Category: Crime

Achughbabian v Prefet du Val-de-Marne: ECJ 6 Dec 2011

Achughbabia2ECJ2011

ECJ Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures for returning illegally staying third-country nationals – National legislation making provision, in the event of illegal staying, for a sentence of imprisonment and a fine

Judges:

Skoris P

Citations:

[2011] EUECJ C-329/11, C-329/11

Links:

Bailii

Statutes:

Directive 2008/115/EC

Citing:

See Also – Alexandre Achughbabian v Prefet du Val-de-Marne ECJ 26-Oct-2011
ECJ Opinion – Directive 2008/115/EC – Return of illegally-staying third-country nationals – National legislation making provision for a term of imprisonment solely on the ground of illegal entry into or staying . .
Lists of cited by and citing cases may be incomplete.

European, Crime, Immigration

Updated: 04 October 2022; Ref: scu.450099

Amir and Another, Regina v: CACD 23 Nov 2011

Akhtar had arranged with a mortgage broker to obtain money from lenders by submitting false mortgage applications on behalf of third parties. He was prosecuted under section 328. The prosecution argued that Akhtar was guilty because he entered into an arrangement which he knew would facilitate the acquisition of property for third parties by deception, and, as an alternative submission, that the funds had the character of criminal property at the time when the arrangement began to operate on them.
Held: The appeal succeeded. As to the first part of the argument advanced by counsel for the prosecution, Elias LJ said: ‘On his analysis an offence is committed where a defendant becomes concerned in an arrangement which facilitates the criminal acquisition of property. The statute requires an arrangement facilitating the acquisition of criminal property. There is a material distinction.’
He also rejected the argument that the funds had the character of being criminal property at the time when the arrangement began to operate.

Citations:

[2011] EWCA Crim 2914, [2011] 1 Cr App R 37

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 328(1)

Jurisdiction:

England and Wales

Cited by:

Cited – GH, Regina v SC 22-Apr-2015
Appeal against conviction for entering into an arrangement for the retention of criminal funds. The defendant said that at the time of the arrangement there were not yet any criminal funds in existence. A had set up websites intending to con . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 October 2022; Ref: scu.450059

Alexandre Achughbabian v Prefet du Val-de-Marne: ECJ 26 Oct 2011

ECJ Opinion – Directive 2008/115/EC – Return of illegally-staying third-country nationals – National legislation making provision for a term of imprisonment solely on the ground of illegal entry into or staying in national territory – Compatibility

Judges:

Mazak AG

Citations:

C-329/11, [2011] EUECJ C-329/11

Links:

Bailii

Statutes:

Directive 2008/115/EC

Cited by:

See Also – Achughbabian v Prefet du Val-de-Marne ECJ 6-Dec-2011
Achughbabia2ECJ2011
ECJ Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures for returning illegally staying third-country nationals – National legislation making provision, in the event of . .
Lists of cited by and citing cases may be incomplete.

European, Immigration, Crime

Updated: 01 October 2022; Ref: scu.449969

George v Secretary of State for The Home Department: Admn 9 Dec 2011

The claimant sought judicial review of the refusal to reinstate his indefinite leave to remain after successfully appealing against a deportation order.
Held: The claim failed. Bidder QC J said: ‘the wording of section 5 is tolerably clear and the other statutory or regulatory provisions touching on the question of deportation and revocation strongly suggest that had it been Parliament’s intention that an appeal against the refusal to revoke a deportation order should automatically restore ILR it would have been a straightforward matter to achieve that. Instead, I am satisfied that, analogously to the position under rule 392, following a successful appeal, ILR remains revoked giving a discretion to the Secretary of State to determine whether to re-grant ILR or to give shorter discretionary leave.’
. . And ‘having concluded that the words of section 5 are clear and that there is no reason to imply that the effect of a successful appeal of a decision to refuse to revoke a deportation order is to revive ILR, neither do I find, either on principle, or in the particular circumstances of this case, that the Secretary of State was bound, once Immigration Judge Neuberger had allowed the Claimant’s appeal, to grant ILR. Indeed, having regard to the ‘borderline’ nature of that decision and the manifold uncertainties in and unpredictability of the Claimant’s private and family life and the question marks over his resolution to lead a law abiding life, the same policy reasons distinguished by successive judges in the cases I have cited above, convince me that the Secretary of State was acting lawfully and sensibly to confine her grant of leave to a discretionary six months in this case.’

Judges:

Bidder QC J

Citations:

[2011] EWHC 3247 (Admin)

Links:

Bailii

Statutes:

Immigration Act 1971 5, Nationality, Immigration and Asylum Act 2002 67 76

Cited by:

Appeal from – George, Regina (on The Application of) v Secretary of State for The Home Department CA 23-Oct-2012
The claimant had had indefinite leave to remain. He was convicted of a serious offence and ordered to be deported. He successfully appealed against that order, but now said that the effect of that was to revive his indefinite leave to remain.
At first instance – George, Regina (on The Application of) v The Secretary of State for The Home Department SC 14-Mar-2014
The court was asked: ‘If a criminal who previously had leave to remain in this country is liable to deportation because of his offences, but cannot actually be deported because to remove him would infringe his rights under the European Convention . .
Lists of cited by and citing cases may be incomplete.

Immigration, Crime

Updated: 01 October 2022; Ref: scu.449889

Director of Public Prosecutions v Ziegle and Others: Admn 22 Jan 2019

Appeals by case stated from failures at trials of charges of obstructing the public highway in the course of protests at the opening of a Defence and Security fair.
Held: The DPP’s appeals were granted for the first four defendants but rejected for the second group as being without jurisdiction. As to the first four cases: ‘the assessment as to proportionality by the District Judge was in all the circumstances wrong. This is because (i) he took into account certain considerations which were irrelevant; and (ii) the overall conclusion was one that was not sustainable on the undisputed facts before him, in particular that the carriageway to the Excel Centre was completely blocked and that this was so for significant periods of time, between approximately 80 and 100 minutes.’
The Court gave a helpful rubric setting out the questions which will need to be considered when Articles 10 or 11 are applied in the context of s.137 of the Highways Act 1980.

Judges:

Singh LJ, Farbey J

Citations:

[2019] EWHC 71 (Admin), [2019] WLR(D) 81, [2020] QB 253, [2019] 2 WLR 1451

Links:

Bailii, WLRD

Statutes:

Highways Act 1980 137

Jurisdiction:

England and Wales

Cited by:

Cited – Dolan and Others, Regina (on The Application of) v Secretary of State for Health and Social Care and Another CA 1-Dec-2020
Lockdown Measures not Ultra Vires the 1984 Act
The appellants, a businessman, and mother, appealed from refusal of leave to challenge regulations made in response to the Covid-19 pandemic on 26 March 2020 and since which introduced what was commonly known as a ‘lockdown’ in England. They . .
Applied – Leigh and Others v Commissioner of The Police of The Metropolis and Another Admn 12-Mar-2021
No declaration to require police to allow vigil
The claimants requested an interim declaration so as to allow them to hold a peaceful vigil on Clapham Common in memory of the late Sarah Everard. They challenged the failure of the respondent to permit it as an exercise of their human rights.
Lists of cited by and citing cases may be incomplete.

Crime, Criminal Practice, Human Rights

Updated: 01 October 2022; Ref: scu.633146

Regina v Aslam: CACD 1 Dec 2011

The defendant had been convicted of manslaughter on an indictment for murder. The jury was directed under the new law to the effect that the reference to ‘substantially impaired’ required the jury to conclude that the impairment was more than minimal. The judge when sentencing said that notwithstanding the finding of diminished responsibility, the defendant’s responsibility for the killing was still substantial. The appellant contended that this was at odds with the jury’s finding. If the abnormality of mental functioning had substantially impaired his ability to understand what he was doing, then he could not at the same time be substantially responsible.
Held: The court gave its reasons for rejecting the appellants appeal against his conviction for manslaughter. The meaning of substantially impaired in the amended version of section 2 was the same as in the original version.

Judges:

Hooper LJ, Edwards-Stuart, Mettyear JJ

Citations:

[2011] EWCA Crim 2797

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Golds, Regina v CACD 2-May-2014
The defendant appealed against his conviction for murder, sayng that the jury had been wrongly directed as to the meaning of ‘substantial impairent when considering the alternative of manslaughter . .
Cited – Golds, Regina v SC 30-Nov-2016
The defendant appealed against his conviction for murder, saying that he should have been only convicted of manslaughter, applying the new test for diminished responsibility as provided under the 1957 Act as amended, and particularly whether the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 September 2022; Ref: scu.449746

Regina v Lyons: CACD 1 Dec 2011

The defendant appealed against his conviction that as a member of the armed forces, he had failed to obey a lawful order. He had, as a conscientious objector working as a medical assistant and non-combatant, refused to undergo advanced weapons training.

Judges:

Toulson LJ, Openshaw, Hickinbottom JJ

Citations:

[2011] EWCA Crim 2808

Links:

Bailii

Statutes:

Armed Forces Act 2006

Jurisdiction:

England and Wales

Crime, Armed Forces

Updated: 29 September 2022; Ref: scu.449749

Powar and Another, Regina v: CACD 25 Mar 2009

The court considered an appeal where prosecution witnesses who had lived in the same street as the murder. They were given anonymity giving evidence from behind screens, and having their voices modulated.
Held: The anonymisation of witnesses should not be routine. Here however there had been a brutal murder. The witnesses were eye witnesses and would not have given evidence save under anonymity. They needed protection and had properly been given it. Though the trial had taken place before the new Act, an order would have been available under it.

Judges:

Lady Justice Hallett, Mr Justice Openshaw and Judge Gilbert, QC

Citations:

Times 24-Apr-2009, [2009] EWCA Crim 594

Links:

Bailii

Statutes:

Criminal Evidence (Anonymity of Witnesses) Act 2008 5 11

Jurisdiction:

England and Wales

Criminal Practice, Crime

Updated: 29 September 2022; Ref: scu.341586

J v Regina: CACD 2008

Citations:

[2008] EWCA Crim 1161

Statutes:

Terrorism Act 2000 57 58 118

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

Crime

Updated: 29 September 2022; Ref: scu.314314

Chambers, Regina v: CACD 17 Oct 2008

The court found that a customs prosecution for evasion of duty by excess tobacco imports was incorrectly founded, after failing to acknowledge a change in the 1992 Regulations brought in in 2001. Also, a day labourer who had merely assisted in unloading contraband tobacco did not obtain a benefit by way of a pecuniary advantage in the form of the evasion of excise duty since he was not himself under a liability for the payment of that duty.
Toulson LJ said: ‘On the hearing of the appeal Mr Cammerman accepted, in our judgment correctly, that the appellant would only have obtained a benefit by way of a pecuniary advantage in the form of the evasion of excise duty if he was himself under a liability for the payment of that duty which he dishonestly evaded. To help somebody else to evade the payment of duty payable by that other person, within intent to defraud, is no less criminal, but in confiscation proceedings the focus is on the benefit obtained by the relevant offender. An offender may derive other benefits from helping a person who is under a liability for the payment of duty to avoid that liability, eg by way of payment for the accessory’s services, but that is another matter. In order to decide whether the offender has obtained a benefit in the form of the evasion of a liability, it is necessary to determine whether the offender had a liability which he avoided. In the present case that turns on whether the appellant was liable for the payment of excise duty on the relevant goods under the relevant Regulations.’

Judges:

Toulson LJ, Griffith Williams, J, Brodericj HHJ Rec Winchester

Citations:

[2008] EWCA Crim 2467

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Khan; Regina v Lockett CACD 12-Mar-2009
The defendants appealed against confiscation orders made on conviction for dealing with goods with intent to defraud the CandE of payable duty namely in bringing in excess numbers of cigarettes.
Held: The appeal succeeded. In many cases the . .
Cited – White and Others v Regina CACD 5-May-2010
The defendants appealed against confiscation orders made after a finding that they had been involved (separately) in the smuggling of tobacco, suggesting a conflict between the 1992 Regulations and the Directive.
Held: The appeals variously . .
Cited – Mackle, Regina v SC 29-Jan-2014
Several defendants appealed against confiscation orders made against them on convictions for avoiding customs and excise duty by re-importing cigarettes originally intended for export. They had accepted the orders being made by consent, but now . .
Lists of cited by and citing cases may be incomplete.

Crime, Customs and Excise, Criminal Sentencing

Updated: 29 September 2022; Ref: scu.277390

Regina v Knightsbridge Crown Court ex parte Dunne; Brock v Director of Public Prosecutions: QBD 7 Jul 1993

‘Type of Dog’ has a broader meaning than the phrase ‘Breed of Dog’. American breed standards include characteristic behaviour also.

Citations:

Independent 07-Jul-1993, Times 23-Jul-1993

Statutes:

Dangerous Dogs Act 1991 1(1)(a)

Jurisdiction:

England and Wales

Animals, Crime

Updated: 29 September 2022; Ref: scu.87093

Troughton v Metropolitan Police: QBD 1987

A taxi-driver had agreed to drive the drunken defendant home. He stopped to get better directions from the defendant. There was an argument and the defendant accused the taxi driver of taking a diversion to increase the fare. The taxi-driver, being unable to obtain a proper destination drove the defendant to the police station. T appealed against his conviction for making off without payment.
Held: The appeal succeeded. As the journey was not yet complete, the taxi driver was in breach of contract in not taking the defendant home, and therefore no lawful demand for payment could be made or avoided.

Citations:

[1987] Crim LR 138

Statutes:

Theft Act 1978 3

Jurisdiction:

England and Wales

Crime

Updated: 28 September 2022; Ref: scu.545137

DM, Regina v: CACD 24 Nov 2011

DM appealed against his conviction for making indecent photographs of a child, saying that the conviction was incompatibe with his human rights and that no sufficient consent had been obtained from the DPP. He said that he had met the complainant in a public house where she was drinking and had believed her to be 18 years old.

Judges:

Rafferty LJ, Mackay, Loraine-Smith JJ

Citations:

[2011] EWCA Crim 2752

Links:

Bailii

Statutes:

Protection of Children Act 1978 1A(4)

Jurisdiction:

England and Wales

Crime

Updated: 27 September 2022; Ref: scu.449741

Youssef and Others v The Secretary of State for Foreign and Commonwealth Affairs: Admn 14 Nov 2011

The claimant sought to challenge the continued inclusion of his name on a list of persons subject to restrictions for showing sympathy to al Qaida, asking at this hearing: ‘Whether the Secretary of State’s decision to propose the relevant Claimant for listing by the UNSCR 1267 Committee was tainted by an error of law in that it proceeded on the basis that the relevant criteria for designation required only reasonable suspicion of relevant conduct, rather than evidence sufficient to establish such conduct to at least the civil standard of balance of probability.’

Judges:

Silber J

Citations:

[2011] EWHC 3014 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – HM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .

Cited by:

See Also – Youssef v Secretary of State for Foreign and Commonwealth Affairs CA 29-Oct-2013
The claimant appealed from rejection of his judicial review of a decision that he be placed on a list of persons subject to sanctions and therefore without access to money save with the consent of the government.
Held: The Secretary of State . .
Lists of cited by and citing cases may be incomplete.

Crime, Litigation Practice

Updated: 26 September 2022; Ref: scu.448512

Regina v Ali: CACD 14 Nov 2003

The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements.
Held: The evidence of the mother had been admitted in a manner agreed between the defence and prosecutor, and the defence had not gone outside the agreement. Though there might be a residual discretion to allow re-examination to introduce evidence of previous consistent statements, that did not apply here. The evidence should not have been admitted. Nevertheless, no substantial unfairness had occurred. On sentence, the sentences were manifestly excessive, and sentences of 15 months were substituted.

Judges:

Lord Justice Potter Mr Justice Cresswell Mr Justice Davis

Citations:

[2003] EWCA Crim 3214, Times 21-Nov-2003

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Jones v S E and Chatham Railway 1918
It is a general rule of evidence that statements may be used against a witness as admissions but that counsel is not entitled to bring evidence of statements on other occasions by the witness to confirm the testimony. . .
Cited – Regina v Riley 1866
The court described the workings of the Act, saying that once the whole of the deposition is before the jury: ‘it will appear how far the suggested contradiction exists, and the absence of a particular statement may be explained by the context; or . .
Cited – Regina v Beattie CACD 1989
The prosecution had been allowed to re-examine its witness to demonstrate inconsistencies.
Held: The Court doubted the legitimacy of such a course, and set out the three exceptions to the rule, namely recent complaints in sexual cases, . .
Cited – Regina v Coll 1889
‘The evidence of a witness cannot be corroborated by proving statements to the same effect previously made by him; nor will the fact that his testimony is impeached in cross-examination render such evidence admissible. Even if the impeachment takes . .
Cited – Regina v Larkin CCA 1943
There may be involuntary manslaughter, if the accused intentionally did an act which was unlawful and dangerous and that act inadvertently caused death. Humphreys J said: ‘Where the act which a person is engaged in performing is unlawful, then if at . .
Cited – Regina v Oyesiku CACD 1971
The court considered the admissibility of evidence of consistent statements in order to rebut an allegation of recent fabrication. There may be a residual discretion with the judge to permit re-examination to show consistency when there is . .
Cited – Regina v Weekes 1988
. .
Cited – Regina v P (GR) CACD 1998
. .
Cited – Nominal Defendant v Clements 1961
(Australia) Dixon CJ said of the rules regarding the significance of previous inconsistent statements: ‘in as much as the rule forms a definite exception to the general principle excluding statements made out of court and admits a possibly . .
Cited – Regina v Lennon CACD 7-Apr-1998
. .
Cited – Attorney-General’s Reference No 43 of 1999 (Glyn GM) CACD 2000
In this case involving serious sexual offences by a father upon his daughter, it was stated that, upon conviction on a plea of not guilty, the appropriate sentence would have been one of between 15 and 18 months’ imprisonment. . .
Cited – Attorney-General’s Reference No 72 of 1999 (MG) CACD 2000
. .
Lists of cited by and citing cases may be incomplete.

Crime, Criminal Sentencing

Updated: 25 September 2022; Ref: scu.187786

Bukovsky v Crown Prosecution Service: QBD 28 Jul 2016

An individual who faced criminal charges sued the CPS for libel, misfeasance in public office, and breach of the Human Rights Act, in respect of a public announcement that those charges were to be brought. The court was asked now to decide whether the announcement of the charge included meanings suggesting (as was denied) that the claimant was suspected of involvement in child abuse. The wording used was ‘making and possessing of indecent images of children’.
Held: The court must look to the ordinary and natural meaning of the words used and not to technical legal meanings. However: ‘The reaction of the ordinary reasonable reader to the wording of the Charging Announcement would take into account its nature and its source. It would be recognised for what it was: a formal public announcement by a public authority of a considered decision to bring specific criminal charges under specified statutory provisions against a named individual.’ and ‘Everybody knows that the process of making, that is creating or producing, a photograph can involve a wide range of activities. A person ‘makes’ a photograph if they develop it from film, for example, or if they participate in the process of printing it from a digital image. There is nothing in the Charging Announcement to indicate that in levelling this charge at this defendant the CPS were alleging any particular role, or adopting any particular meaning of ‘making’, limited to or involving the physical presence of the defendant at the indecent scene in the guise of photographer. In my judgment the reasonable reader, not avid for scandal, would not infer that this is what the CPS was alleging. ‘

Judges:

Warby J

Citations:

[2016] EWHC 1926 (QB)

Links:

Bailii

Statutes:

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

Jurisdiction:

England and Wales

Cited by:

Cited – Turley v Unite The Union and Another QBD 19-Dec-2019
Defamation of Labour MP by Unite and Blogger
The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the . .
Lists of cited by and citing cases may be incomplete.

Defamation, Crime

Updated: 25 September 2022; Ref: scu.567798