been stopped on entering a night club. The first ground related to the apparent arrest of a defence witness at court, in such a manner as to prejudice the jury’s view of his evidence. No evidence was before the appeal court on that point. The summing up was criticised as to the description of the intent required. That criticism was unfounded. The sentence of four years stood. He had been intending to sell ecstasy in a night club.

Citations:

[1997] EWCA Crim 1824

Jurisdiction:

England and Wales

Crime, Criminal Sentencing

Updated: 11 October 2022; Ref: scu.151279

Regina v Dawson, Dawson: CACD 14 Jul 1997

The defendants were convicted of a mortgage fraud. They appealed saying they had not been dishonest. They had signed forms, but they then had been completed by others, and that it had been those further replies which were dishonest. The original convictions had been for obtaining by deception, but those convictions could not stand following Preddy. Could the court substitute conspiracy to defraud?
Held: In this case no agreement had been alleged or proved by the prosecution on which a conspiracy could be founded, and moreover the only two against who allegations were made were the defendants, and a conspiracy was not sustainable only as between a husband and wife.

Citations:

[1997] EWCA Crim 1825

Statutes:

Theft Act 1968 15, Criminal Appeal Act 1968 3(1), Criminal Law Act 1977 2(2), Criminal Law Act 1967 6

Jurisdiction:

England and Wales

Citing:

Applied – Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals) HL 10-Jul-1996
The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception.
Held: A chose in action created by an electronic bank transfer was not property which was capable of . .
Cited – Regina v Wilson (Clarence); Regina v Jenkins HL 1983
The court considered the application of the section on alternative verdicts available to juries on a trial for attempted murder. The allegations in a charge under section 20 of the Offences against the Person Act 1861 or under section 9(1)(b) of the . .
Cited – Regina v Graham, Kansal, etc CACD 25-Oct-1996
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe.
Held: After studying the authorities at length, the court felt that the various . .
Lists of cited by and citing cases may be incomplete.

Crime, Criminal Practice

Updated: 11 October 2022; Ref: scu.151280

Regina v Khan: CACD 7 Apr 1998

Manslaughter by omission or wilful neglect is not a free-standing offence, and the judge must rule precisely how the defendant had a duty of care to the deceased, and give jury full directions on the topic.

Citations:

Times 07-Apr-1998, [1998] EWCA Crim 971

Jurisdiction:

England and Wales

Crime

Updated: 11 October 2022; Ref: scu.88522

Regina v Morris: CACD 22 Oct 1997

An allegation of assault occasioning bodily harm, where the harm alleged was of a purely psychological nature, must be supported by psychiatric evidence.

Judges:

Potter LJ, Foster, Ebsworth JJ

Citations:

Times 13-Nov-1997, Gazette 12-Nov-1997, [1997] EWCA Crim 2564

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Chan-Fook CACD 15-Nov-1993
‘Actual bodily harm’ under the 1861 Act, may include injury to any part of the body, including internal organs, the nervous system and the brain. It is capable of including psychiatric injury, but not mere emotion such as fear, distress or panic. . .
Cited – Regina v Burstow, Regina v Ireland HL 24-Jul-1997
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Crime

Updated: 11 October 2022; Ref: scu.87388

Regina v James: CACD 10 Sep 1997

False imprisonment during assault when the victim was too frightened to escape, must be an intentional frighten to detain, not a by-product of the assault.

Citations:

Times 02-Oct-1997, Gazette 10-Sep-1997

Jurisdiction:

England and Wales

Crime

Updated: 11 October 2022; Ref: scu.86991

Regina v Backshall: CACD 27 Mar 1998

The defence of duress of circumstance was available to a charge of driving without due care just as much as it might be to more serious charge of dangerous driving.

Citations:

Gazette 29-Apr-1998, [1998] EWCA Crim 1101

Jurisdiction:

England and Wales

Crime

Updated: 11 October 2022; Ref: scu.86082

Regina v Fernandez: CACD 22 May 1995

The procuring of the signing of a valuable security when intending to treat the document as one’s own can amount to theft.
Lord Justice Auld said: ‘In our view section 6 (1), which is expressed in general terms, is not limited in its application to the illustrations given by Lord Lane CJ in Lloyd. Nor in saying that in most cases it would be unnecessary to refer to the provision, did Lord Lane suggest it should be so limited. The critical notion, stated expressly in the first limb and incorporated by reference in the second is, whether a defendant intended to ‘treat the thing as his own to dispose of regardless of the others rights ‘The second limb of subsection (1) and also subsection (2) are merely specific illustrations of the application of that notion. We consider that section 6 may apply to a person in possession or control of another’s property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.’

Judges:

Lord Justice Auld

Citations:

Ind Summary 22-May-1995, (1996) 1 CAR 175

Statutes:

Theft Act 1968 6(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Marshall, Regina v CACD 6-Mar-1998
Sale of Unexpired Portion of Ticket can be a Theft
The defendants had been using London Underground tickets, but selling on the unused balance after their journey. On a ruling at trial, they pleaded guilty to theft, but now appealed.
Held: The appeals failed. Although the tickets had passed to . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.86662

Newspaper Publishing Plc and Others: CACD 25 Apr 1997

The AG sought punishment for the publisher, editor and a journalist of the Independent for contempt of court.
Held: Dismissed

Judges:

Lord Bingham of Cornhill LCJ, Latham, PooleJJ

Citations:

[1997] EWCA Crim 987, [1997] 1 WLR 926, [1997] 3 All ER 159

Links:

Bailii

Jurisdiction:

England and Wales

Crime, Contempt of Court, Media

Updated: 11 October 2022; Ref: scu.573349

Brewster, Regina v: CACD 27 Jun 1997

The court reviewed sentencing levels for domestic burglary. Such cases must always be very serious, but individual cases varied almost infinitely. After a trial an adult defendant could expect a sentence of three years’ imprisonment for burglary of an unoccupied dwelling.
Six appeals against sentence following pleas of guilty to offences of domestic burglary.

Citations:

Times 04-Jul-1997, Gazette 09-Jul-1997, [1998] 1 Cr App R 220, [1998] 1 Cr App R (S) 181, [1997] EWCA Crim 3421, [1998] 1 Cr App Rep (S) 181, [1997] Crim LR 690

Links:

Bailii

Statutes:

Theft Act 1968 9(1)

Jurisdiction:

England and Wales

Citing:

Revisited in – McInerney, Keating v Regina CACD 18-Dec-2002
The defendants appealed against their sentences for domestic burglary. The court took the opportunity to provide new guideline sentences for standard domestic burglaries.
Held: The sentencing advisory panel had issued new guidance, supported . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Crime

Updated: 11 October 2022; Ref: scu.547542

Johnson v Director of Public Prosecutions: CACD 1994

A squatter’s purpose in chiselling the locks off a door and replacing them with his own locks, was not to protect the squatter’s own belongings, but to enable him to gain access to the premises and to bring his bed into the premises.

Citations:

[1994] Crim LR 673

Jurisdiction:

England and Wales

Cited by:

Cited – Chamberlain v Lindon Admn 18-Mar-1998
The appellant challenged the dismissal of his private prosecution of the defendant in destroying a new garden wall. The magistrates had found a lawful excuse in that the defendant said that the wall had been constructed to obstruct his private right . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.541704

Schot and Another, v Regina: CACD 12 May 1997

Jurors, after retirement refused to deliver a verdict claiming personal reasons. The were summoned to court to answer charges of contempt of court. Explaining the contempt proceedings that the jurors faced, the trial judge said: ‘[I]n so far as those two jurors are concerned . . I want them to come before this court for the direct contempt that they have shown to this court and show cause why they ought not to be fined substantial amounts of money . . That is . . show cause why you should not be fined for the deliberate contempt you have shown to this court in wasting so much of court time and leading us into this situation.’ The judge subsequently found both jurors guilty of contempt, concluding: ‘[A]ll I have to decide is having heard what the defendants have had to say and having taken account of what the jury did say to the court through their notes, I have no hesitation in saying that both defendants are guilty of a contempt of court because both of them in their own way have intentionally disrupted this entire trial by their refusal. Therefore, I hold them in contempt.’
Held: The appeals succeeded. The court pointed to a sequence of errors in the trial judge’s approach. On the test for contempt, the court explained: ‘[C]ontumacious refusal to reach a verdict because of reluctance to judge another person, may, in an appropriate case, establish the actus reus of contempt, though it may be difficult or impossible to prove. The mens rea, namely an intention to impede or create a real risk of prejudicing the administration of justice, must also be proved . . This can be established by foreseeability of consequence. But the judge in the present case does not appear to have given any consideration to this, save to say ‘both of them in their own way have intentionally disrupted the entire trial by their refusal’. In the light of Barclay’s evidence that she did not want to disrupt the court’s process or be disrespectful towards the court, and Schot’s evidence that she wanted, or had tried, to reach a verdict, this is a difficult conclusion to sustain in the absence of any finding by the judge that he rejected that evidence . .’

Judges:

Rose LJ VP, Forbes, Keene JJ

Citations:

Times 14-May-1997, [1997] 2 Cr App Rep 303, [1997] EWCA Crim 3424, [1997] 2 Cr App Rep 383

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Attorney General v Fraill and Another CACD 16-Jun-2011
Juror’s use of Facebook was contempt
The court considered whether a juror had committed contempt of court. She had communicated with a defendant via Facebook, despite explicit warnings not to use the internet.
Held: Both juror and defendant in the trial had committed contempt of . .
Cited – Dallas v The United Kingdom ECHR 11-Nov-2013
The applicant challenged her conviction for contempt of court in that whilst a juror, she researched the case before her on the internet, discovering that the defendant had faced an earlier allegation broadly similar. She now said that the . .
Cited – HM Solicitor General v Cox and Another QBD 27-May-2016
Applications for committal of the defendants for having taken photographs of court proceedings when their friend was being sentenced for murder and publishing them on Facebook. The SG urged that the offences had aggravating features taking the . .
Lists of cited by and citing cases may be incomplete.

Crime, Contempt of Court

Updated: 11 October 2022; Ref: scu.518580

Airtours plc v Shipley: CACD 1994

Judges:

McCowan LJ

Citations:

(1994) 158 JP 835

Statutes:

Consumer Protection from Unfair Trading Regulations 2008

Jurisdiction:

England and Wales

Cited by:

Cited – X Ltd, Regina v CACD 23-May-2013
The prosecutor appealed after the judge at the crown court had found no case to answer on a prosecution of the company under the 2008 Regulations. The company had sold a home security system to an elderly and vulnerable man. His family found that he . .
Lists of cited by and citing cases may be incomplete.

Crime, Consumer

Updated: 11 October 2022; Ref: scu.510096

RG and LT v Director of Public Prosecutions: Admn 28 Jan 2004

The court contrasted allegations under sections 28(1)(a) and 28(1)(b): ‘paragraph (a) form is not concerned so much with the offender’s state of mind but with what he did or said so as to demonstrate racial hostility towards the victim. In contrast, the paragraph (b) form is concerned with the offender’s motivation, which necessarily involves considering his state of mind.’

Judges:

May LJ

Citations:

[2004] EWHC 183 (Admin)

Links:

Bailii

Statutes:

Crime and Disorder Act 1998

Jurisdiction:

England and Wales

Cited by:

Cited – Taylor v Director of Public Prosecutions Admn 28-Apr-2006
The defendant appealed conviction for racially aggravated use of threatening abusive or insulting words or behaviour. She said that apart from the police there was nobody else about to give rise to any risk of distress.
Held: It was a quiet . .
Cited – Regina v SH CACD 3-Aug-2010
The prosecutor had appealed immediately against the judge’s withdrawal of a charge of racially aggravated use of insulting words or behaviour. The judge then ignored his obligation to continue the trial without mentioning the issue to the jury. He . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.193942

Regina v Blaize: CACD 10 Jun 1997

A defendant is to be sentenced for her actual offence not for manner in which she conducted her defence. It was wrong to increase the sentence because it was felt that she had been ‘playing the race card’.

Citations:

Gazette 25-Jun-1997, Times 12-Jun-1997, [1997] EWCA Crim 1411

Jurisdiction:

England and Wales

Criminal Sentencing, Criminal Sentencing, Crime

Updated: 08 October 2022; Ref: scu.150866

Regina v Shamrock: CACD 1994

Citations:

[1994] QB 279 (CA)

Jurisdiction:

England and Wales

Cited by:

Cited – Jan De Nul (Uk) Limited v NV Royale Belge CA 10-Oct-2001
The contractor undertook to dredge a stretch of river. Due to its failure to investigate properly, the result was the release of substantial volumes of silt into the estuary, to the damage of other river users and frontagers. The act amounted to a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.183096

Regina v Kidd, Moore, and Haward: CACD 3 Jul 1997

A person cannot be lawfully punished for offences for which he has not been indicted and which he has denied or declined to admit and have not been proved.

Judges:

Lord Bingham of Cornhill CJ

Citations:

[1997] EWCA Crim 1676, [1998] 1 WLR 604

Links:

Bailii

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: 08 October 2022; Ref: scu.151131

Regina v Perman: CACD 1996

The court described restrictions on the acceptability of verdicts of manslaughter in substitution where murder had been charged.

Citations:

[1996] 1 Cr App R 24

Jurisdiction:

England and Wales

Cited by:

Cited – Moses v The State PC 29-Jul-1996
(Trinidad and Tobago) The appellant had been convicted under the felony murder rule, where if a victim dies in the course of the defendant committing a felony, the defendant is guilty of murder.
Held: The distinction between felony and murder . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.188592

Regina v Dutton: CACD 1994

The case involved an allegation of sex abuse committed against a young boy who then made no complaint until he was 29, twenty years after the first offence and 14 years after the last offence alleged against the defendant. There was no apparent corroboration in the case and no supporting medical or scientific evidence of any kind. Furthermore, a number of witnesses had died.
Held: These considerations notwithstanding, the trial judge had been entitled to decide, as he did, that a fair trial could be held. (Appeal allowed on other grounds)

Citations:

[1994] Crim LR 910

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v B CACD 2003
The court allowed an appeal against conviction on charges of sex abuse where the underlying offences had taken place many years before. ‘In this case it has to be recognised that because of the delay that occurred, in our judgment the appellant was . .
Cited – Woodcock v The Government of New Zealand QBD 14-Nov-2003
The applicant, a catholic priest, challenged his extradition for alleged offences of sexual abuse which had taken place in the 1980s, saying it would be an abuse now to prosecute him after such a delay.
Held: The case of R v B was of a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.187956

Regina v Constanza: CACD 6 Mar 1997

An assault committed if there was fear of violence created even though it might not ne an immediate threat.

Citations:

Times 31-Mar-1997, [1997] EWCA Crim 633, [1997] 2 CAR 492, [1997] Crim LR 576, [1997] 2 Cr App R 492

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Valentine v Director of Public Prosecutions Admn 24-Mar-1997
. .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.150088

Regina v Forsyth: CACD 17 Mar 1997

Handling stolen goods – jurisdiction – acts committed abroad.

Citations:

[1997] EWCA Crim 751, [1997] 2 Cr App R 299, [1997] Crim LR 581

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Manning CACD 24-Jun-1998
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad.
Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.150206

Regina v Awoyomi: CACD 14 Jan 1997

The defendant appealed against her conviction and sentence. The court had refused to admit medical evidence that she might be unfit to continue her trial.
Held: It would be rare to admit evidence which might support a Ghosh direction. The appeal failed.

Judges:

Lord Bingham LCJ, Hidden J, Holland J

Citations:

[1997] EWCA Crim 53

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Ghosh CACD 5-Apr-1982
The defendant surgeon was said to have made false claims for payment for operations, and was charged under the 1968 Act. He claimed to have been entitled to the sums claimed, and denied that he had been dishonest. The court considered the meaning of . .

Cited by:

See Also – Awoyomi v Radford and Another QBD 12-Jul-2007
The claimant sought damages from the defendant barristers who had represented her in criminal proceedings. They had not passed on to her the statement made by the judge in chambers that if she pleaded guilty he would not impose a sentence of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.149508

Regina v A S: CACD 20 Jan 1997

The defendant appealed against convictions for several sexual offences. The alleged victim had originally denied that any offending had taken place. The defendant denied that anything had happened. He complained now that the court had accepted in evidence his possession of pornographic magazines.
Held: The interviews should have been edited to exclude discussions of the defendant’s attitudes to sexual acts. That had been used to introduce ‘a wholly spurious basis on which to adduce the evidence of the wife and of the magazines.’ The judge had also failed to give an appropriate Lucas direction. A retrial was ordered.

Judges:

Rose LJ, Astil J, Recorder of Bristol

Citations:

[1997] EWCA Crim 109

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Wright and Ormerod CACD 1990
The defendants were charged with indecent assault on a child of 5, who said that the defendants had hurt her in the back and said naughty things to her. The Judge also admitted evidence from the child’s mother of the complaint the child had made to . .
Cited – Regina v Lucas (Ruth) CACD 1981
People sometimes tell lies for reasons other than a belief that they are necessary to conceal guilt.
Four conditions were identified which must be satisfied before a defendant’s lie could be seen as supporting the prosecution case:-
(1) . .

Cited by:

Cited – Regina v B (Evidence: Propensity) CACD 27-Jan-1997
The defendant appealed his conviction for indecent assaults, denying that any assaults had taken place. He complained that the judge had allowed questioning about his sexual propensities.
Held: Propensity to acts is not admissible as evidence . .
Cited – Ashton , Regina v; Regina v Draz; Regina v O’Reilly CACD 5-Apr-2006
The court considered three appeals where there had been a procedural irregularity, and where the judge had taken some step to overcome that irregularity. In two cases the Crown Court judge had reconstituted himself as a district judge to correct a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.149564

Regina v Rasool, Choudhary: CACD 5 Feb 1997

The defendants appealed against convictions for conspiracy to supply a controlled drug.

Judges:

Stuart Smith LJ, Forbes, Smedley JJ

Citations:

[1997] EWCA Crim 327, [1997] 1 WLR 1092, [1997] 2 Cr App R 190

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v P and others HL 19-Dec-2000
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.149782

Regina v B: CACD 15 May 1997

The Court upheld a conviction in respect of an Appellant who had been convicted of three offences on a six-count indictment. He was acquitted of the other three. In respect of each of the six counts the Prosecution relied upon the uncorroborated evidence of the 16-year-old complainant. M, the wife of the Appellant gave evidence on his behalf in respect of the three counts on which the jury acquitted.
Held: For an appeal on the grounds of inconsistent verdicts to succeed it must be shown that the verdicts are logically incompatible. The different verdicts here were not inconsistent: ‘there is no logical inconsistency in the verdicts returned by the jury, and unless there is a logical inconsistency, the question of whether or not the jury’s verdicts can sensibly be explained does not generally arise. There have recently been a number of appeals to this Court based on allegedly inconsistent verdicts, and it is perhaps therefore worth emphasising that it is axiomatic that, generally speaking, logical inconsistency is an essential prerequisite for success on this ground.’
The court considered the correct approach on a suggestion of inconsistent jury verdicts: ‘As it seems to us there is no logical inconsistency in the verdicts returned by the jury and unless there is a logical inconsistency the question of whether or not the jury’s verdict can sensibly be explained does not generally arise.
There have recently been a number of appeals to this Court based on allegedly inconsistent verdicts and it is perhaps worth emphasising that it is axiomatic that generally speaking logical inconsistency is an essential pre-requisite for success in this Court (see Durante [whose reference we have given] R v. Warner (unreported Court of Appeal (Criminal Division) 17th February 1997.’

Judges:

Rose LJ

Citations:

[1997] EWCA Crim 1200, 9700085Z4

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Durante CACD 1972
Logical inconsistency is generally an essential prerequisite for success of an appeal against conviction on the ground of inconsistency of verdicts. . .
Cited – Regina v Cilgram CACD 1994
There were seven charges. Counts 1 to 5, on which the appellant was convicted, were of sexual offences which took place when the victim was aged between 5 and 12 years. Count 5 was a charge of rape. There were two counts, 6 and 7 in the indictment, . .
Cited – Regina v Warner CACD 17-Feb-1997
The defendant appealed convictions for indecent assault, saying that convictions on some counts and acquittals on others were so inconsistent as to call the convictions into question, showing acceptance of the complainant’s evidence on some counts . .
Cited – Regina v Makanjuola CACD 17-May-1995
Guidance was given on the directions to be given to the jury where a co-accused speaks for prosecution as a witness and in sexual assault cases. The full corroboration warning is not now needed; the Judge may use his own discretion, and may give a . .
Cited – Regina v Durante CACD 1972
Logical inconsistency is generally an essential prerequisite for success of an appeal against conviction on the ground of inconsistency of verdicts. . .

Cited by:

Cited – Regina v Rafferty (WA); Regina v Rafferty (WK) CACD 5-Apr-2004
The defendants appealed, saying the jury verdicts were not consistent.
Held: Counsel presenting such an appeal should ensure that the transcripts of the cases now cited were put before the court. To have a verdict set aside for inconsistency . .
Cited – Regina v Rooney CA 12-Jul-2006
The appellant appealed her conviction under the 1998 Act. As a police support worker, she had used the Force’s computer to access information about former boyfriend. She replied that the access was simply for the purpose of ensuring the records were . .
Lists of cited by and citing cases may be incomplete.

Crime, Criminal Practice

Updated: 08 October 2022; Ref: scu.150655

Regina v Ryan: CACD 31 Oct 1996

The defendant appealed convictions for possession of cannabis with intent to supply. He had been seen apparently passing packages to individuals outside a pub, and cannabis wraps were found on him, but no money. The judge directed the jury, referring to a possible runner who might have the money, but no such suggestion had been made by the prosecution or defence. Also the officer on first approaching the defendant said he was looking for offensive weapons, but his evidence was that he had seen drugs transactions. The judge had failed to see that this might affect the credibility of the police statements, and had not allowed for this in his summing up. The judge in summing up had presented the prosecution case in a way different from that actually put. The appeal was allowed.

Citations:

[1996] EWCA Crim 1256

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Cristini CACD 1987
In considering whether a matter should have been addressed by the judge in summing up the court should consider whether it was an issue which was ‘actively canvassed in the course of the hearing’. For the judge to raise it for the first time after a . .
Cited – Regina v White 1987
. .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.148920

In the Matter of Paul Griffin: CACD 31 Oct 1996

Counsel had had photographs brought to court to show the court injuries sustained by a witness. During a recess the defendant removed them and copied them before selling them to a news agency.
Held: The ‘Borrowing’ of photo from counsel’s file in court was capable of being contempt.

Citations:

Times 06-Nov-1996, [1996] EWCA Crim 1262

Jurisdiction:

England and Wales

Contempt of Court, Crime

Updated: 08 October 2022; Ref: scu.148926

Regina v Dhillon: CACD 27 Nov 1996

The defendant appealed against his conviction for murder saying that the defence of provocation had not been left to the jury. The trial judge had thought that there should be a provocation direction, but neither prosecuting nor defence counsel thought it was necessary, so the judge did not give the direction.
Held: The judge had tried to be fair, and had done what both experienced counsel had agreed that he should do. Nevertheless, the law was clear and on the facts the judge should have given a provocation direction. The question then was whether the omission made the conviction unsafe.
Ward LJ said: ‘There is now only one test: does the court think that the conviction is safe or unsafe? In deciding that we must pay particular respect to the almost unique statutory requirement imposed by section 3 of the Homicide Act that the question whether the provocation was enough to make a reasonable man do as this accused did must be left to the jury. That does not mean that the loss of the right to a trial of this issue by a jury must include the loss of a chance that a jury might return a perverse verdict. It means only that we must be astute to acknowledge that the judgment of human frailty – for it is that which lies at the heart of provocation – is a relative not an absolute judgment in respect of which a jury is well-placed to accommodate a permissible difference of emphasis. Thus the question is not whether we, on due and proper consideration of all the relevant evidence, are sure of guilt, but whether we are sure that at least ten members of the jury would be drawn inevitably to that conclusion.’ Since the Court could not answer that question with certainty, the conviction for murder was quashed as being unsafe. ‘The result, making some mockery of our hallowed adversarial procedure which strives to do justice to both sides, is that the appellant is able both to have his cake at trial and also to eat it on appeal.’

Judges:

Ward LJ

Citations:

[1996] EWCA Crim 1553, [1997] 2 Cr App R 104

Statutes:

Homicide Act 1957 83

Jurisdiction:

England and Wales

Cited by:

Cited – Van Dongen and Another, Regina v CACD 5-Jul-2005
The defendant brothers appealed convictions for murder. They had pleaded self defence. The injuries on the deceased suggested a substantial number of wounds were inflicted when he was in a curled up defensive post.
Held: The provocation . .
Cited – Regina v Coutts HL 19-Jul-2006
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.149217

Regina v Adegunle: CACD 25 Oct 1996

The applicant was a prison officer, ordered to appear at court. On his non-appearance he was found guilty of contempt and ordered to serve 14 days imprisonment. The order had been made on the Friday, to appear on the Monday, but evidence of attempts to contact him by phone was now contradicted.
Held: The conviction was quashed, and a new trial ordered.

Citations:

[1996] EWCA Crim 1204

Statutes:

Administration of Justice Act 1960 13

Jurisdiction:

England and Wales

Criminal Practice, Contempt of Court

Updated: 08 October 2022; Ref: scu.148868

Regina v Campbell: CACD 25 Oct 1996

The defendant appealed against his conviction for murder. At trial he had pleaded provocation, but not that he suffered abnormality of mind. Subsequent evidence of his state of mind led to this referral. The court now received fresh evidence to support a defence of diminished responsibility where the issue had not been raised at trial.
Held: There must be a retrial. Diminished responsibility is an optional defence, to be advanced, if he so wishes, by the defendant.
The court considered whether it was bound by previous decisions of the Privy Council. Lord Bingham CJ said: ‘If we were entitled to choose between the competing views expressed in the Privy Council decision, we should face a difficult task . . We do not, however, conceive that it is open to us to choose between these competing views. The previous decisions of this court are binding upon us. The decision of the Privy Council is not. It appears to us that unless and until the previous decisions of this court are authoritatively overruled, our duty and that of trial judges bound by the decisions of this court is to apply the principles which these cases lay down. If there is an effective re-trial in this case, and if provocation is an issue, it will be the duty of the trial judge to apply the law binding upon him as it then stands.’
Lord Bingham CJ discussed the admission of new medical evidence on appeal: ‘Under the section, the Court of Appeal must therefore primarily consider what it thinks necessary or expedient in the interests of justice, but must pay particular regard to the four matters listed in subsection (2). Here, the evidence which we are asked to receive appears to us to be capable of belief, and the Crown do not suggest otherwise. It appears to us that the evidence might afford a ground for allowing the appeal. It is plain that the evidence would have been admissible in the proceedings from which the appeal lies on an issue (diminished responsibility) which is the subject of the appeal. The reason given for failing to adduce the evidence in the proceedings before the jury is that the evidence was not then available to the appellant, and that there has in the intervening decade been an advance in medical science which permits a more complete picture of the appellant’s mental condition to be presented than could then have been easily done. This Court has repeatedly underlined the need for defendants in criminal trials to advance their full defence before the jury and call any necessary evidence at that stage. It is not permissible to advance one defence before the jury and, when that has failed, to devise a new defence, perhaps many years later, and then seek to raise that defence on appeal. It is, however, plain that the failure of the appellant’s advisers to advance a defence of diminished responsibility at the trial was not a matter of tactical decision but of practical necessity: since the expert witness on whom the defence relied found it impossible to support a defence of diminished responsibility, it was rightly judged to be improper to advance such a defence. Since the case has now been referred back to this Court for reconsideration, we were bound to judge the application to adduce this evidence according to our judgment of what the interests of justice required. We concluded that in all the circumstances we should receive this evidence and accordingly had the benefit both of studying the written reports of Dr. Fenwick and Professor Fenton and of hearing their oral evidence.
Having received this new evidence and considered all the material drawn to our attention and all the arguments addressed to us on both sides, we are of opinion that a defence of diminished responsibility, if based on the evidence now available, might well succeed, and might well have succeeded at the trial if then advanced along the present lines. It follows that in our judgment this conviction is unsafe and we must allow the appeal.’

Judges:

Lord Bingham CJ

Citations:

[1996] EWCA Crim 1206, [1997] 1 Cr App R 199

Statutes:

Homicide Act 1957 2(1) 3, Criminal Appeal Act 1968 17(1)(a)

Jurisdiction:

England and Wales

Citing:

Not followed – 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 Campbell 1987
Given psychiatric evidence given at the trial, the judge should have directed the jury not only on provocation but also on diminished responsibility. . .

Cited by:

Cited – James, Regina v; Regina v Karimi CACD 25-Jan-2006
The defendants appealed their convictions for murder, saying that the court had not properly guided the jury on provocation. The court was faced with apparently conflicting decision of the House of Lords (Smith) and the Privy Council (Holley).
Cited – Regina v Borthwick CACD 18-May-1998
Prior to the trial the appellant had been examined by a psychiatrist, but he refused to allow a more detailed examination to be undertaken and pleaded not guilty on the basis that he denied responsibility for the killing. He was convicted. Shortly . .
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 . .
Cited – Adolphus Campbell v The State PC 20-Aug-1999
PC (Trinidad and Tobago) The defendant appealed his conviction for murder. The Board considered whether the Court of Appeal should consider additional medical evidence. He was said to have attacked the deceased, . .
Cited – Regina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Crime

Updated: 08 October 2022; Ref: scu.148870

Regina v Graham, Kansal, etc: CACD 25 Oct 1996

The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe.
Held: After studying the authorities at length, the court felt that the various convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of guilty of lesser offences.
Lord Bingham CJ said: ‘It is apparent that conditions which permit the Court to order a re-trial are two fold: the Court must allow the appeal and consider that the interests of justice require a re-trial. The first condition is either satisfied or is not. The second requires an exercise of judgment, and will involve the consideration of the public interest and the legitimate interests of the defendant. The public interest is generally served by the prosecution of those reasonably suspected on available evidence of serious crime, if such prosecution can be conducted without unfairness to or oppression of the defendant. The legitimate interests of the defendant will often call for consideration of the time which has passed since the alleged offence, and any penalty the defendant may have already paid before the quashing of the conviction.’

Judges:

Bingham LCJ

Citations:

Gazette 27-Nov-1996, Times 28-Oct-1996, [1996] EWCA Crim 1211, (1997) 1 Cr App R 302

Links:

Bailii

Statutes:

Criminal Appeal Act 1995, Theft Act 1968 15(1), Criminal Appeal Act 1968 3

Jurisdiction:

England and Wales

Citing:

Cited – Regina v McHugh CACD 1977
The defendant was convicted of theft. It was suggested that he might have been guilty of obtaining by deception. The court considered it ‘a purely technical question whether at the end of the day the proper offence is one of theft or obtaining by . .
Cited – Regina v Molyneux CACD 1981
A statutory conspiracy had been misdescribed as a common law conspiracy; the particulars of the offence were properly set out but a reference to the relevant statute was omitted.
Held: On appeal the defect was in fact favourable to the . .
Cited – Regina v Ayres HL 1984
The defendant was charged with a common law conspiracy. It had been held that the only proper charge was of conspiracy to obtain by deception. The defendant was convicted upon an indictment which did not charge him accurately with the only offence . .
Cited – Regina v Pickford CACD 1995
The defendant pleaded guilty to inciting a boy who might have been under 14 at the time to commit incest with the boy’s mother. On appeal it was argued that the defendant had pleaded guilty to an offence unknown to the law, since if the boy had been . .
Cited – Regina v Deacon CACD 1973
The court emphasised it did not have power to substitute a verdict on more general grounds i.e. when it was satisfied that the alternative verdict would have been inevitable had the case been properly presented to the jury. In considering section . .
Cited – Regina v Lillis CACD 1972
The court considered the intent of section 6(3) of the 1967 Act. Lawton LJ said: ‘Before the passing of the 1967 Act, the law (on alternative verdicts) was partly to be found in the common law and partly in a number of statutes. At common law on an . .
Cited – Regina v Wilson (Clarence); Regina v Jenkins HL 1983
The court considered the application of the section on alternative verdicts available to juries on a trial for attempted murder. The allegations in a charge under section 20 of the Offences against the Person Act 1861 or under section 9(1)(b) of the . .
Cited – Regina v Caslin CCA 1961
The court considered its ability to substitute a conviction for a lesser offence on appeal after finding the conviction unsafe.
Held: ‘the jurisdiction of this court does not depend upon whether the judge did in fact sum up on the alternative . .
Cited – Regina v Mallett CACD 1978
The defendant car dealer had made out and used a hire-purchase agreement form which falsely stated that the hirer had been a company director for a named company for several years. Relying on the information, a finance company financed the . .
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 Widdowson CACD 1986
The defendant made dishonest representations in a document which might, at a later stage, have led to a hire purchase agreement.
Held: Obtaining a hire purchase agreement can amount to the obtaining of services. Halai held that a mortgage . .
Cited – Attorney General’s Reference (No 1 of 1980) CACD 1981
Section 17 is not to be reduced in the requirements of the offence. Knowledge of the purpose of a document is not an element required to be proved. . .

Cited by:

Followed – Regina v Adebayo CACD 7-Jul-1997
The defendant had been employed in the probate registry, and sought by deception to conspire with others to use the information he obtained to obtain money from estates. He appealed, saying that the court should not have convicted him of obtaining . .
Cited – Regina v Cooke CACD 2-Dec-1996
The defendant had been convicted upon his admission, and sentenced a later decision in another case indicated that the basis of his plea might be wrong. He sought permission to apply for leave to appeal out of time.
Held: Leave to appeal was . .
Cited – Regina v Bottomley CACD 31-Jul-2003
The defendant appealed his conviction for murder. An application had been granted for a special measures direction to allow a witness to give evidence by live video link. However the necessary order permitting this was not in effect.
Held: The . .
Cited – Regina v Naviede CACD 21-Mar-1997
The defendant appealed from his conviction for dishonesty. He said that he should have allowed hi to represent himself as to certain aspect of his case, but to have legal representation for others.
Held: The judge was right to reject such a . .
Cited – Regina v Hilton CACD 7-Mar-1997
The defendant on a theft charge was a signatory on an account and caused money to be transferred to other accounts.
Held: The instructions to the bank had caused the transfers, and the defendant had therefore misappropriated the credit balance . .
Cited – Regina v Dawson, Dawson CACD 14-Jul-1997
The defendants were convicted of a mortgage fraud. They appealed saying they had not been dishonest. They had signed forms, but they then had been completed by others, and that it had been those further replies which were dishonest. The original . .
Applied – Regina v Stone CACD 14-Feb-2001
The defendant appealed against his conviction in 1998 of murder based on a confession said to have been made to a fellow prisoner on remand. A witness supporting that confession said after the trial that he had lied under police pressure. The appeal . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 08 October 2022; Ref: scu.148875

Regina v South Ribble Magistrates ex parte Cochrane: CACD 7 Jun 1996

Citations:

[1996] EWCA Crim 600, [1996] 2 Cr App R 544

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Gordon CACD 6-Jul-1999
The appellant was one of two convicted of murder. He appealed that conviction. Another youth had first denied any knowledge but then implicated the defendant after being arrested for other offences. The prosecution had been allowed to treat that . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.148264

Regina v Antoniou, Redhead: CACD 28 Jan 1995

At a directions hearing, the prosecution had failed to serve additional evidence as required. The defence were unable to settle upon their witnesses until the state of the prosecution evidence was settled.

Judges:

Mr Justice Latham

Citations:

[1995] EWCA Crim 2

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Regina v Antoniou, Redhead (No 1) CACD 28-Jan-1995
. .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.147662

Regina v James, SJ: CACD 4 Oct 1995

The defendant had been accused of dangerous driving. He entered a plea of guilty to driving without due care, but that was not acceptable to the prosecution. He was acquitted of the more serious charge and the judge purported to sentence him on the plea entered. Only one charge had been on the indictment.
Held: The prosecution having rejected the guilty plea, that plea became a nullity and the court could not sentence him upon it.

Judges:

Lord Justice Stuart-Smith, Mr Justice Mantel, Mr Justice Moses

Citations:

[1995] EWCA Crim 4

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Hazeltine 1967
. .
Cited – Regina v Notman CACD 1994
. .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.147664

Regina v Condron, Condron: CACD 17 Oct 1996

The defendants were charged with the supply of heroin. They had declined to answer police questions and it was on the record that their solicitor had advised them not to do so, on the grounds that he considered them unfit because they were displaying withdrawal symptoms; the doctor who examined them had disagreed.
Held: The appeals failed. Where it was in evidence that the defendant had been given legal advice not to answer questions that did not mean that no adverse inference under section 34 could ever be drawn. However, a direction based upon the one appropriate to failure to give evidence ought to be given. On the facts, although the direction had not been as complete as it should have been, the convictions remained safe.
A defendant’s legal privilege attaching to the reasons for taking a particular course in the police station may be set aside on his failure to answer questions if an inference is not to be drawn from his silence.
Stuart-Smith LJ said: ‘Having regard to the view of this Court in Cowan, we consider that it is desirable that a direction on the lines indicated above should be given. There is as much need to remind the jury of the circumstances in which a proper inference can be drawn under section 34 as under section 35.’ The judge must make it clear to the jury that before any adverse inference may be drawn, there has to be a case for that defendant to answer. Silence or a refusal to answer questions is not enough. That cannot be a proper foundation for a conviction.
As to legal professional privilege at a police station, the court set out several propositions: i) Communications between an accused and his solicitor at the police station are privileged.
ii) The defendant can waive the privilege but his solicitor cannot do so without his authority.
iii) If an accused gives as a reason for not answering questions that his solicitor advised him not to do so, ‘that advice, in our judgment, does not amount to a waiver of privilege.’
iv) But if, as will often happen, the defendant wishes to put in evidence not merely the fact that he has received such advice but the reasons for it, that (although the point was not fully argued) ‘may well amount to a waiver of privilege’. The solicitor here could not claim privilege when cross examined about the ability of the defendants to explain themselves to him at the time when he was contending that they were unfit to answer questions; the privilege had been waived by the defendant calling him to give evidence of the reasons for his advice.
v) Where a defendant is accused of subsequent fabrication of the explanation he is now advancing at trial, ‘it is always open to a party to attempt to rebut this inference by showing that the relevant facts were communicated to a third person, usually the solicitor, at about the time of the interview (see Wilmot). This does not involve waiver of privilege if it is the solicitor to whom the fact is communicated; the solicitor is, for this purpose, in the same position as anyone else.’

Judges:

Stuart-Smith LJ, Mantell, Moses JJ

Citations:

Times 04-Nov-1996, [1996] EWCA Crim 1129, [1997] 1 WLR 827, [1997] 1 Cr App R 185

Links:

Bailii

Statutes:

Criminal Justice and Public Order Act 1994 34

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Cowan and Another CACD 12-Oct-1995
Detailed directions were provided for the judge to give to a jury where a defendant chooses not to give evidence in his defence in the Crown Court.
Lord Taylor of Gosforth said: ‘1. The judge will have told the jury that the burden of proof . .

Cited by:

Appeal from – Condron v The United Kingdom ECHR 2-May-2000
A direction to a jury about an accused person’s silence during police questioning was inadequate to protect the right to a fair trial. The applicants had been advised by their solicitor to remain silent during interview because they were withdrawing . .
Cited – Raymond Christopher Betts, John Anthony Hall v Regina CACD 9-Feb-2001
The defendants appealed convictions for causing grievous bodily harm. During interviw, the solicitor had advised that since the police had failed to make proper disclosure of the evidence, his client should not answer. He now appealed complaining of . .
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 – Benn and Benn v Regina CA 30-Jul-2004
The defendants appealed against convictions for importing drugs. The evidence was circumstantial, including evidence of contamination of paper money with cocaine. New evidnce suggested the original forensic techniques had returned many false . .
Cited – Petkar and Farquar, Regina v CACD 16-Oct-2003
The defendants appealed their convictions and sentence for theft. Whilst employed by a bank thay had arranged for transfers to their own account. Each blamed the other. They appealed on the basis that the direction on their silence at interview was . .
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 . .
Cited – Fitzgerald, Regina v CACD 6-Mar-1998
The defendant appealed against his conviction for robbery. At interview, his solicitor had explained his failure to answer questions by reference to the involvement of others, but in terms which treated this itself as an admission.
Held: The . .
Cited – Regina v Roble CACD 21-Jan-1997
The defendant appealed against his conviction for wounding with intent. He had answered ‘no comment’ in the police interview, but claimed self defence at trial. The court considered what note should be taken of the solicitor’s evidence of his advice . .
Cited – Black v Regina CACD 17-Jul-2020
Disclosure Sufficient to Support Inference
The court was asked whether sufficient evidence had been adduced about the strength of the prosecution case at the time of interview, to permit an adverse inference to be drawn from the failure to mention specific facts pursuant to section 34 of the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Crime

Updated: 08 October 2022; Ref: scu.148793

Regina v Johnson: CACD 14 May 1996

The defendant had used public telephones to cause nuisance, annoyance, harassment, alarm and distress. He had made hundreds of obscene telephone calls to at least 13 women, and was convicted of causing a public nuisance. He argued that no call caused distress to more than one person, and that it was wrong to aggregate them.
Held: Following the PYA case, nuisances against a sufficiently large number of individuals could amount to a public nuisance. Tucker J: ‘In his submissions to us on behalf of the appellant, Mr Haworth made two points. First, that each of these telephone calls was a single isolated act to an individual person, which may have represented a private nuisance, but it is wrong to lump them all together and to regard the cumulative effect as an offence of public nuisance. Secondly, that, in any event, the scale and width of the conduct complained of was insufficient to constitute a public nuisance.
In our judgment it is permissible and necessary to look at the cumulative effect of these calls, made to numerous ladies on numerous occasions in the case of each lady, and to have regard to the cumulative effect of the calls in determining whether the appellant’s conduct constituted a public nuisance. In our opinion it was conduct which materially affected the reasonable comfort and convenience of a class of Her Majesty’s subjects: see per Romer LJ in Attorney-General v PYA Quarries Ltd . . . It was a nuisance which was so widespread in its range, or so indiscriminate in its effect, that it would not be reasonable to expect one person to take proceedings on her own responsibility, but that they should be taken on the responsibility of the community at large: see Denning LJ … It was proved by the Crown that the public, meaning a considerable number of persons or a section of the public, was affected, as distinct from individual persons.
The second point involves a question of fact, which was properly left to the jury. Here was an indiscriminate selection of members of the public with whom the appellant had come into contact. It was not a selection of a few individuals. It was a case in which ladies generally who lived in the South Cumbria area, and whose telephone numbers had become known to this appellant, were at risk from him of being harassed and caused annoyance, alarm and distress. Whether there was a sufficient number of complainants of calls to amount to a public nuisance was a question for the jury to decide following proper directions such as were given in this case.’

Judges:

Tucker J

Citations:

Gazette 12-Jun-1996, Times 22-May-1996, [1996] EWCA Crim 428, [1996] 2 Cr App R 434, [1997] 1 WLR 367

Links:

Bailii

Statutes:

Telecommunications Act 1984 43

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Madden CACD 1975
The court considered an appeal against a conviction for causing a public nuisance by the making of bomb hoax telephone call to a steel works. The message was received by a telephonist, who informed the engineer and also the police. The police . .
Cited – Regina v Norbury 1-Mar-1977
(Norwich Crown Court) Between July 1972 and November 1976, 494 women resident in Norfolk reported to the police a total of 605 obscene telephone calls from the defendant. The offence would normally be a summary offence with a maximum of . .
Cited – Attorney-General v PYA Quarries Ltd CA 1957
In a relator action, an injunction was sought to prevent the respondent from emitting quantities of dust from their quarry. The court had to decide what were the constituents of the offence of a public nuisance, and how this differed from a private . .
Cited – Regina v Millward CACD 1986
Over nearly two years the appellant made thousands of telephone calls to a woman employed at a police station. On one day a total of 636 calls were made. He pleaded guilty to two counts of public nuisance. The whole operation of the police station . .

Cited by:

Cited – Goldstein, Rimmington v Regina CACD 28-Nov-2003
Two defendants appealed in respect of alleged offences under common law of causing a public nuisance. One had sent race hatred material, and the other bomb hoaxes, through the post. Both claimed that the offence was so ill defined as to be an . .
Doubted – Regina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.148092

Regina v Antoniou, Redhead (No 1): CACD 28 Jan 1995

Citations:

[1995] EWCA Crim 1

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Regina v Antoniou, Redhead CACD 28-Jan-1995
At a directions hearing, the prosecution had failed to serve additional evidence as required. The defence were unable to settle upon their witnesses until the state of the prosecution evidence was settled. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.147661

Regina v Geddes: CACD 16 Jul 1996

There need not always be a clear division on the facts between acts which are merely preparatory and actual attempts under the Act: ‘The cases show that the line of demarcation between acts which are merely preparatory and acts which may amount to an attempt is not always clear or easy to recognise. There is no rule of thumb test. There must always be an exercise of judgment based on the particular facts of the case.’
An accurate paraphrase of the English test was to ask whether the available evidence, if accepted, could show that a defendant has done an act which shows that he has actually tried to commit the offence in question, or whether he has only got ready or put himself in a position or equipped himself to do so.

Citations:

Times 16-Jul-1996, [1996] Crim LR 894, (1996) 160 JP 697

Statutes:

Criminal Attempts Act 1981 1(1)

Jurisdiction:

England and Wales

Crime

Updated: 08 October 2022; Ref: scu.88468

Regina v Woollin: CACD 12 Aug 1996

The defendant threw his child in anger onto a hard surface. He argued that he did not intend the consequences, the death of the child.
Held: A direction from the judge as to the making of an inference of intent from the consequences of an act, must be made only with care, particularly in the absence of other evidence. Discussing Nedrick, Roch LJ said: ‘although the use of the phrase ‘a virtual certainty’ may be desirable and may be necessary, it is only necessary where the evidence of intent is limited to the admitted actions of the accused and the consequences of those actions. It is not obligatory to use that phrase or one that means the same thing in cases such as the present where there is other evidence for the jury to consider.’

Judges:

Roch LJ

Citations:

Times 12-Aug-1996, [1997] 1 Crim App R 97

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Nedrick CACD 10-Jul-1986
The appellant poured paraffin through the front door of a house and set it alight. In the fire a child died.
Held: Lord Lane CJ considered whether a simple direction to the jury on intent to either kill or to do serious bodily harm was . .
Cited – Regina v Williams 1984
. .

Cited by:

Appeal from – Regina v Woollin HL 2-Apr-1998
The defendant appealed against his conviction for the murder of his child. He had thrown the child to the floor, hitting the head. He said that he had not intended to kill the child.
Held: On a murder charge, where the short direction on . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.88346

Regina v Blackledge; Regina v Grecian; Regina v Mason; Regina v Phillips: CACD 14 Jun 1995

An order restricting certain exports survived the replacement of the Act under which the order was made, and continued to be binding.

Citations:

Gazette 14-Jun-1995

Jurisdiction:

England and Wales

Citing:

See Also – Regina v Blackledge and Others CACD 8-Nov-1995
Documents which were held by one government department, may be deemed to be held by all such departments. The Government’s failure to disclose documents was a material irregularity. . .

Cited by:

See also – Regina v Blackledge and Others CACD 8-Nov-1995
Documents which were held by one government department, may be deemed to be held by all such departments. The Government’s failure to disclose documents was a material irregularity. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.88386

Regina v Shortland: CACD 23 May 1995

The defendant had made a false statement in order to obtain the issue of a passport. She had signed in the name of a deceased child, but claimed that she had been non-violently coerced by her husband.
Held: Coercion of a wife by her husband can be established as a defence to a criminal charge without her needing to show a threat of immediate violence. The need is to show that her will had been overborne.

Citations:

Times 23-May-1995, Gazette 13-Jul-1995, Ind Summary 19-Jun-1995, [1995] CLY 1051, [1996] 1 Cr App R 116

Statutes:

Criminal Justice Act 1925 47

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Richman and Richman 1982
. .

Cited by:

Cited – Regina v Cairns; Regina v Zaldi, Regina v Chaudary CACD 22-Nov-2002
The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable.
Held: The 1996 Act created a duty of secondary . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.88020