Category: Crime

Cairns v Regina: CACD 16 Apr 2013

Appeals against sentence are mounted on the basis that the Judge has failed to have any, or sufficient, regard to the basis on which a plea of guilty has been entered. Re-statement of approaches.

Citations:

[2013] EWCA Crim 467

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Underwood and Others, Regina v CACD 30-Jul-2004
‘These appeals have therefore been listed together to enable this Court to repeat and emphasise general guidance about the procedure to be adopted where the defendant pleads guilty on a factual basis different to that which appears from the Crown’s . .
Cited – Regina v Tolera CACD 7-Apr-1998
A defendant asking to be sentenced on a factual basis other than the prosecution sought, should first put the basis in writing. Where the differences might affect sentence then a Newton hearing would be appropriate. Where a defendant’s account, as . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 12 September 2022; Ref: scu.472639

Ahmed Ali and Others, Regina v: CACD 19 May 2011

Defendants sought leave to appeal against convictions for conspiracy to murder on allegations of intended terrorism. In essence they complained of having been tried twice on substantially the same facts. The court accepted that a defendant who was alleged to have conspired with others to murder by the specific method of detonating bombs on transatlantic aircraft could properly be tried and convicted on a count that simply alleged conspiracy to murder, when some of the conspirators may have agreed to murder in ways other than placing explosive devices on aircraft.
Thomas LJ said: ‘it seems to us that, looking at the evidence in the case, it is clear that there was the possibility of two distinct agreements on the evidence advanced by the prosecution: an agreement by all to murder and an agreement by some (or all on the prosecution’s case) to murder not simply by detonating a device before an iconic object but by detonating IEDs on transatlantic aircraft. Although the object was to commit the same underlying offence of murder, they are distinct and different agreements as the latter involved an infinitely more serious and sophisticated agreement to do so by detonating IEDs on aircraft.’ and ‘what cannot be done is to put two different counts into the indictment to enable the jury to determine a factual issue where the difference in the facts does not make the offence in each count different. There can only be different counts where the there are different offences . . In the light of those authorities and the argument before us, [ . . ] it would be unlawful to charge the same offence in different counts in the indictment even though the factual basis differed. It is not permissible to put into an indictment an alternative factual basis which makes no difference to the offence committed whether or not it is for the purpose of enabling a jury to decide an issue of fact or for any other purpose. [ . . ]’

Judges:

Thomas LJ, MacDuff, Sweeney JJ

Citations:

[2011] EWCA Crim 1260, [2011] 3 All ER 1071, [2011] 2 Cr App Rep 22

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Mehta v Regina CACD 31-Dec-2012
The defendant appealed against his conviction for conspiracy to defraud. His co-defendant and alleged co-conspirator had been acquitted.
Held: The appeal against conviction failed. The defence knew that they were going to have to deal with the . .
Cited – Serious Fraud Office v Papachristos and Another CACD 19-Sep-2014
The applicants challenged their convictions and sentences for conspiracy to corrupt. They owned a company manufacturing fuel additives. Technology developments meant that they came under increasing pressure on sales. They were said to have entered . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 12 September 2022; Ref: scu.439871

DL v Regina: CACD 18 May 2011

The defendant appealed against his convictions for conspiracy to commit wilful misconduct sought leave to appeal against a conviction for concealing criminal property. As a police officer whose duties were in managing intelligence reports, but who said that he had been handling informants in the context of which hs actions were explained.

Judges:

Leveson LJ

Citations:

[2011] EWCA Crim 1259

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 12 September 2022; Ref: scu.439825

Jude and Others v Her Majesty’s Advocate: HCJ 11 May 2011

Judges:

Lord Justice Clerkm Lord Osborne, Lord Eassie, Lord Clarke, Lord Mackay of Drumadoon

Citations:

[2011] ScotHC HCJAC – 46, 2011 SLT 722

Links:

Bailii

Cited by:

Cited – McGowan (Procurator Fiscal) v B SC 23-Nov-2011
The appellant complained that after arrest, though he had been advised of his right to legal advice, and had declined the offer, it was still wrong to have his subsequent interview relied upon at his trial.
Held: It was not incompatible with . .
Appeal from – Jude v Her Majesty’s Advocate SC 23-Nov-2011
The Lord Advocate appealed against three decisions as to the use to be made of interviews where the detainees had not been given access to lawyers. In each case the prosecutor now appealed after their convictions had been overturned in the light of . .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime

Updated: 12 September 2022; Ref: scu.439700

Zejmowicz and Another, Regina v: CACD 11 May 2011

The appellants challenged their conviction for murder. They complained of a prison officer from their prison on the jury, the failure to discharge the jury after a finding of no case to answer against a third defendant, and the acceptance of hearsay evidence.

Judges:

Richards LJ, Roderick Evans J, Nicholas Cooke QC HHJ

Citations:

[2011] EWCA Crim 1173

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 12 September 2022; Ref: scu.439656

Regina v Wright and others: NICC 2007

On 26 December 2004 the defendant murdered Noel McComb, a street alcoholic believing, incorrectly, that his victim was a paedophile.

Citations:

[2007] NICC 33

Jurisdiction:

Northern Ireland

Cited by:

Mentioned – Callaghan v Independent News and Media Ltd QBNI 7-Jan-2009
callaghan_inmQBNI2009
The claimant was convicted in 1987 of a callous sexual murder. He sought an order preventing the defendant newspaper publishing anything to allow his or his family’s identification and delay his release. The defendant acknowledged the need to avoid . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 September 2022; Ref: scu.279853

Atkin v Director of Public Prosecutions: CACD 1989

‘The phrase ‘uses towards another person’ means, in the context of section 4(1)(a) ‘uses in the presence of and in the direction of another person directly.”

Judges:

Taylor LJ

Citations:

[1989] 89 Cr App R 199

Statutes:

Public Order Act 1986 4(1)(a)

Jurisdiction:

England and Wales

Cited by:

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

Crime

Updated: 11 September 2022; Ref: scu.237690

Regina v May: CACD 1990

The Lord Chief Justice defined the common law offence of outraging public decency: ‘So there must have been proved to have been an act of such a lewd, obscene or disgusting nature as to amount to an outrage on public decency. It is not necessary to prove that the act in fact disgusted those in whose purview it was committed. It is sufficient if it is calculated so to do. So far as the public nature of the offence is concerned, it must be proved that more than one person must at least have been able to see the act. If one person is proved to have seen the act and others might have seen it taking place, that is enough.’

Citations:

(1990) 91 Cr App R 157

Jurisdiction:

England and Wales

Cited by:

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

Crime

Updated: 11 September 2022; Ref: scu.239594

Underwood and Others, Regina v: CACD 30 Jul 2004

‘These appeals have therefore been listed together to enable this Court to repeat and emphasise general guidance about the procedure to be adopted where the defendant pleads guilty on a factual basis different to that which appears from the Crown’s case, or, indeed, a study of the papers. In short, we are concerned with the process which will achieve the sentence appropriate to reflect the justice of the case where there is plea of guilty, but some important fact or facts relating to the offence which the defendant is admitting, of potential significance to the sentencing decision, are in dispute.’

Judges:

Judge D LCJ L, Douglas Brown J, Bean J

Citations:

[2004] EWCA Crim 2256, [2005] 1 Cr App Rep 13

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Cairns v Regina CACD 16-Apr-2013
Appeals against sentence are mounted on the basis that the Judge has failed to have any, or sufficient, regard to the basis on which a plea of guilty has been entered. Re-statement of approaches. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 11 September 2022; Ref: scu.226778

Regina v O’Sullivan: CACD 1995

Citations:

[1995] 1 Cr App R 455

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Perrin CACD 22-Mar-2002
The defendant had been convicted of publishing obscene articles for gain under the Act. He lived in London, and published a web site which was stored or hosted abroad, containing pornographic items. The investigating officer had called up the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 September 2022; Ref: scu.181237

Regina v Newton: CACD 25 Oct 1996

The defendant had pleaded guilty to a supply of cannabis. He asserted one factual basis, but before the Newton hearing, the judge heard an ex parte application in relation to another matter. The evidence provided to the judge in camera suggested further involvement, and, according to the defendant, poisoned his mind as to the Newton hearing. He appealed the sentence of 9 years imprisonment.
Held: No allegation of bias was properly made out against the judge. The appeal was a hopeless attempt at extension of the rules against bias. Appeal dismissed.

Citations:

[1996] EWCA Crim 1203

Jurisdiction:

England and Wales

Crime

Updated: 11 September 2022; Ref: scu.148867

Turner v Regina: CACD 9 May 2013

The defendant appealed from his conviction of murder. He complained that the judge should not have admitted in evidence material derived from a covert surveillance. The covert surveillance was of the defendant at his family home, and had been authorised by the Chief Constable and the Surveillance Commissioner. He complained that the matters in issue were subject to privilege, and that the prosecution was an abuse. The matters revealed were his investigation after the death of the legal nature of self defence on his computer, and his conversations with his defence lawyers.
Held: ‘The surveillance was lawful. The relevant disclosure took place. The record of incriminating conversations was unchallenged. We understand that there may be extreme cases in which the prosecuting authorities (using the words in a comprehensive way) may interfere so significantly with the legal privilege of a defendant that the very integrity of the administration of justice may be undermined. That, however, did not happen here. Lawful covert surveillance produced damaging evidence against all three defendants. The process worked lawfully: any flaws were minor and short, and inconsequential. There were no grounds to justify a stay.’

Judges:

The Lord Chief Justice of England and Wales

Citations:

[2013] EWCA Crim 642

Links:

Bailii, Gazette

Statutes:

Police and Criminal Evidence Act 1984 78, Police Act 1997, Regulation of Investigatory Powers Act 2000

Jurisdiction:

England and Wales

Criminal Evidence

Updated: 10 September 2022; Ref: scu.510717

Wandsworth Borough Council v South Western Magistrates’ Court, Clear Channel UK Limited: Admn 2 May 2007

The council appealed dismissal of its prosecution of the defendant under the Regulations on the basis that the defendant had deemed consent for the advertisements at issue. A picture which had been painted on the upper half of a house, in 1921, and had been replaced in 200 with a rolling illuminated advert. The prosecutor said that the illumination was a substantial increase in the advert.
Held: The display was unlawful. At the time when the painting was replaced, it had not for many years been employed for the purposes of an advertisement. An illuminated, scrolling advertisement as shown in the photographs before the district judge, which shows in relatively short consequence two different advertisements, is very different from a non-illuminated, static, wall painting, where the paint has been applied to the brickwork direct.

Judges:

Latham LJ, SUllivan J

Citations:

[2007] EWHC 1079 (Admin)

Links:

Bailii

Statutes:

Town and Country Planning (Control of Advertisements) Regulations 1992

Jurisdiction:

England and Wales

Citing:

Cited – Mills and Allen Ltd v City of Glasgow SCS 1980
The sherriff court had not accepted a submission by the Council that an alteration from a painted gable wall advertising Raleigh Bicycles, to a smaller advertisement for Carlsberg Special Brew, painted onto plywood sheets which were nailed to the . .
Cited – Maiden Outdoor Advertising Ltd , Regina (on the Application Of) v Lambeth Admn 9-May-2003
Notices had been issued by the defendant local planning authority under section 11 of the 1995 Act.
Held: The notices had to be quashed for several reasons. The court considered whether there was a deemed consent: ‘It seems to me that, as . .
Lists of cited by and citing cases may be incomplete.

Crime, Media, Planning

Updated: 09 September 2022; Ref: scu.252407

Regina v Egan: CACD 29 Jan 1999

Citations:

[1998] 1 Cr App R 121, [1999] EWCA Crim 188

Jurisdiction:

England and Wales

Cited by:

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

Crime

Updated: 09 September 2022; Ref: scu.156588

TN, Regina v: CANI 1 Apr 2019

Appeal against a jury’s finding pursuant to Article 49A of the Mental Health (Northern Ireland) Order 1986 that he committed 23 historic offences of assault and sexual offences, including rape, common assault, indecent assault on a female and gross indecency with a child, against two of his daughters in the early 1980s.

Judges:

Morgan LCJ, Treacy LJ and Huddleston J

Citations:

[2019] NICA 15

Links:

Bailii

Jurisdiction:

Northern Ireland

Crime

Updated: 09 September 2022; Ref: scu.644080

The Commissioners and Trustees of The Forfeited Estates v Sir Robert Grierson, of Lagg, Bart: HL 30 Mar 1720

Forfeiture – Tailzie – A father executes an entail in favour of his son; the son incurs an irritancy, but before declarator is attainted of treason: the Court of Session found that the estate returned to the father, though there was no declarator of the irritancy, and that the irritancy was not purgeable:- upon appeal, the judgment was found null, the Court not having jurisdiction.
The estate being held by the son upon a base infeftment from the father, the procurators of resignation in the hands of the Crown not having been executed, and an act of parliament having declared, that the estates of vassals attainted were to go to superiors continuing loyal; the Court upon this act adjudged the estate to the father; but their judgment was reversed upon appeal.

Citations:

[1720] UKHL Robertson – 298, (1720) Robertson 298

Links:

Bailii

Jurisdiction:

England and Wales

Land

Updated: 08 September 2022; Ref: scu.553644

The Commissioners and Trustees of The Forfeited Estates v Kenneth Mackenzie of Assint, A Minor, By Colonel Alexander Mackenzie, His Curator: HL 1 Mar 1720

Estates forfeited by vassals were acquired by the trustees for a Papist superior, but were forfeited again by the Papist’s treason.

Citations:

[1720] UKHL Robertson – 280, (1720) Robertson 280

Links:

Bailii

Jurisdiction:

Scotland

Land

Updated: 08 September 2022; Ref: scu.553643

DS and TS, Regina v: CACD 21 Apr 2015

The Court considered the conditions for a stay of criminal proceedings for abuse of process for non-disclosure.

Judges:

Lord Thomas of Cwmgiedd CJ, MacDuff, Jeremy Baker JJ

Citations:

[2015] EWCA Crim 662, [2015] 2 Cr App R 27, [2015] 1 WLR 4905, [2015] WLR(D) 281, [2015] Crim LR 814

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Crime

Updated: 08 September 2022; Ref: scu.549002

H, Regina v: CACD 7 Feb 2011

Appeal against conviction by a man who has been convicted of rape. The essence of this appeal is an assertion that the appellant’s counsel was not permitted to pursue certain lines of cross-examination when cross-examining the victim of the offences.

Citations:

[2011] EWCA Crim 303

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 08 September 2022; Ref: scu.430665

Reynolds, Regina v: CACD 8 Jul 2004

Appeal against conviction of murder on a reference by the Criminal Cases Review Commission under section 69 of the Criminal Appeal Act 1995 on the basis that medical evidence now available indicates that he suffered from Asperger’s Syndrome which may have substantially diminished his responsibility for the killing of the victim within the meaning of section 2 of the Homicide Act 1957.

Citations:

[2004] EWCA Crim 1834

Links:

Bailii

Statutes:

Homicide Act 1957 2

Jurisdiction:

England and Wales

Crime

Updated: 07 September 2022; Ref: scu.270033

Ikram and Another, Regina v: CACD 19 Mar 2008

Appeals from conviction of causing or allowing the death of a child

Judges:

President of the Queen’s Bench Division

Citations:

[2008] EWCA Crim 586, [2008] 2 Cr App R (S) 114, [2008] Crim LR 912, [2008] 2 Cr App Rep 24, [2009] 1 WLR 1419, [2008] 4 All ER 253

Links:

Bailii

Statutes:

Domestic Violence, Crime and Victims Act 2004 5

Jurisdiction:

England and Wales

Crime

Updated: 07 September 2022; Ref: scu.267053

Kamara v Director of Public Prosecutions: HL 1973

The ingredients of the offence of conspiracy are complete once there is agreement between two or more persons. An overt act is not itself an ‘element’ of the conspiracy.
There is a crime of unlawfully assembling in such a manner as to disturb the public peace.

Citations:

[1974] AC 104, [1973] 2 All ER 1242, (1973) 53 Cr App R 880

Jurisdiction:

England and Wales

Cited by:

Cited – Jones and Others v The Commissioner of Police for The Metropolis Admn 6-Nov-2019
Distributed Demonstration not within 1986 Act
The claimants, seeking to demonstrate support for the extinction rebellion movement by demonstrating in London, now challenged an order made under the 1986 Act restricting their right to demonstrate.
Held: The XRAU was not a public assembly at . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 September 2022; Ref: scu.643851