Category: Crime

Crown Prosecution Service v MN: Admn 21 Nov 2005

Application by the Crown Prosecution Service for the appointment of a receiver under section 80 of the Criminal Justice Act 1988 (CJA No 3 of 2000) and in the Family Division hearing ancillary relief proceedings.

Judges:

Munby J

Citations:

[2005] EWHC 2622 (Admin)

Links:

Bailii

Statutes:

Criminal Justice Act 1988

Jurisdiction:

England and Wales

Crime, Family

Updated: 18 July 2022; Ref: scu.271158

Greater Manchester Police, Regina (on the Application of) v City of Salford Magistrates Court: Admn 21 Jul 2008

Sums of money had been found on a raid on factory premises where many illegal workers were found. The company appealed seizure of the money under the 2002 Act.

Judges:

Richards LJ, MacKay J

Citations:

[2008] EWHC 1651 (Admin)

Links:

Bailii

Statutes:

Immigration Act 1971, Proceeds of Crime Act 2002

Jurisdiction:

England and Wales

Crime, Immigration

Updated: 17 July 2022; Ref: scu.270903

Murphy v Media Protection Services Ltd: Admn 16 Jul 2008

The defendant publican appealed against convictions for dishonestly receiving a broadcast programme with intent to avoid payment.

Citations:

[2008] EWHC 1666 (Admin), [2008] FSR 33, [2008] UKCLR 427

Links:

Bailii

Statutes:

Copyright, Design and Patents Act 1988 297(1)

Jurisdiction:

England and Wales

Citing:

See Also – The Football Association Premier League Ltd v QC Leisure and others ChD 18-Jan-2008
The court considered interlocutory applications in an action for copyright infringement alleging the unauthorised broadcast of football matches. . .
Lists of cited by and citing cases may be incomplete.

Crime, Media, Intellectual Property, European

Updated: 17 July 2022; Ref: scu.270848

Maye v The Queen: PC 1 Jul 2008

(Jamaica) The defendant appealed his conviction for murder. He said that he had intervened in a fight between his girlfriend and her brother and that the deceased was killed in self defence. There had been three trials; two of the defendant and two of the girlfriend, but on the occasion of his conviction, her evidence, which supported his, was excluded after his counsel failed to call her thorugh a mistake in law.
Held: The failure to give the good character direction with the mistake in not calling the girlfriend to give evidence meant that the conviction was unsafe.

Judges:

Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood, Lord Mance

Citations:

[2008] UKPC 35

Links:

Bailii

Jurisdiction:

Commonwealth

Citing:

Cited – Director of Public Prosecutions v Walker PC 1974
. .
Cited – Paria v The State PC 15-Apr-2003
PC (Trinidad and Tobago) The defendant appealed his conviction for an unprovoked serious assault after the judge had failed to give a propensity direction. . .
Cited – Kervin Langton v The State PC 15-May-2000
PC (Trinidad and Tobago) The board considered the need for a good character direction. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 17 July 2022; Ref: scu.270800

AD, Regina v: CACD 26 Jul 2019

Renewed application for leave to appeal against sentence for three offences of administering a poison or noxious substance so as to endanger life, contrary to section 23 of the Offences Against the Person Act 1861 (counts 1-3), and for child cruelty, contrary to section 1 (1) of the Children and Young Persons Act 1933 (count 4). The appellant had pleaded guilty to these offences on 23rd December 2016. On each count the judge imposed concurrent extended sentences of 8 years, comprising a custodial term of 5 years and an extension period of 3 years. She also made a restraining order under section 5 of the Protection from Harassment Act 1997 until further order, by which the appellant was:
(1) not to have any unsupervised contact with any child under
the age of 16
(2) not to have any employment either paid or unpaid that
involves bringing her into contact with any child under 16 years.

Citations:

[2019] EWCA Crim 1339

Links:

Bailii

Statutes:

Offences Against the Person Act 1861, Children and Young Persons Act 1933, Protection from Harassment Act 1997 5

Jurisdiction:

England and Wales

Crime

Updated: 17 July 2022; Ref: scu.640082

Alstom Network Uk Ltd, Regina v: CACD 23 Jul 2019

The court was asked ‘Can there be a fair trial of corporate defendant X for conspiracy where its guilt depends on the guilt of individual Y – its directing mind and will (‘DMW’) – in circumstances where Y is neither indicted as a co-conspirator nor otherwise available to give evidence at the trial? ‘

Citations:

[2019] EWCA Crim 1318

Links:

Bailii

Statutes:

Criminal Law Act 1977 1

Jurisdiction:

England and Wales

Crime

Updated: 17 July 2022; Ref: scu.640043

Kadi v Council and Commission: ECJ 3 Sep 2008

(Common foreign and security policy) Grand Chamber – Common foreign and security policy (CFSP) Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP Regulation (EC) No 881/2002 ‘ Measures against persons and entities included in a list drawn up by a body of the United Nations Freezing of funds and economic resources Committee of the Security Council created by paragraph 6 of Resolution 1267 (1999) of the Security Council (Sanctions Committee) Inclusion of those persons and entities in Annex I to Regulation (EC) No 881/2002 Actions for annulment Competence of the Community Joint legal basis of Articles 60 EC, 301 EC and 308 EC Fundamental rights Right to respect for property, right to be heard and right to effective judicial review

Citations:

[2009] 1 AC 1225, [2008] EUECJ C-402/05, [2009] 3 WLR 872

Links:

Bailii

Jurisdiction:

European

Citing:

See Also – Kadi v Council and Commission ECFI 21-Sep-2005
ECJ (Common Foreign and Security Policy) Common foreign and security policy – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – . .
See Also – Kadi v Council and Commission (Common Foreign and Security Policy) ECJ 16-Jan-2008
ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council . .

Cited by:

Cited – Youssef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .
Cited – Wightman and Others v Secretary of State for Exiting the European Union ECJ 10-Dec-2018
Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The . .
Lists of cited by and citing cases may be incomplete.

Crime, International, Banking

Updated: 17 July 2022; Ref: scu.605178

H v The Crown Prosecution Service (CPS): Admn 14 Apr 2010

The Youth Court asked whether a teacher who teaches at a school for children with special needs, including those with behavioural problems, impliedly consents to the use of violence against him. In other words the question continues, should the principles which apply in cases of contact sports be applied to incidents within institutions dealing with those with special needs.

Judges:

Richards LJ, Cranston J

Citations:

[2010] EWHC 1374 (Admin), [2010] 4 All ER 264, [2012] 2 WLR 296, [2012] QB 257

Links:

Bailii

Jurisdiction:

England and Wales

Education, Crime, Torts – Other

Updated: 17 July 2022; Ref: scu.466800

Zarezadeh, Regina v: CACD 1 Mar 2011

The defendant appealed against his conviction saying that the judge’s interventions had rendered his trial unfair.

Citations:

[2011] EWCA Crim 271

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Marchant, Regina v CACD 23-Nov-2018
The defendant appealed his conviction for rape saying that the judge had improperly intervened to prevent him presenting his case properly.
Held: The appeal was dismissed. Although the judge had overstepped the proper boundaries in his . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 17 July 2022; Ref: scu.430283

Lambert and Others, Regina v: CACD 31 Jul 2000

The principal issue is as to the effect of the 1998 Act on statutory provisions, that provide a benefit to a defendant, who is being tried for a criminal offence, but require him to prove certain facts which the statute specifies before he can obtain that benefit.

Judges:

Lord Woolfe LCJ, Rougier, Bell JJ

Citations:

[2000] EWCA Crim 3542, [2000] UKHRR 864, [2001] 1 Cr App R 14, [2002] QB 1112, [2001] 2 WLR 211, [2001] 1 All ER 1014, [2001] HRLR 4

Links:

Bailii

Statutes:

Human Rights Act 1998

Jurisdiction:

England and Wales

Crime, Human Rights

Updated: 17 July 2022; Ref: scu.374451

M v Director Of Public Prosecutions: Admn 26 Feb 2009

Judges:

Leveson LJ, Sweeney J

Citations:

[2009] EWHC 752 (Admin), [2009] 2 Cr App R 12, [2009] Crim LR 658

Links:

Bailii

Statutes:

Criminal Damage Act 1971

Jurisdiction:

England and Wales

Citing:

Cited – Skipaway Ltd v The Environment Agency Admn 5-May-2006
The defendant appealed convictions for breaches of its waste management licence, in that waste had been stored outside the edges of the storage bays. The defendant said that the material had not yet been stored, and that it had been deposited by . .
Lists of cited by and citing cases may be incomplete.

Crime, Criminal Practice

Updated: 17 July 2022; Ref: scu.341173

Bassett, Regina v: CACD 14 May 2008

The defendant could not be convicted of voyeurism under the 2003 Act for having watched a male’s breasts in a situation where that person might have expected privacy.

Judges:

Lord Justice Hughes, Mr Justice Treacy and Sir Peter Cresswell

Citations:

[2008] EWCA Crim 1174, Times 18-Jun-2005

Links:

Bailii

Statutes:

Sexual Offences Act 2003 68(1)(a)

Jurisdiction:

England and Wales

Crime

Updated: 17 July 2022; Ref: scu.270453

Davies v Health and Safety Executive: CACD 18 Dec 2002

The court considered whether the reverse burden of proof in a statute creating offences is compatible with the presumption of innocence enshrined in Article 6(2) of the ECHR. The judge had ruled against a submission that section 40 was not compatible with the presumption of innocence in article 6(1) unless the section was read down so as to impose only an evidential burden on the employer.
Held: The appeal failed. The imposition of a legal burden of proof was justified, necessary and proportionate. Regard had to be had to the fact that the Act’s purpose was both social and economic, to the fact that duty holders were persons who had chosen to engage in work or commercial activity and were in charge of it and that in choosing to operate in a regulated sphere they must be taken to have accepted the regulatory controls that went with it. However: ‘Before any question of reverse onus arises the prosecution must prove that the defendant owes the duty (in the case of section 3 to the person affected by the conduct of his undertaking) and that the safety standard (in the case of section 3 exposure to risk to health or safety) has been breached. Proof of these matters is not a formality. There may be real issues about whether the defendant owes the relevant duty or whether in fact the safety standard has been breached, for example where the cause of an accident is unknown or debatable. But once the prosecution have proved these matters the defence has to be raised and established by the defendant. The defence itself is flexible because it does not restrict the way in which the defendant can show that he has done what is reasonably practicable.’

Judges:

Tuckey LJ, Douglas Brown J, Gordon J

Citations:

[2002] EWCA Crim 2949, [2003] ICR 586, [2003] IRLR 170

Links:

Bailii

Statutes:

Health and Safety at Work Act 1974 40, European Convention on Human Rights 6(2)

Cited by:

Cited – Chargot Limited (T/A Contract Services) and Others, Regina v HL 10-Dec-2008
The victim died on a farm when his dumper truck overturned burying him in its load.
Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of . .
Lists of cited by and citing cases may be incomplete.

Crime, Health and Safety, Human Rights

Updated: 17 July 2022; Ref: scu.270004

Ballard, Regina v: CACD 2 Dec 2004

Appeal from sentence of 11 years detention in a young offender institution for manslaughter.

Citations:

[2004] EWCA Crim 3305, [2005] 2 Cr App Rep (S) 31, [2005] Crim LR 323

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 17 July 2022; Ref: scu.270037

Rockall v Department for Environment, Food and Rural Affairs: Admn 9 May 2008

The defendant appealed by way of case stated against his conviction for having felled more than five cubic metres of wood without a licence. He argued that the summons had been issued out of time.
Held: The request to state a case failed.

Judges:

Ouseley, Underhill JJ

Citations:

[2008] EWHC 1150 (Admin)

Links:

Bailii

Statutes:

Forestry Act 1967 17

Jurisdiction:

England and Wales

Citing:

See Also – Rockall v Department for Environment, Food and Rural Affairs Admn 22-Mar-2007
The defendant appealed against his conviction under the Act, saying that the proceedings had been issued late. The issue was the calculation of the date when proceedings were begun.
Held: There was no justification for reading the wording of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 15 July 2022; Ref: scu.268722

Mote v Regina: CACD 21 Dec 2007

The defendant appealed his convictions for offences relating to the claiming of benefits, saying that he was immune from prosecution as a member of the European Parliament, and that the verdicts were inconsistent with acquittals on other charges.
Held: There had been no abuse of process in prosecuting the defendant whilst he was a member of the European Parliament. The prosecution did not attack any of his privileges. The inconsistencies such as they were could be explained by factual differences between the counts and evidence supporting them. On one count, the appeal was allowed.

Judges:

Lord Phillips of Worth Matravers CJ, Ouseley J, Blake J

Citations:

[2007] EWCA Crim 3131

Links:

Bailii

Statutes:

Theft Act 1968 15A 17(1)(a), Social Security Administration Act 1992 111A(1A), 1965 Protocol on Privileges and Immunities of the European Communities 8 9 10, Indictments Act 1915 5(1)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Cited – Regina, ex parte International Air Transport Association, European Low Fares Airline Association v Department for Transport ECJ 10-Jan-2006
ECJ Carriage by air – Regulation (EC) No 261/2004 – Articles 5, 6 and 7 -Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Validity – . .
Cited – Regina v Mullen CACD 4-Feb-1999
British authorities, in disregard of available extradition procedures, initiated and procured the unlawful deportation of the appellant from Zimbabwe to England. The appellant was charged and tried for conspiracy to cause explosions likely to . .
See Also – 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 . .
Cited – Regina v Johal and Ram 1972
Ashworth J said: ‘The argument for the appellants appeared to involve the proposition that an indictment, in order to be defective, must be one which in law did not charge any offence at all and therefore is bad on the face of it. We do not take . .
Not approved – Cova Products Ltd, Regina v CACD 14-Jan-2005
The court considered the practice on an appeal alleging that the jury had returned inconsistent verdicts.
Held: The court approved a statement from Professor Smith: ‘a better view would be that the conviction is not safe unless the court is . .
Not Approved – Parry v Halton Magistrates’ Court and Another Admn 20-Jun-2005
. .
Lists of cited by and citing cases may be incomplete.

Crime, Benefits, European

Updated: 15 July 2022; Ref: scu.262970

Skipaway Ltd v The Environment Agency: Admn 5 May 2006

The defendant appealed convictions for breaches of its waste management licence, in that waste had been stored outside the edges of the storage bays. The defendant said that the material had not yet been stored, and that it had been deposited by neighbouring farmers and was to be stored properly during the working day.
Held: The appeal failed. ‘There is a surprisingly common misconception that once an appeal by way of case stated is before the court, the parties may refer to evidence, or at least undisputed evidence, that was before the lower court in addition to that set out in the case.
On an appeal by way of case stated, the Court is confined to the facts set out in the case. It is therefore important that the parties ensure that the case includes all those matters that should be before the Court when deciding the issues raised on the appeal. If a party to an appeal considers that the case produced by the lower court omits relevant matters, he should seek to have the case supplemented either by agreement with the other party and the lower court or by application to this Court under section 28(A)(2) of the Supreme Court Act 1981 for an order for the amendment of the case stated. ‘ The waste was not uncontrolled waste only because its source might be local farms: ‘waste from a farm house is household waste rather than agricultural waste. It makes no sense, for example, for a discarded television from a farm house to be agricultural waste when the same waste from a dwelling house nearby is household waste. Nor does it make sense for a house across the road from a farm to be the source of household waste, yet for the same kind of waste from a house at the edge of a farm to be agricultural waste.’

Judges:

Newman J, Stanley Burnton J

Citations:

[2006] EWHC 983 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990 3396), Control of Pollution Act 1974 30, Supreme Court Act 1981 28A(1)

Jurisdiction:

England and Wales

Citing:

Cited – Environment Agency v M E Foley Contractors ltd and Another QBD 18-Jan-2002
The defendant company did not accept that it had accepted special waste at its disposal plant. Instead they claimed to have the appropriate licence or exemption.
Held: The burden of establishing acceptance of special waste was not on the . .
Cited – Regina v Rothschild and RH Tomlinson Ltd CACD 2004
It would be a contravention of a waste management licence requiring controlled waste not to be stored at a height greater that specified, to have a mound greater that that height containing an admixture of controlled and uncontrolled waste. . .
Cited – Environment Agency v Armstrong Environmental Services Ltd Admn 22-Mar-2005
. .
Cited – Kay v Burrows HL 1931
The House considered whether premises (the greater part of which was used for the storage of rags awaiting processing, sorting or subsequent despatch) fell within the proviso to s.3(1) which excluded premises ‘primarily occupied and used [for the] . .
Cited – Kay v Burrows HL 1931
The House considered whether premises (the greater part of which was used for the storage of rags awaiting processing, sorting or subsequent despatch) fell within the proviso to s.3(1) which excluded premises ‘primarily occupied and used [for the] . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .

Cited by:

Cited – M v Director Of Public Prosecutions Admn 26-Feb-2009
. .
Lists of cited by and citing cases may be incomplete.

Crime, Magistrates, Criminal Practice

Updated: 15 July 2022; Ref: scu.241502

F, Regina (on the Application of) v Crown Prosecution Service and Another: Admn 12 Dec 2003

Jackson J said: ‘Save in exceptional circumstances, it is quite inappropriate for this court to step into the shoes of the crown prosecutor and to retake decisions which Parliament has entrusted to the crown prosecutor under the Prosecution of Offences Act 1985.’

Judges:

Jackson J

Citations:

[2003] EWHC 3266 (Admin)

Links:

Bailii

Statutes:

Prosecution of Offences Act 1985

Jurisdiction:

England and Wales

Cited by:

Cited – A, Regina (on the application of) v South Yorkshire Police and Another Admn 9-May-2007
Six youths challenged decisions that they should be prosecuted for offences of criminal damage rather than be given warnings in accordance with the Final Warning Scheme. They said that they had not sought representation at the police station after . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 15 July 2022; Ref: scu.193686

Walden, Regina (on the Application of) v Highbury Corner Magistrates’ Court: Admn 19 Mar 2003

The defendant appealed a decision of the magistrates to adjourn his trial for a breathaliser offence when the Crown Prosecution Service had not warned officers to attend to give evidence. On this application, the CPS filed an acknowledgment, did not attend the hearing or seek to justify its failure to warn the police officers. No excuse was given and no explanation as to why no steps had been taken to warn the relevant witnesses to attend.
Held: The court should be careful not to give the impression to prosecuting authorities that inefficiency which leads to a failure to take steps which ought to have been taken and the absence of which result in an application for an adjournment is something which the courts will tolerate. Mitchell J said: ‘Furthermore, these reasons were given in the absence of any ‘rigorous scrutiny’ of the application. The longer courts tolerate the sort of inefficiency which seems, in each of these cases, to be the explanation for the failure of the witnesses to attend court on the date fixed for the hearing, the longer it will continue. To tolerate it is to encourage it.’

Judges:

Mitchell J

Citations:

[2003] EWHC 708 (Admin)

Links:

Bailii

Statutes:

Road Traffic Act 1988 5

Jurisdiction:

England and Wales

Cited by:

Cited – W, Regina (on the Application of) v Camberwell Youth Court and Another Admn 10-Sep-2004
The defendant sought a Judicial review of the magistrates’ decision to adjourn case at request of prosecutor. The prosecutor had failed to comply with its disclosure obligations, and de-warned its witnesses before the date fixed for trial.
Lists of cited by and citing cases may be incomplete.

Road Traffic, Crime

Updated: 15 July 2022; Ref: scu.185594

Wood v Director of Public Prosecutions: Admn 14 May 2008

The defendant challenged his conviction for obstructing a police officer and threatening behaviour. The officer had taken hold of him to restrain him, not intending to arrest him, but only to establish whether he was a person they were looking for. He then struggled to escape and was arrested.
Held: The appeal succeeded. At the time when he stopped the appellant, the officer had no power of arrest.

Judges:

Lord Justice Latham and Mr Justice Underhill

Citations:

[2008] EWHC 1056 (Admin), Times 14-May-2008

Links:

Bailii

Statutes:

Public Order Act 1986 4, Police and Criminal Evidence Act 1984 24

Jurisdiction:

England and Wales

Citing:

Cited – Ludlow and Others v Burgess 1972
A police officer has no more right to lay hands on someone than any other member of the community. The person so restrained is entitled to use reasonable force to free himself. . .
Cited – Kenlin v Gardner QBD 1967
Two school boys, visiting premises for a lawful purpose, aroused suspicion of police officers on duty in plain clothes. One officer produced his warrant card, stated that they were police officers and asked why they were calling at the houses. The . .

Cited by:

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: 15 July 2022; Ref: scu.267982

JZ (Colombia) v Secretary of State for the Home Department: CA 16 Apr 2008

Renewed application for permission to appeal from AIT confirming decision dismissing his appeal against the Secretary of State’s decision to deport him and his claim on Article 8 grounds. The applicant successfully claimed asylum but was then convicted of importing cocaine and sentenced to ten years’ imprisonment for that very serious offence.

Judges:

Tuckey LJ

Citations:

[2008] EWCA Civ 517

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Crime

Updated: 15 July 2022; Ref: scu.267903

Regina v Banks: CACD 9 Dec 1996

Valuation of drugs in confiscation order.
Applying the 1994 Act, sections 2(3) and 4(1) were directed to gross payments and not net profits.

Judges:

Lord Bingham of Cornhill LCJ, Sachs, Toulson JJ

Citations:

[1996] EWCA Crim 1799, [1997] 2 Cr App R (S) 110, [1997] Crim LR 235

Links:

Bailii

Statutes:

Drug Trafficking Act 1994 5, Drug Trafficking Act 1994 2(3) 4(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Bakewell, Regina v CACD 11-Jan-2006
The defendant faced allegations of evading duty on the importing of substantial quantities of cigarettes. A confiscation order was made. HMRC appealed saying it was too small a sum.
Held: ‘the liability of a smuggler who evades duty which he . .
Cited – Regina v Smith (David Cadnam) HL 13-Dec-2001
Smith had bought a motor vessel, The Vertine, with andpound;55,000 provided by his co-defendant, John Marriott. In the words of the judge when imposing sentence, the respondent allowed himself to be used as Marriott’s ship owner and captain. The . .
Cited – May, Regina v HL 14-May-2008
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 14 July 2022; Ref: scu.267688

Clarke v Regina: CACD 23 Apr 2008

The defendant appealed his conviction for providing immigration services when not qualified to do so.

Citations:

[2008] EWCA Crim 651

Links:

Bailii

Statutes:

Immigration and Asylum Act 1999 91

Jurisdiction:

England and Wales

Citing:

Cited – Woolmington v Director of Public Prosecutions HL 23-May-1935
Golden Thread of British Justice – Proof of Intent
The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired a shotgun to . .
Cited – Regina v Edwards 1975
On a charge of selling intoxicating liquor without a justices’ licence, it is not for the prosecutor to prove that the defendant had no licence but for the defendant to prove that he had. The burden of establishing a statutory exemption by way of a . .
Cited – Regina v Hunt (Richard) HL 1987
The court objected to the insistence on leaving the burden throughout a prosecution on the defendant on the ground that ‘the discharge of an evidential burden proves nothing – it merely raises an issue’. The House emphasised the special nature of . .
Cited – Nimmo v Alexander Cowan and Sons Ltd HL 1967
The employer was prosecuted under the 1961 Act.
Held: the burden of proving that it was not reasonably practicable to make and keep a place of work safe rested upon the defendant employer. If an exception was to be established, it was for the . .
Cited – Grundy and Co Excavations Ltd and Another, Regina (on the Application of) v Halton Division Magistrates Court Admn 24-Feb-2003
A reverse legal burden applied to defendants accused of an offence under section 17 of the Forestry Act 1967 which, in specified circumstances, created an absolute offence of felling a tree without a felling licence. Clarke LJ said: ‘It is thus . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 14 July 2022; Ref: scu.267057

Johnson v Director of Public Prosecutions: Admn 26 Feb 2008

The defendant appealed his conviction for a racially aggravated use of abusive or insulting words or behaviour likely to cause a breach of the peace. The abuse had also an element of aggression because the victim wa a parking attendant.
Held: The appeal failed. The fact that a motive was not the sole motive did not prevent the offence being characterised as racially aggravated under the 1998 Act.

Judges:

Lord Justice Richards and Mrs Justice Swif

Citations:

[2008] EWHC 509 (Admin), Times 09-Apr-2008

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 31, Public Order Act 1986 5

Crime

Updated: 14 July 2022; Ref: scu.267081

Percy, Regina (on the Application of) v Corby Magistrates’ Court: Admn 7 Feb 2008

The claimant sought judicial review of a decision of the magistrates not to issue summonses against two police officers. She had been demonstrating near a US base, but had refused to intervene and allowed a US officer to unlawfully arrest and detain and assault her.
Held: Applying Klahn and Latham, there was clear evidence to justify the issue of a summons: ‘the conduct of the Northampton Magistrates’ Court is open to serious criticism. ‘

Judges:

Moses LJ, Ouseley J

Citations:

[2008] EWHC 607 (Admin)

Links:

Bailii

Statutes:

Criminal Justice and Public Order Act 1994

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 . .
Cited – Latham v Northampton Magistrates’ Court Admn 6-Feb-2008
. .
Lists of cited by and citing cases may be incomplete.

Crime, Police, Magistrates

Updated: 14 July 2022; Ref: scu.266875

Clancy, Regina v: CACD 18 Jan 2012

The defendant appealed against two convictions under the 1988 Act for possession of a bladed article in a public place. She said that whilst riding in a taxi, she had been sexually assaulted. She later collected the knives and went off to find the taxi driver. She had been drinking. She complained of the judge’s direction as to what amounted to a reasonable excuse, saying that the test was not objective as directed, but should take account of her subjective fears.

Judges:

Moore-Bick LJ, Irwin J, Sir Christopher Holland

Citations:

[2012] EWCA Crim 8, [2012] 2 Cr App R 7, [2012] 1 WLR 2536, (2012) 176 JP 111, [2012] Crim LR 548

Links:

Bailii

Statutes:

Criminal Justice Act 1988 139(1), Prevention of Crime Act 1953 1

Jurisdiction:

England and Wales

Crime

Updated: 13 July 2022; Ref: scu.450328

Copsey and Another, Regina v: CACD 16 Jul 2008

The defendants appealed against conviction saying that the judge had improperly intervened to allow the impression that he did not believe them.
Held: The appeals succeeded.

Citations:

[2008] EWCA Crim 2043

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Marchant, Regina v CACD 23-Nov-2018
The defendant appealed his conviction for rape saying that the judge had improperly intervened to prevent him presenting his case properly.
Held: The appeal was dismissed. Although the judge had overstepped the proper boundaries in his . .
Lists of cited by and citing cases may be incomplete.

Crime, Company

Updated: 13 July 2022; Ref: scu.276947

JT v Regina: CACD 12 Feb 2008

The defendant appealed against convictions for rape and perverting the course of justice. There had been a history between the parties of false allegations and of acting out rape fantasies.

Judges:

Pill, Pitchford, Walker LJJ

Citations:

[2008] EWCA Crim 183

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Ludlow v Metropolitan Police Commissioner HL 1971
Two offences can constitute a series of offences, but there has to be some nexus between the offences. Lord Pearson said: ‘In my opinion, however, it is important to notice that there has to be a series of offences of a similar character. For this . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 13 July 2022; Ref: scu.264512

Gore (Deceased), Regina v: CACD 4 Jul 2007

The accused had pleaded guilty to infanticide despite advice by her lawyers that she may have had a good defence. She had subsequently died of cancer. Evidence now suggested that she may not have been fit to plead, and the Criminal Cases Review Commission referred the case, saying that a conviction for infanticide could only lie if in addition to the elements within the section, all the elements of murder were also present.
Held: The appeal failed: ‘The mens rea for the offence of infanticide is contained . . explicitly in the first few words of section 1(1), namely the prosecution must prove that the defendant acted or omitted to act wilfully. There is no reference to any intention to kill or cause serious bodily harm . . It is from the word ‘wilful’ that one derives the necessary mens rea for the offence of infanticide. As to the meaning of the phrase ‘notwithstanding that the circumstances were such that but for this Act the offence would have amounted to murder’, to suggest as the CCRC and Mr Webster suggested that this means ‘notwithstanding and provided that’ is to strain the English language. We take the word ‘notwithstanding’ to mean what the Oxford English dictionary says that it means when used as a preposition. It means ‘despite the fact’ or ‘even if’. It does not mean ‘provided that’.’

Judges:

Hallett LJ, Silber, Wilkie JJ

Citations:

[2007] EWCA Crim 2789

Links:

Bailii

Statutes:

Infanticide Act 1938 1(1)

Crime

Updated: 13 July 2022; Ref: scu.264504