Category: Crime

Regina v Latif, Regina v Shahzad: CACD 17 Mar 1994

The acts of an agent provocateur give no defence under English Law. The remedy lies in the Judge’s discretion to exclude evidence unfairly obtained. Conduct which leads to the importation of drugs is ‘fraudulent evasion’. The appellants were convicted of arranging for 20 kilograms of heroin to be imported into the United Kingdom. They were sentenced to serve 20 years and 16 years respectively.

Citations:

Times 17-Mar-1994, Gazette 11-May-1994, (1994) 15 Cr App R (S) 864

Statutes:

Customs and Excise Management Act 1979 170(2)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v Latif; Regina v Shahzad HL 23-Jan-1996
The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process.
Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an . .
Cited – Regina v Kayar CACD 2-Mar-1998
A sentence of 20 years’ imprisonment imposed following trial was reduced to one of 16 years in respect of an offender who had organised the importation of a 10.3 kilo consignment of heroin. . .
Cited – Regina v Mulkerrins and Sansom CACD 20-Jun-1997
The defendant appealed sentences for importing 795 kgs of cocaine, with a street value of approximately pounds 125 million.
Held: There was evidence of others involved at a level even higher than the two appellants, but both appellants had . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Crime

Updated: 08 October 2022; Ref: scu.87121

Regina v Headley: CACD 15 Feb 1995

The appellant’s brother had been stopped by police and given his name and address as the driver of the car. The appellant was charged with perverting the course of justice on the basis that he had failed to respond to the summons against him arising out of his brother’s driving.
Held: The appellant had not done any act or pursued any course of conduct that could amount to the actus reus of the offence: inaction was not enough.

Citations:

Times 15-Feb-1995, Gazette 29-Mar-1995, (1995) Crim LR 738

Jurisdiction:

England and Wales

Cited by:

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

Crime

Updated: 08 October 2022; Ref: scu.86836

Regina v Giannetto: CACD 19 Jul 1996

A murder conviction was correct on a joint charge where the defendant was found to have encouraged and arranged it. The jury do not have to be sure which defendant in fact killed provided they are sure that both were there pursuant to a joint enterprise to kill or cause grievous bodily harm. If what occurred was within the ambit of the joint enterprise and the other elements of the offence are made out, then both are guilty, although only one had physically killed.

Citations:

Times 19-Jul-1996, [1997] 1 Cr App R 1, [1996] EWCA Crim 1805

Jurisdiction:

England and Wales

Cited by:

Cited – Teiko David Jamel Furbert and Sheldon Eugenio Franks v The Queen PC 23-Mar-2000
PC (Bermuda) The appellants challenged their conviction for murder. Evidence had been admitted of informal and unadmitted conversations with police officers after charge, with the officers notebooks put before . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.86692

Regina v Bowen: CACD 24 Apr 1996

The low IQ of the defendant was not relevant to jury’s consideration of the effect of duress as a defence. The age and sex of the defendant (but possibly no other characteristics) are relevant to the cogency of the threat.

Citations:

Gazette 24-Apr-1996, [1997] 1 WLR 372

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v G and R HL 16-Oct-2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.86178

Regina v Bull: CACD 4 Dec 1995

An odometer figure which was stated on the sales slip to be wrong was not s false trade description.

Citations:

Times 04-Dec-1995, [1997] RTR 123

Statutes:

Trades Descriptions Act 1968 1-1-a

Jurisdiction:

England and Wales

Cited by:

Cited – Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court Admn 27-Jul-2007
The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction.
Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.86247

Attorney-General’s Reference (No 3 of 1994): CACD 29 Nov 1995

The defendant was convicted of murder. He stabbed a pregnant woman, causing the premature birth and then death of her child.
Held: Murder is a possible charge for a wound inflicted on an infant en ventre sa mere, but dying after a live birth. The fact of a child’s death after birth from an injury inflicted on the mother whilst the child was in the womb, can found a murder charge.
A foetus is ‘a child capable of becoming a person in being’ and was sufficient to found a conviction for murder: ‘That is not to say that we think if an intention is directed towards the foetus a charge of murder must fail. In the eyes of the law the foetus is taken to be a part of the mother until it has an existence independent of the mother. Thus an intention to cause serious bodily injury to the foetus is an intention to cause serious bodily injury to a part of the mother just as an intention to injure her arm or her leg would be so viewed. Thus consideration of whether a charge of murder can arise where the focus of the defendant’s intention is exclusively the foetus falls to be considered under the head of transferred malice as is the case where the intention is focused exclusively or partially upon the mother herself.’
Mustill LJ commented on the doctrine of transferred malice: ‘Like many of its kind this is useful enough to yield rough justice, in particular cases, and it can sensibly be retained notwithstanding its lack of any sound intellectual basis. But it is another matter to build a new rule upon it.’

Judges:

Mustill LJ

Citations:

Times 06-Dec-1995, Times 29-Nov-1995, [1996] QB 581, [1997] 3 All ER 936

Jurisdiction:

England and Wales

Cited by:

Appeal from – Attorney-General’s Reference (No 3 of 1994) HL 24-Jul-1997
The defendant stabbed a pregnant woman. The child was born prematurely and died. The attack had been directed at the mother, and the proper offence was manslaughter.
Held: The only questions which need to be addressed are (1) whether the act . .
Cited – In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
Cited – Gnango, Regina v SC 14-Dec-2011
The prosecutor appealed against a successful appeal by the defendant against his conviction for murder. He and an opponent had engaged in a street battle using guns. His opponent had shot an innocent passer by. The court was now asked as to whether . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.78010

Ashlarba v Georgia: ECHR 15 Jul 2014

ECHR Article 7-1
Nullum crimen sine lege
Use of undefined colloquial expression in definition of criminal offence: no violation
Facts – In 2005 the Georgian legislature created a series of new offences designed to assist in the fight against organised crime. As part of a wider legislative package Article 223(1) of the Criminal Code was amended to make it an offence to be a member of the ‘thieves’ underworld’ or a ‘thief in law’. Although neither expression was defined in the Code, they were explained in other legislation that was introduced the same day (Law on Organised Crime and Racketeering). The expressions were also known within Georgian society as referring to the professional criminal underworld and ‘Godfather’ type figures among the criminal elite.
In 2007 the applicant was convicted of being a member of the ‘thieves’ underworld’ under Article 223(1) of the Criminal Code and sentenced to seven years’ imprisonment. In his application to the European Court, he complained under Article 7 of the Convention that that provision was not sufficiently precise or foreseeable to enable him to determine what conduct constituted an offence.
Law – Article 7: The Court reiterated that Article 7 – 1 requires that an offence, and its penalties, must be clearly defined by law. Individuals must be able to know from the wording of the relevant provision what acts and omissions will make them criminally liable.
The applicant had been convicted under Article 223(1) of the Criminal Code of being a member of the ‘thieves’ underworld’, a term not defined in the Criminal Code itself. The Court noted, however, that the influence exerted in Georgian society by the ‘thieves’ underworld’ was not only confined to the prison sector, but extended to the public at large and in particular vulnerable members of society such as young people. The rationale behind the decision to create specific laws concerning the milieu in question was to allow the State to more effectively combat these dangerous criminal syndicates which not only affected the criminal underworld, but also contaminated many aspects of ordinary public life. Indeed, studies and submissions supplied by the Government on the impact of the ‘thieves’ underworld’ showed that this criminal phenomenon was deeply rooted in society, and that concepts such as ‘thieves’ underworld’ and ‘thief-in-law’ were common knowledge, and widely understood by the public.
Consequently, the offences introduced by Article 223(1) had merely criminalised concepts whose meaning was already well known to the general public. In the Court’s view, the Georgian legislature had opted to use colloquial terms in the legal definitions because it wished to ensure that the essence of the offences would be grasped more easily by the public at large. The Court did not accept that these concepts were entirely foreign to the applicant, especially as he had expressly suggested the contrary in his depositions during the domestic investigations.
Most importantly, Article 223(1) of the Criminal Code was part of a wider legislative package enacted on the same day which included the Law on Organised Crime and Racketeering. Section 3 of that Law comprehensively explained the definitions of terms such as ‘thieves’ underworld’ and ‘thief-in-law’. When read in conjunction with that Law, Article 223(1) of the Criminal Code conveyed to the ordinary reader all the necessary constituent elements of the two criminal offences relating to the functioning of the ‘thieves’ underworld’. Accordingly, if not through common knowledge, then by reference to section 3 of the Law on Organised Crime and Racketeering and, if need be, with the assistance of appropriate legal advice, the applicant could easily have foreseen which of his actions would have attracted criminal responsibility under Article 223(1) of the Criminal Code.
Conclusion: no violation (unanimously).

Citations:

45554/08 – Chamber Judgment, [2014] ECHR 775, 45554/08 – Legal Summary, [2014] ECHR 884, [2014] ECHR 962

Links:

Bailii, Bailii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – Ashlarba v Georgia ECHR 3-Jul-2012
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, Crime

Updated: 07 October 2022; Ref: scu.535690

Browning v Lewes Crown Court and RSPCA: Admn 24 Apr 2012

The claimant appealed against the refusal by the respondent to state a case regarding its conviction of the claimant of offences under the 2006 Act.
Held: In view of the case of Perkins, the application failed save that the Crown Court should state a case as regards its decision to order the claimant to pay the RSPCA’s costs.

Judges:

Sir John Thomas P, Wyn Williams J

Citations:

[2012] EWHC 1003 (Admin)

Links:

Bailii

Statutes:

Animal Welfare Act 2006

Citing:

Cited – Regina v West London Metropolitan Stipendiary Magistrate, ex parte Klahn QBD 1979
The issue of a summons by a magistrate is a judicial act: ‘The duty of a magistrate in considering an application for the issue of a summons is to exercise a judicial discretion in deciding whether or not to issue a summons. It would appear that he . .
Applied – Lamont-Perkins v Royal Society for The Prevention of Cruelty To Animals (RSPCA) Admn 24-Apr-2012
The defendant had been convicted of animal cruelty. She appealed to the Crown Court, and now appealed against rulings made by the judge as to the time limits for a prosecution under the 2006 Act in the Magistrates Court. She said that the RSPCA . .
Lists of cited by and citing cases may be incomplete.

Animals, Crime

Updated: 07 October 2022; Ref: scu.452903

Peppersharp v Director of Public Prosecutions: Admn 10 Feb 2012

The defendant appealed by case stated against his conviction for aggravated trespass. Hostile protesters had entered into Millbank Tower, and ignited smoke bombs and smashed a large plate glass window from the outside.
Held: Irwin J said: ‘On facts such as this, however, the mass invasion of a building and the particular persistence in remaining in the building while occupants have to leave, their business disrupted, and even more certainly whilst damage is caused to the building, constitutes much more than mere trespass, and is perfectly capable of constituting an overt and distinct act, satisfying the requirement under the legislation.’

Judges:

Gross LJ, Irwin J

Citations:

[2012] EWHC 474 (Admin)

Links:

Bailii

Statutes:

Criminal Justice and Public Order Act 1994 68

Cited by:

Cited – Bauer and Others v The Director of Public Prosecutions Admn 22-Mar-2013
The appellants had entered Fortnum and Masons to demonstrate against tax avoidance. They appealed against convitions for aggravated trespass.
Held: The statutory question posed by s.68 is whether the prosecution can prove that the trespasser . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 October 2022; Ref: scu.452694

Regina v Lloyd: CACD 2000

The court in Lloyd was concerned with character directions which had been given in the form of questions.
Held: The conviction was unsafe. Good character directions should not be given in the form of a question, they should be given in the form of an affirmative statement, and that applied even if the question was a leading question; that in a case such as this one which turned almost entirely on the question of credibility as between the complainant and the appellant, the question of credibility was of the greatest importance and relevance so that, in the absence of an appropriate direction as to good character, the convictions were unsafe.
Lord Taylor LCJ said, as to a good character direction: ‘To summarise, in our judgment the following principles are to be applied:
(1) A direction as to the relevance of his good character to a defendant’s credibility is to be given where he has testified or made pre-trial answers or statements.
(2) A direction as to the relevance of his good character to likelihood of his having committed the offence charged is to be given, whether or not he has testified, or made pre-trial answers or statements.’

Judges:

Lord Taylor LCJ

Citations:

[2000] 2 Cr App R 355

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Vye etc CACD 7-Apr-1993
Detailed guidance was given on good character directions, as to how and when they should be given, but: ‘Provided that the judge indicates to the jury the two respects in which good character may be relevant, ie credibility and propensity, this . .

Cited by:

Cited – Moustakim, Regina v CACD 27-Nov-2008
Appeal from conviction of being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug of Class A, that is to say cocaine. Challenge to good character direction ‘You know from the officer that the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 07 October 2022; Ref: scu.652305

K, G and M, Regina v: CACD 2 Nov 2004

Appeal relating to the application to the offence of conspiracy to defraud of the principle that the jury must be unanimous on the ingredients of the offence.

Citations:

[2004] EWCA Crim 2685, [2005] 1 Cr App Rep 25, [2005] Crim LR 298

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 06 October 2022; Ref: scu.242380

Adnitt, Regina v: CACD 8 Nov 2002

Renewed application for leave to appeal against conviction of three counts of possessing drugs with intent to supply, namely, crack cocaine, heroin and cannabis.

Citations:

[2002] EWCA Crim 2633

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 06 October 2022; Ref: scu.242372

Hutchings, Regina v: CACD 22 Feb 2019

Issue concerning the written directions of the trial judge as to the law on consent and in particular the scope and effect of section 75(2)(a) of the Sexual Offences Act 2003. This is a provision which it is argued before us is problematic in numerous respects. The case raises various points about the structure of directions that should be given to juries on this provision.

Citations:

[2019] EWCA Crim 1042

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 06 October 2022; Ref: scu.645438

Maclean v Procurator Fiscal, Glasgow: HCJ 19 Jan 2012

Citations:

[2012] ScotHC HCJAC – 34

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Cited – Saunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 October 2022; Ref: scu.452314

A v Regina: CACD 13 Mar 2012

The appellant had been the victim of long term abuse and rapes by her husband. She complained of rape. She withdrew her complaint and her statement and was then prosecuted and convicted of doing acts tending to pervert the course of justice. Under later guidance from CPS she would not have been prosecuted.
Held: The appeal failed. Guidance issued later could not make an earlier proseuction an abuse of process.

Judges:

Igor Judge, Baron Judge LCJ, Silber, Maddison JJ

Citations:

[2012] EWCA Crim 434, [2012] 2 Cr App R 8, [2012] WLR(D) 76

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

Cited – Golding, Regina v CACD 8-May-2014
The defendant appealed against his conviction on a guilty plea, of inflicting grievous bodily harm under section 20. He suffered genital herpes, but had unprotected sex and acknowledged acting recklessly. He said that the prosecution had failed to . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 October 2022; Ref: scu.451909

Regina v Mears and Another: CACD 10 Nov 2011

Judges:

Moore-Bick LJ, Butterfield, Irwin JJ

Citations:

[2011] EWCA Crim 2651

Links:

Bailii

Statutes:

Consumer Protection from Unfair Trading Regulations 2008

Jurisdiction:

England and Wales

Cited by:

Cited – Hamilton and Others v Post Office Ltd CACD 15-Jan-2021
Good Reason to Pursue Second Appeal
The appellants had been convicted of fraud against the Post Office. The Criminal Cases Review Commission referred their convictions on two grounds, namely abuse of process for the inability to provide a fair trial, and that the trial was an affront . .
Lists of cited by and citing cases may be incomplete.

Crime, Consumer

Updated: 05 October 2022; Ref: scu.448363

Regina v Berry: CACD 1978

Although a person was highly abnormal, it did not mean that he was incapable of doing those things set out in Pritchard as the requirements to be fit to be tried. Lord Lane CJ set aside a finding that the defendant was unfit to stand trial, saying: ‘It may very well be that the jury may come to the conclusion that a defendant is highly abnormal, but a high degree of abnormality does not mean that the man is incapable of following a trial or giving evidence or instructing counsel and so on.’

Judges:

Lord Lane CJ

Citations:

[1978] 66 Cr App R 156

Jurisdiction:

England and Wales

Citing:

Cited – Rex v Pritchard 21-Mar-1836
A person, deaf and dumb, was to be tried for a capital felony the Judge ordered a Jury to be impanneled, to try whether he was mute by the visitation of God, the jury found that he was so. The jury were then sworn to try whether he was able to . .

Cited by:

Cited – Moyle v Regina CACD 18-Dec-2008
The defendant appealed from his conviction for murder. He said that he had not been fit to plead at the time of the trial. A medical report had said that whilst his responsibility was impaired, it had not been substantially so. The report warned of . .
Cited – Taitt v The State PC 8-Nov-2012
(Trinidad and Tobago) The defendant sought leave to appeal against his conviction for murder, with the death penalty mandatory sentence. He was of severely low intelligence.
Held: The appeal against conviction would not be allowed. Settled law . .
Cited – John M, Regina v CACD 14-Nov-2003
The trial judge had directed the jury, determining fitness to plead, with an extended formulation of the test, including the appellant’s ability to give evidence, if he wished, in his own defence. This facility had been described to mean that ‘the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 October 2022; Ref: scu.279857

Regina v Berry (No 3): CACD 1993

If there are several grounds of appeal, the Court of Appeal can decide whether the other grounds are to be considered.
The Court of Appeal is to note any unresolved issues after a case has decided on one point only.
Lord Taylor CJ considered how lengthy protraction of proceedings, such as had occurred in that case, could be avoided in the future. He observed:
‘If one of a number of grounds of appeal appears well-founded, this Court not infrequently indicates that it will allow the appeal on that ground without hearing argument on the others. This is a desirable option in the interests both of the speedy and economical disposal of the instant case and of enabling other appellants’ cases to come on.’

Judges:

Lord Taylor of Gosforth LCJ

Citations:

Times 19-Oct-1993, Independent 06-Oct-1993, [1995] 1 WLR 1

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v G; Regina v J HL 4-Mar-2009
G was to stand trial for possession of articles useful for terrorism. Whilst in prison, he collected and created diagrams and information and prepared plans to bomb a local army centre. When arrested he said he had done so to upset the prison . .
Cited – Hamilton and Others v Post Office Ltd CACD 15-Jan-2021
Good Reason to Pursue Second Appeal
The appellants had been convicted of fraud against the Post Office. The Criminal Cases Review Commission referred their convictions on two grounds, namely abuse of process for the inability to provide a fair trial, and that the trial was an affront . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Crime

Updated: 05 October 2022; Ref: scu.314315

Payton, Regina v: CACD 26 May 2006

The defendant appealed a conviction of possession of 66 grams of cannabis with intent to supply. Also found were a large number of small bags and pounds 7,000 in cash. The defendant said the cannabis was for his personal use, and the equipment had been left at the house. He also complained of the mention of an old spent conviction.
Held: The judge had correctly admitted the amount of cash in evidence. However the judge, having admitted the previous convictions and then having sought to ask the jury not to attach weight to them, should have taken the last step and said that the defendant’s good character was intact: ‘A judge who has decided that a defendant is, for the purposes of the trial, of good character, must confer the benefit on him of a good character direction. The failure to do so, in present circumstances, amounting to a fatal misdirection and the conviction must be quashed. ‘
The court considered the fact of parallel proceedings in the magistrates’ court for forfeiture, under Part 5 of the Proceeds of Crime Act 2002, of money found on a search in his flat and that was relied on in the criminal proceedings in support of the allegation of an intention to supply. The forfeiture proceedings were initiated by the police. The Crown Prosecution Service did not know of them. Although the hearing in the forfeiture proceedings had been fixed for a date after the criminal trial, the appellant had disclosed a considerable amount of material in them in advance of the criminal trial. The judge’s summing up in the criminal trial referred to the fact that the appellant had supplied information and had given the police the names of witnesses in the context of the forfeiture proceedings.
Held: The concurrent forfeiture proceedings were not an abuse of process or prejudice to the appellant had been established. But it had sufficient concerns to invite written representations about the practice followed. Pill LJ stated: ‘It is accepted that ‘close liaison’ would be expected between investigators in the civil and in the criminal proceedings. It is submitted that ‘the overwhelming likelihood is that the police would lodge an application for forfeiture (and so effect the detention of the cash and the preservation of the status quo) but then seek an adjournment of the application until criminal proceedings (including any appeal) are concluded’. The advantages of this course are described in the note. They include the preservation of the status quo and ensuring that the defendant is ‘not embarrassed into having to rehearse what may be part of his defence to the criminal allegation’. The defendant is unlikely to be in receipt of public funding in the civil proceedings. The potential saving of expense by adjourning civil proceedings is also mentioned.’ He recorded submissions on behalf of the appellant that there was ‘a real potential unfairness for a defendant to be put in the position of giving evidence on oath about matters which could affect his criminal trial before his criminal trial takes place. If the defendant chooses not to give such evidence, it might well result in forfeiture of cash seized before his criminal trial has concluded, or even started’. He said that the concern expressed by the court at the hearing was reflected in the contents of the notes and the submissions but that it was not necessary or appropriate to investigate further the issues arising, in the absence of fuller argument and a live issue. He continued: ‘It is, however, important that care is taken to ensure that the fair trial of a defendant is not prejudiced by anything arising in civil proceedings in the magistrates’ court and steps should be taken accordingly. Liaison between police acting under Part 5 of the 2002 Act and the prosecuting authority is essential. In view of what happened in this case, the issue should be addressed by them.’

Judges:

Lord Justice Pill The Honourable Mrs Justice Dobbs DBE Mr Justice Underhill

Citations:

[2006] EWCA Crim 1226

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Heath CACD 1-Feb-1994
The defendant complained that the judge had wrongly admitted details of past spent convictions. The judge had told the jury ‘entirely to ignore them as far as this case is concerned’.
Held: The convictions were ‘so lacking in significance to . .
Cited – Regina v Vye etc CACD 7-Apr-1993
Detailed guidance was given on good character directions, as to how and when they should be given, but: ‘Provided that the judge indicates to the jury the two respects in which good character may be relevant, ie credibility and propensity, this . .
Cited – Regina v Gray CACD 2004
The court gave guidance on appropriate good character directions where a defendant had old convictions. . .
Cited – Regina v Morris CACD 25-Oct-1994
The otherwise unexplained or unexplainable possession of large amounts of cash can be admissible as evidence of drug dealing. . .
Cited – Regina v Aziz; Regina v Tosun; Regina v Yorganci HL 16-Jun-1995
The defendant (one of three) relied upon his part exculpatory statement made in interview and did not give evidence. The judge said that his good character was relevant as to his own propensity, and the character of the others was relevant to their . .
Cited – Regina v Durbin CACD 1995
The appellant had been convicted of the importation of 875 kilos of cannabis. He had spent convictions but more significantly he admitted in interview being engaged in smuggling other contraband goods. Furthermore, he admitted telling lies to the . .
Cited – Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another HL 17-Feb-2000
A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal . .

Cited by:

Cited – Mote v Secretary of State for Work and Pensions and Another CA 14-Dec-2007
The appellant was accused of having received income benefits to which he was not entitled. A prosecution was commenced and at the same time he appealed to the tribunal against the decision that there had been an overpayment. The authorities . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 October 2022; Ref: scu.242220

Regina v CS: CACD 29 Feb 2012

The defendant appealed against the refusal of the judge to allow her defence of necessity in answer to a charge under section 1 of the 1984 Act. She said that it had been necessary to prevent the child being sexually abused.
Held: The appeal failed: ‘the legislative scheme relating to the protection of children, of which s.1 of the Child Abduction Act 1984 is part, is premised on the ultimate position of the court to see that arrangements are made which are in the best interests of the child; that its processes and orders must ultimately determine with whom the child is to have contact, where the child is to reside and who is to have custody. As the orders of the court can more readily be enforced if a child is within the jurisdiction of the courts of England and Wales, the underlying policy set out in that legislative scheme is reinforced by s.1 of the 1984 Act which makes it a crime to remove a child out of England and Wales without the appropriate consent . . It is impossible to see how, within the legislative scheme, the legislature could have contemplated that a parent could have the defence of necessity available in respect of the offence of removing a child from England and Wales where the whole purpose of making removal an offence was to reinforce the objective of retaining the child within England and Wales so the child could be subject to the protection of the court. ‘

Judges:

Sir John Thomas P, Dobbs, Underhill JJ

Citations:

[2012] EWCA Crim 389, [2012] 1 Cr App R 31, [2012] 1 WLR 3081, [2012] Crim LR 623, [2012] WLR(D) 54

Links:

Bailii

Statutes:

Child Abduction Act 1984 1

Jurisdiction:

England and Wales

Citing:

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 Martin (Colin) CACD 29-Nov-1988
Defence of Necessity has a Place in Criminal Law
The defendant appealed against his conviction for driving whilst disqualified. He said he had felt obliged to drive his stepson to work because his stepson had overslept. His wife (who had suicidal tendencies) had been threatening suicide unless he . .
Cited – Regina v Shayler CACD 28-Sep-2001
Duress as Defence not closely Defined
The defendant had been a member of MI5. He had signed the Official Secrets Act, but then disclosed various matters, including material obtained by interceptions under the Interception of Communications Act. He claimed that his disclosures were made . .
Cited – Director of Public Prosecutions v Rogers Admn 15-Oct-1997
Prosecutor’s appeal against dismissal of drink driving case. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 October 2022; Ref: scu.451706

Brown, Regina v: CANI 8 Sep 2011

The defendant appealed against his conviction for having had unlawful sex with an underage girl. He had pleaded guilty but now said this had been n a misunderstanding of the law. He had believed the girl to be 15, but his belief that that belief was insufficient was disturbed by a decision of the Supreme Court.
Held: The appeal against conviction failed. Unlike the Sexual Offences Act 1956 the Criminal Law Amendment Act 1885 provides a reliable statutory framework for the necessary implication that a defence based upon belief as to age is not available to a charge under section 4 of that Act.

Judges:

Morgan LCJ, Higgins LJ and Coghlin LJ

Citations:

[2011] NICA 47

Links:

Bailii

Statutes:

Criminal Law Amendment Act 1885

Jurisdiction:

Northern Ireland

Citing:

Cited – Regina v Manchester Stipendiary Magistrate, ex parte Hill and others HL 1993
The complaint had been laid before Magistrates before the expiration of the time limit, but was only considered and the summons issued after the time limit. The House also considered the power of delegation where a justice of the peace or the clerk . .

Cited by:

Appeal from – Brown, Regina v (Northern Ireland) SC 26-Jun-2013
The complainaint, a 13 year old girl had first said that the defendant had had intercourse with her againt her consent. After his arrest, she accepted that this was untrue. On being recharged with unlawful intercourse, he admitted guilt believing he . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 October 2022; Ref: scu.451571

Torfaen County Borough Council v Douglas Willis Ltd: Admn 20 Feb 2012

The company had been found with frozen meat which had passed the labelled ‘Use by’ date. The magistrates dismissed charges, conclusing that, since they were all frozen at the time of the inspection, they were not then highly perishable and so did not require a ‘use by’ date under the regulations. Therefore no offence was committed under the relevant regulation. The Council appealed.
Held: The prosecution did not have to show that the food was in a highly perishable state at the date of the alleged offence, but it did have to show that the food had at some stage been in a state which required it to be labelled with a ‘use by’ date and that the date had passed.
The Court certified the following point of law of public importance for the Supreme Court: ‘Does an offence under regulation 44(1)(d) of the Food Labelling Regulations 1996 require the prosecution to prove that the label or marking bearing the ‘use by’ date, after which the food was sold, was applied at a time when (1) the food was ready for delivery to the ultimate consumer or to a catering establishment, and (2) from the microbiological point of view it was highly perishable and in consequence likely after a short period to constitute an immediate danger to human health?’

Judges:

Aikens LJ and Maddison J

Citations:

[2012] EWHC 296 (Admin), [2012] CTLC 16

Links:

Bailii

Statutes:

Food Labelling Regulations 1996

Cited by:

Appeal from – Torfaen County Borough Council v Douglas Willis Ltd SC 31-Jul-2013
The Council’s officers visited the company’s premises, and after finding there packages of frozen meat whose use date had expired, pursued 23 charges under the 1990 Act and the Regulations. The justices had accepted the company’s argument that the . .
Lists of cited by and citing cases may be incomplete.

Consumer, Crime

Updated: 05 October 2022; Ref: scu.451432