Category: Crime

Prince, Regina v: CACD 17 Nov 2005

The defendant’s appeal against conviction for rape was allowed after a referral by the Criminal Caes Review Commission. The core issue in the trial had been the complainant’s credibility, having previously made a false allegation of rape against someone else. After the trial she had made an application for compensation to the Criminal Injuries Compensation Authority, but that application made allegations inconsistent with her evidence at trial.
Held: The statement significantly furter damaged the complanant’s already damaged crebility and past the point where her evidence could found a safe conviction.

Judges:

Sir Igor Judge P QBD, Elias, Ouseley JJ

Citations:

[2005] EWCA Crim 2910

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 04 July 2022; Ref: scu.235022

Testouri, Regina v: CACD 2 Dec 2003

The appellant challenged his conviction for conspiracy, saying that where only two parties were alleged to have been involved, differing verdicts could not be returned.
Held: The appeal was allowed. ‘In any case where what is alleged is a conspiracy to defraud, in which only two defendants are alleged to have participated, the judge should ask himself two questions. First: whether there is evidence of conspiracy to defraud? That means there must be evidence of an agreement to achieve a criminal purpose. If there is no evidence of that because, for example, on one view of the evidence only one defendant can be shown to have been dishonest then, if that view of the evidence is taken, both defendants must be acquitted and the jury must be so directed . . Secondly: whether there is any evidence admissible against only one defendant? If that evidence is or could be critical, in that without it that defendant cannot be shown to have been a party to the conspiracy alleged, then it will be necessary to explain to the jury how they may reach the conclusion that although the case is proved against that defendant, it is not proved against the defendant in relation to whom the evidence may not be admissible. Where there is no such evidence the jury must be told that it is not open to them to return different verdicts in relation to two defendants. ‘

Judges:

Kennedy LJ, Curtis J, Forbes J

Citations:

[2003] EWCA Crim 3735

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Rex v Blake and Tye 1844
Admissibility of admissions against co-conspirators. . .
Cited – Regina v Longman and Cribben CACD 1981
The court considered the situation applying where a case alleging conspiracy proceeded differently against two defendants. Lord Lane CJ said: ‘Where at the close of the prosecution case the evidence against one of the defendants is such that it . .
Cited – Regina v Roberts CACD 1987
The court considered the situation which arose when the cases against two defendants charged with conspiracy diverged.
Held: ‘Our reading of the relevant passage in the judgment of Longman’s case really comes to this. When a judge has to sum . .
Cited – Regina v Ashton CACD 1992
The court held that the learned judge had been wrong in directing the jury that it was a situation in which they must return the same verdict in relation to each of the co-accused where they were charged with a conspiracy. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 July 2022; Ref: scu.234966

Timmins, Regina v: CACD 15 Nov 2005

The defendant appealed conviction for indecent assault. The charge alleged assault by intercourse per vaginam with a 13 year old girl. He had been 14 years old at the time. The verdict indicated consent by the complainant.
Held: The appeal failed. The 2003 Act was not retrospective. However: ‘to hold that the express intention of Parliament in 1967 as to alternative verdicts should be thwarted by an express intention of Parliament in 1956 concerning the commencement of proceedings for a different offence than the one the subject of the alternative verdict would be quite wrong . . . the learned trial judge was right to rule as he did. Neither the speeches in J nor the words of Schedule 10 compel a conclusion that he was not. ‘

Judges:

Keene LJ, Hallett J, Calvert-Smith J

Citations:

Times 29-Nov-2005, [2005] EWCA Crim 2909

Links:

Bailii

Statutes:

Sexual Offences Act 1956 14(1), Sexual Offences Act 2003

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Hinton CACD 1995
The defendant had pleaded guilty to indecent assault on his 15 year old stepdaughter. The reason for the charge being under section 14 was that the time limit for prosecution under section 6 had expired. The sentence exceeded the maximum for the . .
Cited – Regina v McCormack CACD 1969
The defendant was charged with unlawful sexual intercourse and it was held to have been correct to leave to the jury as an alternative verdict a verdict of indecent assault. It was held as ‘plain beyond argument’ that if a man inserted his finger . .
Cited – Regina v Hodgson CACD 1973
An alternative verdict of indecent assault is available on a charge of rape. . .
Cited – Regina v Figg CACD 2003
The defendant had been convicted of indecent assault on facts which would have led to his prosecution for unlawful sexual intercourse if the time limit for that offence had not expired. The court considered the proper basis for sentence. . .
Cited – Regina v J HL 14-Oct-2004
The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same . .
Cited – Regina v Cotton 1896
The Act provided that on a trial for rape the jury, if not satisfied that the defendant was guilty of rape but satisfied that he was guilty of having intercourse with a girl aged between 13 and 16, contrary to section 5(1) of the Act, might convict . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 July 2022; Ref: scu.234964

Rogers, Regina v: CACD 10 Nov 2005

The defendant appealed his conviction for racially aggravated abusive or insulting words or behaviour with intent to cause fear or to provoke violence. He was driving his motorised scooter and came across three Spanish women. In the course of an altercation he called them ‘bloody foreigners’ and told them to get back to their own country.
Held: His appeal failed: ‘Hostility demonstrated to foreigners because they are foreign can be just as objectionable as hostility based on a more limited racial characteristic. All who are black form a racial group, defined by reference to colour, within section 28(4), as do all who are white. This demonstrates the width of the concept of racial group in this context. It is no great extension of the concept to embrace within a single racial group all who are foreign. ‘ However: ‘The very width of the meaning of racial group for the purposes of section 28(4) gives rise to a danger that charges of aggravated offences may be brought where vulgar abuse has included racial epithets that did not, when all the relevant circumstances are considered, indicate hostility to the race in question. Section 28 is designed to address racist behaviour and prosecutors should not bring charges based on its provisions unless satisfied that the facts truly suggest that the offence charged was aggravated by racism. ‘

Judges:

Rafferty J, Mackay J

Citations:

Times 22-Nov-2005, [2005] EWCA Crim 2863

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 31(1)(a), Public Order Act 1986 4

Jurisdiction:

England and Wales

Citing:

Cited – Regina v White CACD 14-Feb-2001
The court asked whether calling a woman an ‘African bitch’ was capable in law of demonstrating hostility towards the complainant, who came from Sierra Leone, as being a member of a racial group.
Held: The meaning of ‘racial group’ was not so . .
Applied – Attorney General’s Reference (No 4 of 2004) CACD 22-Apr-2005
The defendant was accused of having racially abused the complainant by referring to him as an ‘immigrant doctor’ before the assault. The trial judge had held that the word ‘immigrant’ was so wide in its possible application as not to be capable of . .
Cited – Director of Public Prosecutions v M (A Minor) Admn 25-May-2004
There was an argument over payment for food with the Turkish chef of a takeaway kebab shop during the course of which the defendant used the words ‘bloody foreigners’ and pushed the shop window causing it to crack. The justices doubted whether the . .
Cited – Ealing London Borough Council v Race Relations Board HL 16-Dec-1971
The council operated a housing policy which required applicants for housing tbe British nationals. Mr Zesko, a Polish national, complained that this was race discrimination.
Held: The House declined to interpret ‘national origins’ in the list . .

Cited by:

Appeal from – Rogers, Regina v HL 28-Feb-2007
The House was asked whether the use of the phrases ‘bloody foreigners’ and ‘get back to your own country’ counted to make a disturbance created by the defendant a racially aggravated crime.
Held: (Baroness Hale of Richmond) ‘The mischiefs . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 July 2022; Ref: scu.234701

Regina v Stannard: CACD 1 Nov 2005

The defendant had been convicted of offences in which he had operated to purchase companies and use false debentures to evade corporation tax. Compensation had been sought under the 1988 Act. It was argued that the confiscation order should be quashed because the defendant had not benefitted as alleged.
Held: The appeals failed. The court could look through the trusts established as a sham. The court considered the authorities on the offence of cheating the revenue and found: ‘(a) The offence can be proved on the basis of an omission.
(b) It can be constituted by deliberate conduct prejudicing the Revenue’s right to the tax in question.
(c) The offence can be established without loss resulting from the cheat having been proved.’ The offence had been established and the orders properly made.

Judges:

Pill LJ, David Steel, Pitchford JJ

Citations:

[2005] EWCA Crim 2717

Links:

Bailii

Statutes:

Company Directors Disqualification Act 1986 2, Criminal Justice Act 71

Jurisdiction:

England and Wales

Citing:

Cited – Snook v London and West Riding Investments Ltd CA 1967
Sham requires common intent to create other result
The court considered a claim by a hire-purchase company for the return of a vehicle. The bailee said the agreement was a sham.
Held: The word ‘sham’ should only be used to describe an act or document where the parties have a common intention . .
Cited – Regina v Dimsey; Regina v Allen CA 14-Jul-1999
A deeming section could create a taxation liability, even where the liability appeared to be duplicated. The clause under which the foreign income of a company came to be chargeable did not affect the existing liability to pay tax on the sums so . .
Cited – Roger Stone (HM Inspector of Taxes) v Richard Henry Hitch; Thomas Henry Hitch and Ian Geoffrey Handy CA 26-Jan-2001
The essence of whether a deed was a sham, was whether the deed proclaimed one set of intentions, but the parties acted out another. The deeds in this case were capable of being seen as a sham as respects one or more deeds in the combination of . .
Cited – Re Walbrook and Glasgow 1994
It is for the appellant to show, on balance of probability, that the amount that might be realised in respect of property was less than the value of the proceeds of crime. . .
Cited – Gartside v Inland Revenue Commissioners HL 13-Dec-1967
Before his death, the deceased had advanced sums to his sons. The House was asked whether they were liable to Estate Duty.
Held: Lord Reid said: ‘no object of a discretionary trust has, as such, any legal right to or in the capital’, although . .
Cited – Jackson v Jackson 1973
Provided an application for ancillary relief has been made prior to the decree absolute dissolving the marriage (for example, by a Petitioner in the petition for divorce) the jurisdiction to entertain an application for ancillary relief application . .
Cited – H M Customs and Excise and Another v MCA and Another; A v A; Re MCA CA 22-Jul-2002
The husband and wife divorced and a property adjustment order applied for. The husband had been convicted and a drugs proceeds order made under the 1994 Act. The order had not been satisfied, and the receiver applied for money from the matrimonial . .
Cited – In re Peters CA 1988
After the defendant was arrested for drugs offences a restraint order was made to prevent dissipation of his assets. Orders were made to vary the restraint to allow payment of his sons school fees, and in family proceedings for a payment to his . .
Cited – Regina v Redford CACD 1989
The court considered an allegation of cheating the public revenue.
Held: After citing Mavji: ‘Mr Ashe-Lincoln candidly conceded that if no distinction can be drawn in this context between an act and an omission, to use convenient shorthand, . .
Cited – H M Customs and Excise and Another v MCA and Another 18-Apr-2002
The court held that they were not precluded by an application made under the 1994 Act against assets of the husband from making an order in favour of the wife under the 1973 Act. The court discharged the Receiver appointed under section 29(2) DTA . .
Cited – Regina v Mavji CACD 1987
The court considered the offence of cheating the public revenue.
Held: Cheating might include any form of fraudulent conduct which resulted in diverting money from the revenue and depriving the revenue of money to which it was entitled. . .
Cited – Regina v Less and Depalo CACD 2-Mar-1993
The defendant appealed his conviction for cheating the public revenue.
Held: The court approved the judge’s direction to the jury as follows: ‘The next direction I have to give you is what in law is cheating the Public Revenue. To cheat, . .
Cited – Regina v Hunt 1994
The defendant appealed his conviction for conspiracy to cheat the Inland Revenue was challenged on grounds which included the fact that the prosecution was unable to show that the appellant had benefited from the proceeds of the fraud.
Held: . .
Cited – Regina v Soneji and Bullen HL 21-Jul-2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .
Lists of cited by and citing cases may be incomplete.

Crime, Criminal Sentencing

Updated: 04 July 2022; Ref: scu.231649

B and Q Plc, Regina v: CACD 27 Sep 2005

The defendant company appealed against its conviction for a breach of the 1974 Act, arising from a fatal accident to a customer at retail premises. There had been a substantial contested trial. The appellants were convicted of some of the counts on the indictment, but not all. The company were fined a total of andpound;550,000 and ordered to pay the costs of andpound;250,000.
Held: The court dismissed the appeals against conviction and fines, but did reduce the order for costs.

Judges:

Thomas LJ, Grigson J, Rec Cardiff

Citations:

[2006] 1 WLR 328, [2005] EWCA Crim 2297

Links:

Bailii

Statutes:

Health and Safety at Work Act 1974

Jurisdiction:

England and Wales

Cited by:

Cited – Splain, Regina v CACD 12-Jan-2010
The defendant appealed against an order made for payment of all the prosecutor’s costs in full on his conviction for only some of the trade mark offences prosecuted against him.
Held: Where a defendant has been convicted on only some of . .
Lists of cited by and citing cases may be incomplete.

Crime, Health and Safety

Updated: 04 July 2022; Ref: scu.230311

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 – Competence of the Community – Freezing of funds – Fundamental rights – Jus cogens – Review by the Court – Action for annulment.
Mr Kadi was on the Sanctions Committee’s list and placed on the list maintained in the EC Regulation. His funds in the Community were frozen.
Held: Having regard to the primacy of the UN Charter, the EC was bound to adopt all measures to enable the Member States to fulfil their obligations under the Charter. There was no power to undertake what would amount to an indirect review of the lawfulness of the UN Resolution unless the Security Council had failed to observe the fundamental peremptory provisions of jus cogens.

Citations:

T-315/01, [2005] EUECJ T-315/01, (2005) ECR 11-3353

Links:

Bailii

Statutes:

Regulation 881/2002

Jurisdiction:

European

Cited by:

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 – A, K, M, Q and G v HM Treasury Admn 24-Apr-2008
The applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval.
See Also – 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 . .
Lists of cited by and citing cases may be incomplete.

Crime, Banking

Updated: 04 July 2022; Ref: scu.230131

Straker v Director of Public Prosecutions: QBD 1963

The defendant had been prosecuted with respect to negatives of films, and argued that a negative was not an article within section 1(2); it was not a film, and that even if it were an article thus defined, it could not be obscene unless published, and negatives were not published – they were used only to produce prints produced from the negatives.
Held: It was possible, without deciding, for a negative to come within the words ‘any film or other record of a picture,’ but it was impossible to say that a negative was capable of publication – as publication was defined in the 1959 Act – since the negative was not itself shown, played or projected to some member of the public.

Citations:

[1963] 1 QB 926

Statutes:

Obscene Publications Act 1959

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Fellows, Arnold CACD 27-Sep-1996
Computer based digital images are ‘copies of a photograph’ sufficient for the Act, and so possession of digital entities capable of being transformed into images were such photographs. Making a file available for download, was sufficient to amount . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 July 2022; Ref: scu.229854

Regina v Dianne Senior and Samantha Senior: CA 4 Mar 2004

The defendants appealed convictions for being involved in the illegal importation of cocaine, saying that questioning at the airport before a caution was administered was unlawful. By the time they were asked about the cases, the customs officers already knew that the cases contained drugs. The recorder had said that the questions were standard ones put to all individuals stopped and there was no need for a caution at that stage.
Held: It was sensible before making an arrest to ensure some conection between the suspect luggage and the passenger, and at that point some decision could be made about detention. However each situation had to be looked at in the light of the particular officer’s knowledge at the time. It would not always be correct.

Judges:

Mr Justice Astill Mr Justice Hooper Lord Justice Potter

Citations:

[2004] EWCA Crim 454, Times 25-Mar-2004

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 78

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Walsh (Gerald Frederick) CACD 1990
W faced a charge of robbery. At the police station on arrest he was first refused access to a solicitor. The police conceded that the refusal was a breach of s58, and that the officer had failed to record the interview as required, and to give an . .
Cited – Regina v Cox CACD 1993
The defendant was arrested at home on suspicion of one charge, but the police then asked questions about his clothing. He appealed saying the replies should not have been included.
Held: The questions were intended to secure admissions, and . .
Cited – Regina v Nelson, Rose CACD 3-Apr-1998
Two sisters and a brother who despite buying their tickets and travelling together prior to arrival, split up and proceeded separately through customs, caused suspicion. The question arose as to the admissibility in evidence of questioning by . .
Cited – Regina v Okafor CACD 10-Nov-1993
The appellant, a Nigerian national, arrived at Gatwick Airport from Nigeria with a single item of luggage, namely a suit carrier. He was asked a number of questions, in particular whether he had packed the luggage himself and whether everything in . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 03 July 2022; Ref: scu.194115

Charisma, Regina v: CACD 13 Oct 2009

appeal against conviction – rape and causing a person to engage in sexual activity without consent – hospital order imposed.

Judges:

Lord Judge LCJ

Citations:

[2009] EWCA Crim 2345, (2009) 173 JP 633

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 01 July 2022; Ref: scu.381507

Jordan v Burgoyne: 1963

The defendant, a racist addressed a crowd containing many persons of the Jewish faith and other people of sensible but strong views saying, in the most obnoxious way, that ‘Hitler was right’, and other crazed sentiments of that kind.
Held: Although the section requires an objective standard to be met, the ethnic group in question must be taken as one finds it.

Citations:

[1963] 2 QB 744, [1963] 2 All ER 225

Statutes:

Public Order Act 1936 5

Jurisdiction:

England and Wales

Cited by:

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 . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 July 2022; Ref: scu.270832

Devlin v Armstrong: CANI 1971

The defendant faced a charge of riot. He said that he had held an honest and reasonable belief that the police were about to behave unlawfully.
Held: The Court assumed that the accused did honestly and reasonably so believe, but held that for a number of reasons it constituted no defence in the circumstances: it was not questioned that in other circumstances it might be the correct criterion.

Judges:

Lord MacDermott LCJ

Citations:

[1971] LR NI 13

Jurisdiction:

Northern Ireland

Cited by:

Cited – Regina v Morgan HL 30-Apr-1975
The defendants appealed against their convictions for rape, denying mens rea and asserting a belief (even if mistaken) that the victim had consented.
Held: For a defence of mistake to succeed, the mistake must have been honestly made and need . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 July 2022; Ref: scu.258675

Regina v Payne: CCA 1963

The defendant’s conviction was quashed upon the ground that the judge ought to have exercised his discretion to exclude admissible evidence which had been obtained unfairly.

Citations:

[1963] 1 All ER 848

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Sang HL 25-Jul-1979
The defendant appealed against an unsuccessful application to exclude evidence where it was claimed there had been incitement by an agent provocateur.
Held: The appeal failed. There is no defence of entrapment in English law. All evidence . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 July 2022; Ref: scu.250465

Wragg, Regina (on the Application Of) v Director of Public Prosecutions: Admn 15 Jun 2005

The court faced a case stated where the defendant had been accused of resisting arrest. The officers claimed to have anticipated a breach of the peace, having been called to a domestic dispute.
Held: Though the defendant had not behaved with violence in the presence of the officers the court was entitled to conclude from the evidence that the officer’s apprehension that further violence would ensue was justified. The arrest was lawful.

Citations:

[2005] EWHC 1389 (Admin)

Links:

Bailii

Statutes:

Police Act 1996 89(1)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Howell (Errol) CACD 1981
The court considered the meaning of the legal concept of a breach of the peace.
Held: The essence is to be found in violence or threatened violence. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable . .
Cited – Foulkes v Chief Constable of Merseyside Police CA 9-Jun-1998
A man was locked out of the matrimonial home which he owned jointly with his wife, following a family dispute. The police told him, as was the fact, that his wife and children did not want him to re-enter the house and the police suggested that he . .
Cited – Redmond-Bate v Director of Public Prosecutions Admn 23-Jul-1999
The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility.
Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, . .
Cited – Jarrett v Chief Constable of West Midlands Police CA 14-Feb-2003
The claimant sought damages for false imprisonment and assault after her wrongful arrest. She had waived her handbag at an officer investigating a disturbance and been arrested. The police said the arrest was lawful, she being suspected of common . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 July 2022; Ref: scu.228907

R, Regina (on the Application of) v Leeds Magistrates Court and others: Admn 28 Jun 2005

A 15-year-old girl did not go to school because she was bullied there and her mother kept her away.
Held: the mother had failed to meet her duties under the Act.

Judges:

Davis J

Citations:

[2005] EWHC 1479 (Admin), [2005] ELR 589

Links:

Bailii

Statutes:

Education Act 1996 444

Jurisdiction:

England and Wales

Cited by:

Cited – Isle of Wight Council v Platt SC 6-Apr-2017
Regular school attendance is following the rules
The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ . .
Lists of cited by and citing cases may be incomplete.

Education, Crime

Updated: 01 July 2022; Ref: scu.228903

Parry v Halton Magistrates’ Court and Another: Admn 20 Jun 2005

Judges:

Field J, Rose LJ

Citations:

[2005] EWHC 1486 (Admin)

Links:

Bailii

Statutes:

Social Security Administration Act 1992 111A(1A)

Jurisdiction:

England and Wales

Cited by:

Not Approved – 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. . .
Lists of cited by and citing cases may be incomplete.

Benefits, Crime

Updated: 01 July 2022; Ref: scu.228902

A v Secretary of State for the Home Department: SIAC 28 Feb 2005

Open determination on the second review of the certificate issued by the Secretary of State for the Home Department in the case of A under section 21(1) of the Anti-Terrorism, Crime and Security Act 2001.

Judges:

Justice Ouseley

Citations:

[2005] UKSIAC 1/2002

Links:

Bailii

Statutes:

Anti-Terrorism, Crime and Security Act 2001 21(1)

Immigration, Crime

Updated: 01 July 2022; Ref: scu.228381

Henry, Regina v: CACD 29 Jun 2005

The defendant appealed his conviction for soliciting to murder and conspiracy to murder. An expert’s opinion now described him as of low intelligence and vulnerable to the sort of pressure of which he complained.
Held: The expert evidence had correctly been exluded: ‘An intention that someone should be killed is a visceral matter of no great complexity. In our judgment, it is not a matter which, on the authorities, lends itself to expert evidence in relation to a person such as this appellant. ‘

Citations:

[2005] EWCA Crim 1681

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Turner (Terence) CACD 1974
The defendant appealed against his conviction for murder. He admitted that he had killed his girlfriend with a hammer, but sought to bring psychiatric evidence that he was susceptible to provocation.
Held: The law jealously guards the role of . .
Cited – Regina v Silcot, Raghip and others CACD 9-Dec-1991
There can be an increased readiness of the courts to accept expert evidence as to the defendant’s mental capacity where the issue is as to the admissibility of a confession statement. . .
Cited – Regina v Coles CACD 1995
The 15 year old defendant appealed his conviction on the basis of recklessness, challenging, unsuccessfully, the rule in Caldwell.
Held: Because recklessness was to be judged by the standard of the reasonable prudent man, expert evidence of . .
Cited – Regina vMasih CACD 27-Jan-1986
The court considered the circumstances when expert evidence might be admissible as to the defendant’s ability or inability to form the mens rea: ‘Generally speaking, if a defendant is mentally defective, or otherwise comes in the last class, ’69 and . .
Cited – Lowery v The Queen PC 1974
(Victoria) A young girl was sadistically murdered. The two accused, were present and the crime was committed by one or the other, or both. Each brought evidence of the unlikelihood that he could have committed the murder. L emphasised his good . .
Cited – Regina v Randall HL 18-Dec-2003
Two defendants accused of murder each sought to place blame for the victim’s death on the other. One sought to rely upon the other’s record of violence as evidence of his co-accused’s propensity to violence.
Held: The record was admissible. By . .
Cited – Regina v Toner CACD 1991
The defendant sought to have admitted expert evidence on the possible effect of hypoglycaemia on the formation of an intention: ‘. . we do not know what, if any, effect mild hypoglycaemia can have upon a man’s ability to form an intent, and without . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 July 2022; Ref: scu.227972

Director of Public Prosecutions v Collins: Admn 23 Jun 2005

The defendant had, over a period of time, telephoned his MP’s office using racially abusive epithets. He was originally charged under the 1984 Act, but then under the 2003 Act. The magistrates found the remarks offensive, but not so grossly offensive as to constitute an offence under the Act. The prosecutor appealed.
Held: The appeal failed. Whilst the appellate court themselves found the remarks grossly offensive, parliament must have meant something by the addition of the word ‘grossly’ and the question was a matter of fact for the magistrates to find. Their finding that the particular words were offensive but not grossly offensive was open to them. Parliament had criminalised the sending of messages which if spoken would not constitute an offence. It is the message not the content, and ‘a balance is clearly being struck here between the respect for private life enjoined by Article 8 and the right of free expression protected by Article 10. ‘ The fact that the particular people who had heard the remarks were not greatly offended did affect the issue, and the same words could well be grossly offensive in even slightly different circumstances.

Judges:

Sedley LJ, Mitting J

Citations:

[2006] 1 WLR 308, [2005] EWHC 1308 (Admin), (2005) CrimLR 794, (2005) 2 CrAppR 39, [2005] 3 All ER 326

Links:

Bailii

Statutes:

Telecommunications Act 1984 43(1), Communications Act 2003 127

Jurisdiction:

England and Wales

Citing:

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 by:

Appeal from – Director of Public Prosecutions v Collins HL 19-Jul-2006
The defendant had made a series of racist and abusive calls to the office of his local MP. The prosecutor appealed a refusal to convict under the 1984 (now the 2003) Act. The defendant had argued that the messages had been offensive, but not grossly . .
Cited – Chambers v Director of Public Prosecutions QBD 27-Jul-2012
The defendant appealed by case stated against his conviction under section 127 of the 2003 Act. Becoming frustrated with its inefficiency he issued a tweet, which was said to have been a threat: ‘Crap! Robin Hood Airport is closed. You’ve got a week . .
Lists of cited by and citing cases may be incomplete.

Crime, Media

Updated: 01 July 2022; Ref: scu.227059

Kugathas v Secretary of State for the Home Department: CA 21 Jan 2003

Sedley LJ considered the circumstances where the Secretary of state should take into account the defendant’s article 8 human rights when considering deportation after serving a sentence of imprisonment: ‘Generally, the protection of family life under Article 8 involves cohabiting dependants, such as parents and their dependant minor children. Whether it extends to other relationships depends on the circumstances of the particular case. Relationships between adults, a mother and her 33 year old son in the present case, would not necessarily acquire the protection of Article 8 of the Convention without evidence of further elements of dependency, involving more than the normal emotional ties.’ and ‘ . . neither blood ties nor the concern and affection that ordinarily go with them are, by themselves or together, in my judgment enough to constitute family life’
Arden LJ said: ‘There is no presumption that a person has a family life, even with the members of a person’s immediate family. The court has to scrutinise the relevant factors. Such factors include identifying who are the near relatives of the appellant, the nature of the links between them and the appellant, the age of the appellant, where and with whom he has resided in the past, and the forms of contact he has maintained with the other members of the family with whom he claims to have a family life.
because there is no presumption of family life, in my judgment a family life is not established between an adult child and his surviving parent or other siblings unless something more exists than normal emotional ties: See S v United Kingdom (1984) 40DR 196 and Abdulaziz, Cabales and Balkandali v the United Kingdom [1985] 7 EHRR 471. Such ties might exist if the appellant were dependant on his family or visa versa.’

Judges:

Sedley LJ, Arden LJ

Citations:

[2003] EWCA Civ 31, [2003] INLR 170, [2003] All ER (D) 144

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

Cited – Secretary of State for The Home Department v HK (Turkey) CA 27-May-2010
The SS appealed against the successful appeal by the respondent against a deportation order. He had come to England in 1994, been granted indefinite leave to stay, and made a family here. In 2007 he was convicted of grievous bodily harm.
Held: . .
Cited – NT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
Lists of cited by and citing cases may be incomplete.

Immigration, Crime, Human Rights

Updated: 01 July 2022; Ref: scu.227089

Hammond v Director of Public Prosecutions: Admn 13 Jan 2004

The defendant, who had since died, had been convicted of a public order offence in that standing in a street he had displayed a range of placards opposing homosexuality. He appealed saying that the finding was an unwarranted infringement of his article 9 and article 10 rights, and that the words used were not in fact insulting.
Held: The appeal failed. Any restriction on his rights of free expression were compatible with article 10. The justices had however brought all the relevant considerations into play.They had found as a fact that the words were insulting, andthat finding was not so far outisde what might properly be concluded to allow its setting aside. The words were shprt and not intemperate. They did however associate homosexuality with immorality.

Judges:

May LJ, Harrison J

Citations:

[2004] EWHC 69 (Admin)

Links:

Bailii

Statutes:

Public Order Act 1986 5, European Convention on Human Rights 9 10

Citing:

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 – Nicol and Another v Director of Public Prosecutions QBD 22-Nov-1995
The defendant’s behaviour complained of must be at least unreasonable if not unlawful to found a binding over for breach of the peace. Simon Brown LJ said: ‘the court would surely not find a s.115 complaint proved if any violence likely to have been . .
Cited – Bibby v Chief Constable of Essex Police CA 6-Apr-2000
A bailiff sought to execute against goods in a shop against the will of the occupier. The police attended and when tempers were raised the police officer anticipated a breach of the peace by the bailiff and arrested him. He sought damages for that . .
Cited – Kokkinakis v Greece ECHR 25-May-1993
The defendant was convicted for proselytism contrary to Greek law. He claimed a breach of Article 9.
Held: To say that Jehovah’s Witness were proselytising criminally was excessive. Punishment for proselytising was unlawful in the . .

Cited by:

Cited – Abdul and Others v Director of Public Prosecutions Admn 16-Feb-2011
The defendants appealed against convictions for using threatening, abusive or insulting words or behaviour or disorderly behaviour . . within the hearing or sight of a person likely to be caused harassment, alarm or distress. He had attended a . .
Cited – Dehal v Crown Prosecution Service Admn 27-Sep-2005
The appellant had been convicted under section 4 of the 1986 Act. He had been accused of attending at Luton Guruwarda and intending to cause distress. He said that he had gone only peacefully to express his true religious beliefs. He had left a . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 01 July 2022; Ref: scu.226858

Saik v Regina: CACD 24 Nov 2004

The defendant appealed his conviction for conspiracy to launder the proeeds of crime. He had tendered the plea on the basis that he had only suspected and not known that the funds were the proceeds of crime. Whether to allow a defendant to withdraw a plea: ‘For an appeal against conviction to succeed on the basis that the plea was tendered following erroneous advice it seems to us that the facts must be so strong as to show that the plea of guilty was not a true acknowledgment of guilt. The advice must go to the heart of the plea, so that as in the cases of Inns and Turner the plea would not be a free plea and what followed would be a nullity.’

Citations:

[2004] EWCA Crim 2936, Times 29-Nov-2004

Links:

Bailii

Statutes:

Criminal Law Act 1977

Jurisdiction:

England and Wales

Cited by:

Cited – Director of Public Prosecutions v Toney Admn 14-Jul-2005
The defendant appealed a refusal to allow him to withdraw a plea of guilty. He was accused of assaulting his wife. He had had legal advice before interview and trial.
Held: Though the defendant had not waived privilege a note had been placed . .
Appeal from – Saik, Regina v HL 3-May-2006
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Crime

Updated: 01 July 2022; Ref: scu.226820