Category: Crime

Walls, Regina v: CACD 3 Mar 2011

The court was asked whether, after the appellant had been tried and convicted at the Crown Court in Coventry on 26 November 2008 of offences of sexual assault on a child under 13, the court should admit under s.23 of the Criminal Appeal Act 1968 fresh evidence that he was unfit to plead at the trial. The issue involved consideration of whether the appellant’s accepted low IQ and hearing disability amounted to unfitness to plead within the Pritchard criteria.
Held: Referring to the jury directions in John M, the court said they were: ‘careful directions . . elucidating the test in a case where the issue was determined by the jury’.

Judges:

homas LJ, MacDuff, Macur DBE JJ

Citations:

[2011] EWCA Crim 443, [2011] 2 Cr App Rep 6

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Orr, Regina v CACD 7-Jul-2016
The court considered whether the trial court had correctly identified the test for fitness to plead.
Held: The appeal was allowed: ‘Once the issue of fitness to plead has been raised it must be determined. In this case, the judge explicitly . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 September 2022; Ref: scu.432781

Secretary of State for The Foreign Office and Commonwealth Affairs v Maftah: CA 13 Apr 2011

The Secretary of State appealed against an order granting judicial review of his decision to place the claimants on a list of those associated with terrorist organisations. They had been placed on the list without being given opportunity to make representations, thus, they said, infringing their human rights.
Held: The appeal was allowed.
Sedley LJ said: ‘A public law challenge in England and Wales does not depend on the existence and invasion of a positive right, though it may well involve these: it depends only on the claimant’s having a sufficient interest in an arguable abuse of power. This both claimants clearly have. But while their Convention rights will, if they succeed, be vindicated, the challenge to the state’s acts does not turn on this. It turns on the propriety of the acts and omissions which have brought about the interference with their interests and rights.’

Judges:

Sedley LJ

Citations:

[2011] EWCA Civ 350, [2012] 2 WLR 251, [2012] QB 477

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Cited by:

Cited – King, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 06 September 2022; Ref: scu.432727

Regina v Griffiths (Susan Lindsey); Regina v Griffiths (James): CACD 29 Aug 2001

Where the spouse of a defendant was a joint owner of the matrimonial home, and he or she was also implicated in criminality, a court sentencing a drug dealer exceptionally could make a compensation order even, when combined in effect with a confiscation order, the sale of the matrimonial home would be required.

Judges:

Lord Justice Buxton, Mr Justice Collins and Mrs Justice Hallett

Citations:

Times 17-Oct-2001

Jurisdiction:

England and Wales

Crime

Updated: 06 September 2022; Ref: scu.166595

Regina v Doring: CACD 24 Jun 2002

The defendant was charged with acting as a company director whilst being an undischarged bankrupt, and also of being involved in the management of a company using a prohibited name. She said that she had not known that the part she took in the company amounted to acting as a director. The judge directed the jury that they were strict liability offences, they need not ask if she acted dishonestly but whether they objectively amounted to involvement in the management of the company.
Held: The judge was correct and the defendant’s belief and honesty was not relevant.

Judges:

Lord Justice Buxton, Mr Justice Grigson and Mr Justice Pitchford

Citations:

Times 27-Jun-2002, Gazette 28-Aug-2002

Statutes:

Company Directors Disqualification Act 1986 11, Insolvency Act 1986 216(3)(a) 216(3)(b) 216(3)(c)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Brockley CACD 25-Nov-1993
The offence of acting as a company director whilst being an undischarged bankrupt is an absolute offence. . .
Lists of cited by and citing cases may be incomplete.

Company, Crime

Updated: 06 September 2022; Ref: scu.174086

Regina v Manning: CACD 23 Jul 1998

The accused dishonestly falsified a number of insurance cover notes which were said to be documents required for an accounting purpose, namely, those of the persons who had sought cover and to whom the cover notes were forwarded. The accused ran his own maritime insurance business, obtaining instructions from a number of clients to place insurance on ships which was effected through brokers. The allegation was that, although he obtained the relevant premiums, the cover was either not placed or only partially placed so that he issued false cover notes to his clients. Those cover notes set out the assured and the insurer, the period and the interest covered and included also the rate to be paid and the dates which premiums were thereafter to be paid. There was no evidence called by the Crown to explain the actual use made of the notes by the clients, but the matter was left to the jury by the judge as a question of fact. the Court had ‘no doubt that the cover notes would play a role in the account process of [the] clients’, but the question was whether the jury was entitled to reach that conclusion on the evidence. His Lordship then, after referring to certain authorities including Sundhers over which he had presided, then contrasted the circumstances in the present case and expressed the Court’s conclusions in these terms: ‘The cover note is a very different sort of document from a claim form. As we have said it clearly sets out what the client has to pay and how he has to pay it. Although we have not found the issue an easy one, and regard it as being close to the borderline, we think on balance that it would be open in this case to a reasonable juror to conclude, simply by looking at the document that it was required for an accounting purpose, in that it sets out what the client owes.’ The last act or terminatory theory of jurisdiction was the common law of England and Wales.

Judges:

Buxton LJ

Citations:

Times 23-Jul-1998, [1999] QB 980

Statutes:

Theft Act 1968 17(1)(a)

Jurisdiction:

England and Wales

Citing:

Approved – 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 . .

Cited by:

Cited – Regina v Smith (Wallace Duncan) (No 3) CACD 28-Nov-2002
The appellant was supported in his appeal by the Criminal Cases Review Commission. In addition the appellant sought to permission raise other grounds of appeal. The prosecution asserted that the court could filter the grounds of appeal already . .
Cited – Purdy, Regina (on the Application of) v Director of Public Prosecutions HL 30-Jul-2009
Need for Certainty in Scope of Offence
The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 September 2022; Ref: scu.183179

Regina v McGrath: CACD 30 Jun 2003

The defendant was accused of burglary. On discovery by the householder, he resisted detention. The magistrates took that as violence in the course of the burglary, and sent the case to the Crown Court.
Held: The force used by the occupier was lawful, and the resistance was part and parcel of the burglary for the purposes of paragraph 28(c), and matters of scale and degree had no place in this assessment.

Judges:

Laws LJ, Mitting, Rivlin QC JJ

Citations:

Times 24-Jul-2003

Statutes:

Magistrates Courts Act 1980 S1p28(c)

Jurisdiction:

England and Wales

Crime

Updated: 06 September 2022; Ref: scu.185201

Regina v M and Others: SC 3 Aug 2017

The defendants pursued an interlocutory appeal. They were being prosecuted inter alia for the sale of items manufactured elsewhere under trade mark licence, but then imported within the EU. They argued that the criminal offence did not apply since the marks had been correctly applied, even though the sales were not authorised.
Held: The appellants’ reading of the section was strained and unnatural: ‘ It requires one to read ‘sign’ in (a), which is incorporated into (b), as ‘which bears a sign, so applied’, or at least as ‘such a sign, so applied’.’ The wording was not ambiguous.
‘it is, on any view, unlawful for a person in the position of the defendants to put grey goods on the market just as it is to put fake ones there. Both may involve deception of the buying public; the grey market goods may be such because they are defective. The distinction between the two categories is by no means cut and dried. But both are, in any event, clear infringements of the rights of the trade mark proprietor. Defendants who set out to buy up grey market goods to make a profit on re-sale do so because the object is to cash in on someone else’s trade mark. If such be proved, they have scant claim to a beneficent construction of the Act. As it is, its ordinary reading plainly means that, unless they have the statutory defence, they have committed an offence.’

Judges:

Lord Neuberger, President, Lord Mance, Lord Sumption, Lord Hughes, Lord Hodge

Citations:

[2017] UKSC 58, UKSC 2017/0006

Links:

Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC 20170619 am Video

Statutes:

Trade Marks Act 1994 92(1)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Johnstone HL 22-May-2003
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act . .
Appeal from – Regina v C and Others CACD 1-Nov-2016
The court considered the existence of criminal liability under the 1994 Act for those importing from outside the EU and selling within the EU items marked with trade marks but not manufactured by them (counterfeits) or licensed by the trade mark . .
Lists of cited by and citing cases may be incomplete.

Crime, Intellectual Property

Updated: 04 September 2022; Ref: scu.591360

Regina v C and Others: CACD 1 Nov 2016

The court considered the existence of criminal liability under the 1994 Act for those importing from outside the EU and selling within the EU items marked with trade marks but not manufactured by them (counterfeits) or licensed by the trade mark holders, but not for import to the EU.
Held: The defendants objections were suggestions flatly contradicting the wording of the Act, and were rejected.

Judges:

Davis LJ, Birss J, Judge Rook QC

Citations:

[2016] EWCA Crim 1617, [2016] WLR(D) 567

Links:

Bailii, WLRD

Statutes:

Trade Marks Act 1994 92(1)(b)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Johnstone HL 22-May-2003
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act . .

Cited by:

Appeal from – Regina v M and Others SC 3-Aug-2017
The defendants pursued an interlocutory appeal. They were being prosecuted inter alia for the sale of items manufactured elsewhere under trade mark licence, but then imported within the EU. They argued that the criminal offence did not apply since . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 September 2022; Ref: scu.570790

Rakib, Regina v: CACD 1 Apr 2011

Appeal from conviction, sentence (three year supervision requirement and a programme requirement to attend sex offending assessment, psychological testing and treatment, with the appropriate notification requirements) and costs of exposing his genitals intending that someone would see them and be caused alarm or distress.

Citations:

[2011] EWCA Crim 870, [2012] 1 Cr App R (S) 1, [2011] Crim LR 570

Links:

Bailii

Statutes:

Sexual Offences Act 2003 66(1)

Jurisdiction:

England and Wales

Crime

Updated: 04 September 2022; Ref: scu.431638

Idrees v Director of Public Prosecutions: Admn 15 Feb 2011

The defendant appealed against a rejection of his submission of no case to answer on a charge under the 2006 Act where somebody had taken a driving test in his name.
Held: The evidence was ample to justify the magistrates’ conclusion. It was so clear that a case might have been refused.

Judges:

Moses LJ

Citations:

[2011] EWHC 624 (Admin)

Links:

Bailii

Statutes:

Fraud Act 2006

Crime, Road Traffic

Updated: 04 September 2022; Ref: scu.431264

The Mayor of London (Greater London Authority) v Haw and Others: QBD 17 Mar 2011

The mayor sought an order to prevent the defendant continuing his protest from a pavement outside Parliament. Agreement had been reached as to the limits of the demonstration. It was said that those limits had been exceeded.

Judges:

Wyn Williams J

Citations:

[2011] EWHC 585 (QB)

Links:

Bailii

Statutes:

Serious Organised Crime and Police Act 2005 138

Jurisdiction:

England and Wales

Crime

Updated: 04 September 2022; Ref: scu.430658

IB v Regina: CACD 9 Dec 2009

Interlocutory appeal raising a jurisdictional issue connected with the relatively new ‘cartel’ offence created by section 188 Enterprise Act 2002.

Judges:

Hughes LJ, David Clarke J, Morris QC J

Citations:

[2009] EWCA Crim 2575, [2010] Lloyd’s Rep FC 206, [2010] UKCLR 1, [2010] 1 Cr App R 16, [2010] Bus LR 748, [2010] 2 All ER 728, [2010] 1 Cr App Rep 16, [2010] Crim LR 494

Links:

Bailii

Statutes:

Enterprise Act 2002 188, Council Regulation (EC) No 1/2003

Jurisdiction:

England and Wales

Crime, European

Updated: 04 September 2022; Ref: scu.383795

Regina v Rowland: CACD 12 Dec 2003

The appellant had been convicted of murder. He sought to have substituted a conviction for manslaughter following Smith, and in the light of evidence as to his mental characteristics.
Held: ‘in the context of the law of provocation, the reasonable man is now to be regarded as an archetype best left lurking in the statutory undergrowth, lest his emergence should lead the jury down a false trail of reasoning en route to their verdict.’ The appeal was allowed given the evidence of clinical depression, and the new view of the law.

Judges:

Lord Justice Potter Mr Justice Cresswell Mr Justice Davis

Citations:

[2003] EWCA Crim 3636, Times 12-Jan-2004

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Applied – Regina v Smith (Morgan James) HL 27-Jul-2000
The defendant had sought to rely upon the defence of provocation. He had suffered serious clinical depression.
Held: When directing a jury on the law of provocation, it was no longer appropriate to direct the jury to disregard any particular . .
Cited – Regina (Director of Public Prosecutions) v Camplin HL 1978
The court considered the direction to be given as to the existence of provocation so as to reduce a charge of murder to one of manslaughter. The reasonable man in the definition should be one with the defendant’s mental condition. ‘The judge should . .
Cited – Regina v Morhall HL 21-Jul-1995
The defendant was a glue sniffer. He had been taunted, and eventually attacked one of those villifying him. The judge excluded from the jury that the characteristics he suffered as a glue sniffer which might affect his response to provocation.
Cited – Weller, Regina v CACD 26-Mar-2003
The defendant appealed against his conviction for murder, saying that provocation should have been found. The issue was whether or not, in the course of his summing-up, the trial judge should have left, and if so whether he had left, to the jury the . .
Applied – 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 . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 September 2022; Ref: scu.188710

Regina v King: CACD 25 May 1999

Citations:

[1999] EWCA Crim 1529, [2000] Crim LR 835

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Foster CACD 10-Feb-2003
On a reference by the Criminal Cases Review Commission, the appellant appealed his conviction for a murder in 1985. The appellant said he was suggestible, with an IQ of 72 and a mental age of 10, and that the confessions he made should not have been . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 September 2022; Ref: scu.157929

Jones and Another, Regina v: CACD 30 Sep 2019

The court considered the status of evidence given by a counsellor as to her consultations with the victim, and as to whether it counted as expert or opinion evidence.
Held: A counsellor’s evidence should in general be limited to the facts of the consultation as to the dates given for alleged offences. In giving that evidence, the counsellor should use objective language and avoid making subjective comment or statements of personal opinion.

Judges:

Coulson LJ, Cheema-Grubb J, Judge Michael Chambers QC

Citations:

[2019] EWCA Crim 1570, [2019] WLR(D) 666, [2020] 4 WLR 26, [2020] 1 Cr App R 7

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Cited – C v Regina CACD 6-Jul-2012
The issue in this appeal relates to the admission of evidence of witnesses, identified in her directions by the judge as expert witnesses, who gave evidence as to the impression they had formed as to the truth of complaints made to them by an . .
Cited – Regina v Venn CACD 1-Feb-2003
The defendant appealed convictions for sexual assault against four young girls.
Held: The admissibility of ‘similar fact’ evidence depends upon the degree of its relevance. If only suggests propensity it is inadmissible. If it goes further and . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 03 September 2022; Ref: scu.645445

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 judge should have given directions as to the meaning of ‘substantially’ in the context of his acknowledged impairment.
Held: The appeal failed. Ordinarily the word substantial is sued to mean either (1) ‘present rather than illusory or fanciful, thus having some substance’, or (2) ‘important or weighty’. In this context of diminished responsibility, the authorities established that term ‘substantially’ was always be used in the second of the two possible meanings. This usage also accorded with the principle that there must be a weighty reason for a reduction from murder to the lesser
offence of manslaughter. Mere non-triviality was not enough.
‘There is no basis for thinking that when the same expression was carried forward into the new formulation of diminished responsibility any change of sense was intended. The adverb ‘substantially’ is applied now, as before, to the verb ‘impaired’. In the absence of any indication to the contrary, Parliament is to be taken to have adopted the established sense in which this word has been used for 50 years.’

Judges:

Lord Neuberger, President, Lady Hale, Deputy President, Lord Kerr, Lord Reed, Lord Hughes, Lord Toulson, Lord Thomas

Citations:

[2016] UKSC 61, [2016] WLR(D) 636, UKSC 2015/0053

Links:

Bailii, WLRD, Bailii Summary, SC, SC Summary

Statutes:

Homicide Act 1957 8, Coroners and Justice Act 2009

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Ramchurn CACD 2-Feb-2010
The defendant had planned and executed the killing of his wife’s lover, a cousin, having given him a home. He threatened that he would kill him, and prepared to do so, trying to get keys to gain access to the victim’s home, and when that failed . .
Appeal from – 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 – 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 . .
Cited – HM Advocate v Savage HCJ 21-May-1923
The Court considered whether a borderline insanity was an impairment for the purposes of homicide. . .
Cited – Regina v Spriggs CCA 1958
The court considered the then conventional formulations employed in Scotland in relation to the level of impairment, which included (but were not confined to) references to the borderline of insanity . .
Cited – Scarsbrook or Galbraith v Her Majesty’s Advocate (No.2) HCJ 21-Jun-2001
The court considered the defence of diminished responsibility to a charge of murder.
Held: Lord Rodger of Earlsferry: ‘It is, of course, impossible to attempt to describe the ambit of the doctrine of diminished responsibility without even . .
Cited – Regina v Byrne CCA 1960
The defendant was a sexual psychopath who had strangled and mutilated a young woman resident of the YWCA. The case on his behalf was that he was unable to resist his impulse to gross and sadistic sexual violence. The judge’s directions had amounted . .
Cited – Regina v Matheson CCA 1958
The defendant raised a defence of dimished responsibility under the 1957 Act to a charge of murder. Three doctors called for the defence at the trial had stated that the defendant was suffering from an abnormality of mind due to arrested or retarded . .
Cited – Regina v Simcox CCA 25-Feb-1964
A man who had previously murdered his second wife and had now sought out his third wife, with whom he was in dispute, taking with him a rifle with which he shot her sister when it was her whom he encountered. Some four psychiatrists agreed that he . .
Cited – Regina v Lloyd CCA 1967
The defendant had killed his wife. There was evidence that from time to time he had suffered recurrent episodes of reactive depression. Two psychiatrists gave evidence that this was a mental abnormality which to some extent impaired his mental . .
Cited – Regina v Seers CACD 1984
Assessing Degree of Impairment
The court considered whether the defendant’s depression could amount to an impairment.
Griffiths LJ said: ‘It is to be remembered that in Byrne . . all the doctors agreed that Byrne could be described as partially insane; he was a sexual . .
Cited – Regina v Gittens CACD 1984
Lord Lane set out the directions to be given to a jury on the defence of diminished responsibility: ‘Where a defendant suffers from an abnormality of mind arising from arrested or retarded development or inherent causes or induced by disease or . .
Cited – Regina v Egan CACD 1992
The court considered the appropriate directions to a jury in diminished responsibility defence to murder charge.
Watkins LJ said: ‘In R v Lloyd . . directions as to the word ‘substantial’, to the effect that (1) the jury should approach the . .
Cited – Regina v Ramchurn CACD 2-Feb-2010
The defendant had planned and executed the killing of his wife’s lover, a cousin, having given him a home. He threatened that he would kill him, and prepared to do so, trying to get keys to gain access to the victim’s home, and when that failed . .
Cited – Regina v Dietschmann HL 27-Feb-2003
Voluntary drunkenness No Diminished Responsibility
The defendant had been convicted of murder. At the time of the assault, he was both intoxicated to the point of losing his inhibitions and was also suffering an abnormality of mind sufficient substantially to reduce his mental responsibility.
Cited – Brutus v Cozens HL 19-Jul-1972
The House was asked whether the conduct of the defendant at a tennis match at Wimbledon amounted to using ‘insulting words or behaviour’ whereby a breach of the peace was likely to be occasioned contrary to section 5. He went onto court 2, blew a . .
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 September 2022; Ref: scu.571946

Guraj, Regina v: CACD 6 Mar 2015

The defendant appealed against a confiscation order made on his plea to charges of possession of drugs with intent to supply. The Crown had served its statement under section 16 of the 2002 Act, but it was 14 months’ late.

Judges:

Jackson LJ, Mitting, Jay JJ

Citations:

[2015] EWCA Crim 305, [2015] 1 WLR 4149, [2015] 2 Cr App R (S) 21, [2015] WLR(D) 143

Links:

Bailii, WLRD

Statutes:

Proceeds of Crime Act 2002 14(5) 15(2), Misuse of Drugs Act 1971

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Knights and Another HL 21-Jul-2005
The defendants had been convicted of offences involving dealing with goods on which customs duty had not been paid. After conviction a timetable was set for sentencing and for confiscation proceedings. The House considered the making of the . .

Cited by:

Appeal from – Guraj, Regina v SC 14-Dec-2016
The defendant had pleaded to charges of possession of drugs with intent to supply. He was sentenced, but then the prosecutor was 14 months’ late serving its notice with regard to the confiscation order under section 16. The crown now appealed . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 03 September 2022; Ref: scu.544227

Regina v Newland: CACD 1987

The appellant, a woman of gypsy descent had been fined for breach of a planning enforcement order. The crown court judge had concluded cursorily that her planning appeal was hopeless and simply designed to frustrate the local authority. By the time the matter reached the appellate court the appeal had been decided in her favour.
Held: The appeal succeeded. The judge had been wrong not to grant the application for an adjournment pending the inspector’s decision, which could have realistically been expected to be handed down within a matter of weeks. The fine imposed was in any event grossly excessive and a much lower amount was substituted.

Citations:

(1987) 54 PCR 222, [1987] JPL 851

Jurisdiction:

England and Wales

Cited by:

Cited – Broxbourne Borough Council v Robb and Others QBD 27-Jun-2011
The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land.
Held: The application . .
Lists of cited by and citing cases may be incomplete.

Planning, Crime

Updated: 03 September 2022; Ref: scu.441230

T, Regina v: CACD 17 Oct 2008

Application for permission to appeal against a conviction on ten counts of rape and six counts of indecent assault against this applicant.
Held: Dismissed.

Judges:

Moses LJ, Tugendhat J, Gilbert QC HHJ

Citations:

[2008] EWCA Crim 3229

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – S and Others v Regina CACD 28-Jun-2012
Four defendants appealed against convictions for child sex abuse. The convictions had taken place at a time when current guidance to examining physicians did not apply. In each case the defendants consented to new evidence from the prosecution.
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 September 2022; Ref: scu.440363

Regina v Grout: CACD 1 Mar 2011

The defendant appealed against conviction of intentionally causing a child under the age of 13 to engage in sexual activity.
Held: The conviction was quashed. The evidence did not establish one of the essential elements for a conviction.

Citations:

[2011] EWCA Crim 299

Links:

Bailii

Statutes:

Sexual Offences Act 2003

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Courtie HL 1984
The House considered how to frame an indictment in a case of buggery where the prescribed punishment differed depending on the particular factual ingredients.
Held: Lord Diplock said: ‘Where it is provided by a statute that an accused person’s . .
Cited – Regina v H 2005
. .
Cited – Regina v Head 2008
The causing or inciting required as part of an offence under section 8(1) must be intentional, ie. deliberate; recklessness or less will not do. . .
Cited – Regina v Walker (Simon John) CACD 2006
Section 8(1) of the SOA creates two basic offences. In the first case a defendant must intentionally cause a child (B) to engage in ‘sexual activity’. In the second a defendant must intentionally incite a child (B) to engage in ‘sexual activity’. In . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 September 2022; Ref: scu.430282

BB, Regina (on The Application of) v Special Immigration Appeals Commission and Another: Admn 25 Feb 2011

The court was asked as to bail proceedings in the context of appeals to the Special Immigration Appeals Commission.

Citations:

[2011] EWHC 336 (Admin)

Links:

Bailii

Statutes:

Special Immigration Appeals Commission Act 1997

Crime, Human Rights

Updated: 03 September 2022; Ref: scu.430082

The Director of Public Prosecutions v Bailey: PC 15 Dec 1993

Court of Appeal of Jamaica – A lawfully armed Jamaican policeman fell into confrontation with two others. During the confrontation he shot one of them and claimed he did so in self-defence.
Held: In those circumstances it was clear that self-defence should have been left for consideration by the jury. As to evidence of self defence: ‘if there is such evidence, the issue must be left to the jury, whether it is relied on by the defence or not’

Judges:

Templeman, Ackner, Mustill, Slynn, Woold LL

Citations:

[1993] UKPC 46, [1995] 1 Cr App R 257

Links:

Bailii

Jurisdiction:

Commonwealth

Cited by:

Distinguished – Oscar, Regina v CACD 16-Jun-1998
The defendant appealed against his conviction for unlawful wounding and possession of an offensive weapon, an axe. He had returned to the scene of an argument, taking with him an axe. He said that, in the course of a struggle, the axe had fallen . .
Cited – Skelton, Regina (on The Application of) v Winchester Crown Court Admn 5-Dec-2017
The Court was asked whether the Crown Court could properly refuse to state a case for the opinion of the divisional court, having convicted a defendant, on her appeal from the magistrates’ court, of an offence of common assault. She was evicted from . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 02 September 2022; Ref: scu.429793

Alagaratnam v Regina: CACD 5 Jul 2010

The defendant appealed against his conviction for robbery. He said that the court should not have allowed a confession to be put before the jury. He said that the police officers had misrepresented the statement of a co-accused and had behaved in an overbearing and oppressive manner.
Held: The appeal failed. The officer had not been shown at trial to have misled the defendant. Any differences were not significant. He had the support of a solicitor and of his aunt during the interviews. He had taken the opportunity to make several alterations to the manuscript record of the interview. It had not been shown that the confession was obtained under undue pressure.

Judges:

Stanley Burnton LJ, Donns J, Pert QC J

Citations:

[2010] EWCA Crim 1506

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 76 78

Jurisdiction:

England and Wales

Crime

Updated: 02 September 2022; Ref: scu.420216