Appeal from conviction for possession of Class A drug with intent to supply.

Citations:

[2007] EWCA Crim 1499

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 23 June 2022; Ref: scu.375575

Appeal from confiscation order made on conviction for the keeping of dutiable goods with the intention of evading duty contrary to section 170(1)(b) of the 1979 Act.

Citations:

[2006] EWCA Crim 747

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 23 June 2022; Ref: scu.375566

Citations:

[2005] EWCA Crim 476

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 23 June 2022; Ref: scu.380259

Citations:

[1837] EngR 212, (1837) 2 Mood 24, (1837) 169 ER 10

Links:

Commonlii

Jurisdiction:

England and Wales

Crime

Updated: 23 June 2022; Ref: scu.313329

Citations:

[1837] EngR 209, (1837) 8 Car and P 262, (1837) 173 ER 486 (C)

Links:

Commonlii

Jurisdiction:

England and Wales

Crime

Updated: 23 June 2022; Ref: scu.313326

Citations:

[2008] EWCA Crim 544

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 23 June 2022; Ref: scu.270452

The court applied a subjective test when asking whether the defendant intended the harm caused.

Citations:

(1961) 45 Cr App R 304

Statutes:

Offences Against the Persons Act 1861 46

Jurisdiction:

England and Wales

Cited by:

Cited – Fook, Regina v CACD 22-Oct-1993
The defendant appealed his conviction for assault. He had suspected a lodger of theft, and was accused of having assaulted him while interrogating him about it. He locked the complainant in his room, but he then fell whilst escaping through a first . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 23 June 2022; Ref: scu.245860

The defendant suffered a degenerative disease affecting his mental capacity, and at trial the issue of his fitness to plead arose.
Held: Where the issue of unfitness arose it was necessary for the court to exercise very careful case management ensuring that it was supplied with proper information and acted quickly. In this case the defendant had awaited twelve months in prison, and this was unacceptable. Where there had been a possible error as to unfitness, there was no statutory provision which might allow a retrial. The court suggested that such a power might be welcome.

Judges:

Lord Justice Thomas, Mr Justice Forbes and Mr Justice Roderick Evans

Citations:

[2008] EWCA Crim 1810, Times 21-Aug-2008

Links:

Bailii

Statutes:

Criminal Procedure (Insanity) Act 1964

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Leather 1994
In considering whether a child had been abducted, no spatial or geographic element was involved; the question was whether the child was deflected by some action of the appellant from what he would, with parental consent, have been doing. . .
Cited – Regina v Hussein CACD 16-Dec-2005
Whether a procedural mistake might lead to the need for a venire de novo. . .
Cited – Regina v M (KJ) CACD 2003
In appropriate cases, the court should take account of the fact, if it be such that ‘being unfit to plead, the defendant would have no realistic opportunity of going into the witness box and defend himself, nor to give coherent instructions to his . .
Cited – Regina v O’Donnell CACD 1996
Effect of procedural irregularity such as to require a venire de novo. . .
Cited – Regina v M and Others CACD 5-Oct-2001
The court considered the nature of the detention of a defendant when he was found unfit to plead. Rose LJ said: ‘The old orders available to the courts [including the hospital order with restrictions] do not include any punishment or any order that . .
Cited – Regina v Antoine HL 30-Mar-2000
The appellant sought to argue that despite having been found unfit to plead under the 1964 Act, it was still open to him to argue that the defence under section 2 of the 1957 Act applied, and that he was entitled to be plead diminished . .
Cited – Regina v A (Child Abduction) CACD 15-Oct-1999
To be convicted of the offence of child abduction, it need only be shown that the defendant was the effective cause of the abduction, not that he was the sole cause of the abduction. Here the appellant had been convicted after going to London with a . .
Cited – Attorney-General’s Reference No 3 of 1998 CACD 25-Mar-1999
Where a defendant had been insane at the time of a burglary but was fit at the time of trial a court examining his actions under the Act was required to look only to the actions and need not enquire as to the presence of any mental element. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 23 June 2022; Ref: scu.273125

The defendant appealed against her conviction for deception. A retailer had been deceived by her use of a bank card.
Held: The appeal failed. In offering a cheque supported by the card, she was to be taken to be making a represention to the shopkeeper that she was authorised by the bank to draw the cheque and use the card.
Lawton LJ said: ‘S16(1) does not provide either expressly or by implication that the person deceived must suffer any loss arising from the deception. What does have to be proved is that the accused by deception obtained for himself or another a pecuniary advantage. What there must be is a causal connection between the deception used and the pecuniary advantage obtained’.

Judges:

Lawton LJ, Michael Davis J

Citations:

[1974] 1 WLR 370

Statutes:

Theft Act 1968 16(1)

Jurisdiction:

England and Wales

Crime

Updated: 23 June 2022; Ref: scu.466291

The defendant sought to appeal his conviction in 1970 for robbery. He had refused to attend an identity parade but was then confronted with the main witness. Witnesses had also been shown photographs from which they were said to have selected the appellant. There had been several earlier appeals. The appellant now said that the earier court had misunderstood the unfair use made of the photographs.
Held: The application required determination about matters decided well over twenty years before and then about several years before that. The understanding of the evidence proposed was insufficiently clearly established to undermine the conviction. There were defects when judged as at today’s standard but not sufficiently to make the conviction unsafe.

Judges:

Latham LJ, Forbes, Steel JJ

Citations:

[2008] EWCA Crim 1862

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Pinfold CACD 1988
Once a person convicted of an offence on indictment appeals against that conviction and that appeal has been determined on its merits, the court has no jurisdiction to re-open it on fresh evidence coming to light.
Lord Lane CJ considered the . .
Cited – Regina v Pendleton HL 13-Dec-2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal.
Held: . .
Cited – Attorney-General v Poole 1938
Open space land had been conveyed to Poole Corporation ‘in fee simple to the intent that the same may for ever hereafter be preserved and used as an open space or as a pleasure or recreation ground for the public use.’
Held: There was no . .
Cited – Poole and Mills v Regina CACD 17-Jun-2003
The case was a reference from the Criminal Cases Review Commission. The defendants had been convicted in 1990 of murder. The House of Lords had dismissed an earlier appeal. Police officers had allowed statements to be put forward which were false in . .
Cited – Thomas, Regina v CACD 26-Apr-2002
The hearing was a third appeal upon a reference by the Commission on the defendant’s conviction for murder.
Held: Auld LJ said that the court’s jurisdiction and a duty on a reference, as in an ordinary appeal, is to consider the safety of the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 23 June 2022; Ref: scu.272293

Appeal against conviction for inflicting grievous bodily harm contrary to section 20 of the Offences Against the Person Act 1861.

Judges:

Hallett LJ, Leveson, Simon JJ

Citations:

[2006] EWCA Crim 2413

Links:

Bailii

Statutes:

Offences Against the Person Act 1861 20

Jurisdiction:

England and Wales

Crime

Updated: 23 June 2022; Ref: scu.245673

The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts.
Held: The charge was justiciable in England. The defendant appealed conviction on counts of attempted obtaining by deception on the ground, among others, of judicial misdirection in the following words: ‘There is an attempt by the accused within the legal meaning of that word ‘attempt’ if you are satisfied that the matters I have stated to you are proved.’
Lord Diplock (minority) equated the judge’s power to direct a conviction with his power to direct an acquittal, regarding the contrary view as cynical and inconsistent with the proviso in section 2(1). Whether an activity forms part of an employer’s undertaking to make him liable under the Act is a question of fact to be left to the jury. As to jurisdiction where elements of the offence were committed abroad: ‘I see no reason for doubting the correctness of the decision in Reg v. Harden [1963] 1 Q.B. 8 if it was in that case right to conclude that the cheques were obtained in Jersey. The court in that case held, in my view correctly, following Reg. v. Ellis [1989] 1 Q.B. 230, that the gist of the offence lay in the obtaining, and as that in their view had occurred outside the jurisdiction, the convictions were quashed. It was not suggested in that case that the making of the false pretences in England gave the English courts jurisdiction. I doubt, however, whether it was right to hold that the jurisdiction of the English courts in respect of criminal offences depended on the narrow ground that the Post Office was the agent of the maker of the false pretences to obtain on his behalf the fruits of his fraud. Neither he nor the company in Jersey are likely to have considered or contemplated that the Post Office was acting as agent for one or other of them. The Post Office was just the vehicle for the transmission of the false pretences and the fruits of the fraud.
I can find no authority for the proposition that the English courts have jurisdiction in a case where the false pretences were made in this country and the obtaining of goods or money in consequence thereof occurred outside the jurisdiction. That the law might have so provided and that Parliament might make that the law, I acknowledge but I do not think that it is the law now. ‘

Lord Salmon said: ‘The criticism of that passage was that the judge should have explained to the jury the legal meaning of an attempt and directed them that if they were satisfied beyond a reasonable doubt that the facts proved established the attempt charged, then they should find the accused guilty, otherwise they should acquit him. I agree with that criticism. So did counsel for the Crown who conceded that there had been the technical misdirection of which counsel for the appellant had complained . . The learned judge conducted this trial lasting 70 days with outstanding ability and patience. The direction complained of came towards the end of a most fair, accurate and lucid summing up. It concerned a matter which was as plain as a pikestaff. No reasonable jury could have failed to find that the facts proved clearly established the attempt charged and convicted the appellant accordingly. It has never been suggested that when the appellant faked his death, he may not even have been giving his wife a thought and did what he did do solely to escape from being arrested and charged with the 13 other counts to which he had no defence and of which he was convicted . . Anyone in the judge’s position might easily have made the slip which he did of not leaving the jury to decide whether the facts proved amounted to the attempt charged. However obvious it may be that they did and that the accused was guilty, technically, the judge should still have left it to the jury to decide whether or not the evidence established the attempt charged and to have found him guilty or not guilty accordingly. The technical slip on the part of the judge certainly made no difference to the result of the trial. There is no possibility that any reasonable jury could have had the slightest doubt that the facts proved did establish the attempt charged and accordingly would certainly have brought in a verdict of guilty. I am completely satisfied that no miscarriage of justice could have resulted from what technically was a misdirection and that therefore the proviso to section 2(1) of the Criminal Appeal Act 1968 should be applied.
With the greatest respect to my noble and learned friends, Lord Diplock and Viscount Dilhorne and the Court of Appeal, I am afraid that I cannot agree with their views on this aspect of the case. Whilst there is no doubt that if a judge is satisfied that there is no evidence before the jury which could justify them in convicting the accused and that it would be perverse for them to do so, it is the judge’s duty to direct them to acquit. This rule, which has long been established, is to protect the accused against being wrongly convicted. But there is no converse rule – although there may be some who think that there should be. If the judge is satisfied that, on the evidence, the jury would not be justified in acquitting the accused and indeed that it would be perverse of them to do so, he has no power to pre-empt the jury’s verdict by directing them to convict. The jury alone have the right to decide that the accused is guilty. In any appropriate case (and this was certainly such a case) the judge may sum up in such a way as to make it plain that he considers that the accused is guilty and should be convicted. I doubt however whether the most effective way of doing so would be for the judge to tell the jury that it would be perverse for them to acquit. Such a course might well be counter-productive.’

Lord Edmund-Davies said: ‘Eveleigh J approached this part of his very onerous task as if he were interpreting a statute containing the word ‘attempt’ and regarded himself as entitled to direct the jury that, as a matter of pure law, the acts itemised (if proved) did constitute the ‘actus reus’. But just as it was for the jury and not the judge to decide whether the necessary mens rea had been established, so also it was for them to decide whether the proved acts of the accused were such as to constitute an attempt to commit the full offence of obtaining by deception . . . the erroneous direction in the instant case [to be] but one example of a prevalent (though fortunately not universal) tendency in our courts in these days to withdraw from the jury issues which are solely theirs to determine.’
Lord Keith of Kinkel ‘In the second place it was argued that the trial judge misdirected the jury in respect that he failed to leave it to them to decide whether in their view the appellant’s acts were sufficiently proximate to constitute an attempt or were merely preparatory. The learned trial judge did indeed direct the jury that if they were satisfied that the appellant falsely staged his death by drowning, dishonestly intending that a claim should be made and the policy moneys obtained in due course, then in law there had been an attempt to commit the offence. I am of opinion that it should properly have been left to the jury to say whether what the appellant did amounted to an attempt, and indeed this was accepted by Mr Tudor Price for the [Crown]. It is the function of the presiding judge at a trial to direct the jury upon the relevant rules of law. This includes the duty, if the judge takes the view that the evidence led, if accepted, cannot in law amount to proof of the crime charged, of directing the jury that they must acquit. It is the function of the jury, on the other hand, not only to find the facts and to draw inferences from the facts, but in modern practice also to apply the law, as they are directed upon it, to the facts as they find them to be. I regard this division of function as being of fundamental importance, and I should regret very much any tendency on the part of presiding judges to direct juries that, if they find certain facts to have been established, they must necessarily convict. A lawyer may think that the result of applying the law correctly to a certain factual situation is perfectly clear, but nevertheless the evidence may give rise to nuances which he has not observed, but which are apparent to the collective mind of a lay jury. It may be suggested that a direction to convict would only be given in exceptional circumstances, but that involves the existence of a discretion to decide whether such circumstances exist, and with it the possibility that the discretion may be wrongly exercised. Thus the field for appeals against conviction would be widened. The wiser and sounder course, in my opinion, is to adhere to the principle that, in every case where a jury may be entitled to convict, the application of the law to the facts is a matter for the jury and not for the judge. I see no reason to doubt that the good sense and responsible outlook of juries will enable them to perform this task successfully.’ As to the principle that an offence is committed within the jurisdiction if the effects of the act operate within it: ‘This would be the situation if a bomb or a letter sent from abroad were found anywhere within the jurisdiction. Its presence at that spot would be an intended effect of the act of despatching it. In my opinion it is not the present law of England that an offence is committed if no effect of an act done abroad is felt there, even though it was the intention that it should be. Thus if a person on the Scottish bank of the Tweed, where it forms the border between Scotland and England, were to fire a rifle at someone on the English bank, with intent to kill him, and actually did so, he would be guilty of murder under English law. If he fired with similar intent but missed his intended victim, he would be guilty of attempted murder under English law, because the presence of the bullet in England would be an intended effect of his act. But if he pressed the trigger and his weapon misfired, he would be guilty of no offence under the law of England, provided at least that the intended victim was unaware of the attempt, since no effect would have been felt there.’

Lord Diplock discussed the ‘terminating’ thery of jurisdiction: ‘The basis of the jurisdiction under the terminatory theory is not that the accused has done some physical act in England, but that his physical acts, wherever they were done, have caused the obtaining of the property in England from the person to whom it belonged.’ If a judge is satisfied that there is no evidence which could justify the jury in convicting the defendant and that it would be perverse for them to do so, it is the judge’s duty to direct them to acquit.

Judges:

Lord Dilhorne, Lord Edmund-Davies, Lord Diplock

Citations:

[1978] AC 55, [1977] 2 All ER 909, (1977) 65 Cr App R 192

Statutes:

Health and Safety at Work etc Act 1974, Criminal Appeal Act 1968 2(1)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Ellis 1899
In the case of what is a result crime in English Law, the offence is committed in England and justiciable by an English court if any part of the proscribed result takes place in England. The gist of the offence of obtaining by false pretences lies . .
Cited – Regina v Harden 1962
The appellant, in England, sent false hire purchase agreements to a company in Jersey, who posted back cheques to him. The court analysed the transaction in contractual terms, and held that as the post office was the appellant’s agent to carry the . .

Cited by:

Cited – Regina v Associated Octel Ltd HL 14-Nov-1996
The appellants operated a chemical plant. When the plant was shut down for its annual maintenance, an independent firm repaired a tank lining. An employee of that firm was working by electric light. He had to clean the tank with acetone and resin. . .
Cited – Regina v Manning CACD 24-Jun-1998
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad.
Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and . .
Cited – Regina v Manning CACD 24-Jun-1998
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad.
Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and . .
Cited – Wang, Regina v HL 10-Feb-2005
The appellant was waiting for a train when his bag was stolen. After a search, the thief tried to deter the appellant from calling the police by suggesting that the bag contained items the appellant should not be carrying. From the bag the appellant . .
Applied – Regina v Thompson 1984
The appellant, in Kuwait, had fraudulently caused a bank there to credit his bank balances in England.
Held: The court discussed its jurisdiction: ‘It is of course a basic principle of our criminal law that no British subject can be tried . .
Cited – Regina v Challinor CACD 1984
. .
Cited – Regina v Gordon (Note) CACD 1987
. .
Cited – Kelleher, Regina v CACD 20-Nov-2003
The defendant, out of strong conviction, entered an art gallery and knocked the head from a statue of Margaret Thatcher.
Held: The court examined the breadth of the defence of ‘lawful excuse’ to a charge of criminal damage, and whether a court . .
Cited – Office of the King’s Prosecutor, Brussels v Cando Armas and others HL 17-Nov-2005
The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation . .
Cited – Regina v Latif; Regina v Shahzad HL 23-Jan-1996
The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process.
Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 21 June 2022; Ref: scu.184759

The defendant was charged with indecent assault on a girl aged nine. At the man’s invitation the girl had committed an indecent act on the man.
Held: An invitation to another person to touch the invitor could not amount to an assault on the invitee. As the man had done nothing to the girl which, if done against her will, would have amounted to an assault on her, the man’s conduct did not constitute an indecent assault on the girl.

Citations:

[1951] 2 All ER 834 DC

Jurisdiction:

England and Wales

Cited by:

Cited – B (A Minor) v Director of Public Prosecutions HL 23-Feb-2000
Prosecution to prove absence of genuine belief
To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must . .
Cited – Regina v Brown (Anthony); Regina v Lucas; etc HL 11-Mar-1993
The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that the prosecution had not needed to . .
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 K HL 25-Jul-2001
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 21 June 2022; Ref: scu.182083

Citations:

[2016] NICA 21

Links:

Bailii

Jurisdiction:

Northern Ireland

Crime

Updated: 21 June 2022; Ref: scu.565969

The appellant had been approached and searched by police officers and swore at them. He now appealed against a conviction under section 5 of the 1986 Act.
Held: The use of the word ‘fuck’ was common in such situations. Neither officer had claimed to have been alarmed or distressed by the use of the word, and nor was there any evidence of a third party being so affected. In the absence of any such evidence the appeal must be allowed.

Judges:

Bean J

Citations:

[2011] EWHC 3992 (Admin), [2011] EWHC B1 (Admin)

Links:

Bailii, Bailii

Statutes:

Public Order Act 1986 5

Jurisdiction:

England and Wales

Citing:

Cited – Director of Public Prosecutions v Orum 1988
The court was asked whether a police constable was a person likely to be caused harassment, alarm or distress contrary to s. 5(1)(a) of the Public Order Act 1986.
Held: Glidewell LJ discussed the offence under section 5 where words used toward . .
Cited – Taylor v Director of Public Prosecutions Admn 28-Apr-2006
The defendant appealed conviction for racially aggravated use of threatening abusive or insulting words or behaviour. She said that apart from the police there was nobody else about to give rise to any risk of distress.
Held: It was a quiet . .
Cited – Southard v Director of Public Prosecutions Admn 9-Nov-2006
The defendant’s brother was stopped and searched by a police officer. While this search was going on the defendant approached and swore at the PC on two occasions, interfering with the search. He was cautioned after the first swearing incident and . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 21 June 2022; Ref: scu.448999

Citations:

[1837] EngR 217, (1837) 8 Car and P 265, (1837) 173 ER 490

Links:

Commonlii

Jurisdiction:

England and Wales

Crime

Updated: 21 June 2022; Ref: scu.313334

Appeal from conviction for theft from a supermarket. It was said that she had conspired with a cashier to undercharge for items taken from the store.

Citations:

[2009] EWCA Crim 1896

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 21 June 2022; Ref: scu.375734

Reasons for dismissal of appeals from conviction for sexual assaults on children.

Citations:

[2009] EWCA Crim 1943

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 21 June 2022; Ref: scu.375940

Citations:

[2001] NICA 52

Links:

Bailii

Jurisdiction:

Northern Ireland

Crime

Updated: 18 June 2022; Ref: scu.202000

Citations:

(1965) 49 Cr App R 241 CCA

Jurisdiction:

England and Wales

Cited by:

Disapproved – Haughton v Smith, On Appeal From Regina v Smith (Roger) HL 21-Nov-1973
The defendant appealed against his conviction for attempting to handle stolen goods. They were to be delivered to him in a van, but the meat was intercepted and recovered by the police. The defendant argued that he should not be convicted of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 18 June 2022; Ref: scu.183321

There may be involuntary manslaughter, if the accused intentionally did an act which was unlawful and dangerous and that act inadvertently caused death. Humphreys J said: ‘Where the act which a person is engaged in performing is unlawful, then if at the same time it is a dangerous act, that is, an act which is likely to injure another person, and quite inadvertently the doer of the act causes the death of that other person by that act, then he is guilty of manslaughter.’

Judges:

Humphreys J

Citations:

[1943] 29 Cr App R 18

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Ali CACD 14-Nov-2003
The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements.
Held: The evidence of the mother had been admitted . .
Cited – Director of Public Prosecutions v Newbury and Jones HL 12-May-1976
The two teenage defendants pushed a stone slab from a bridge onto an oncoming train. The slab went through the window and killed the guard. They appealed convictions for manslaughter.
Held: The appeals were dismissed. An unlawful act can found . .
Cited – Regina v Coutts HL 19-Jul-2006
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent . .
Cited – O’Connor, Regina (On the Application of) v HM Coroner for District of Avon and Another Admn 7-May-2009
Two children died when their father jumped with them from a hotel balcony. The father had been acquitted in Crete of manslaughter after evidence of his psychiatric condition. The applicant now challenged the English coroner’s verdict of unlawful . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 18 June 2022; Ref: scu.187960

Appeal from conviction – challenge to use of bad character evidence.

Citations:

[2019] EWCA Crim 303

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.635275

Homicide by an act of violence done in the course or in the furtherance of a felony involving violence is murder.
Insanity, whether produced by drunkenness or otherwise, is a defence to the crime charged.
Evidence of drunkenness which renders the accused incapable of forming the specific intent essential to constitute the crime should be taken into consideration with the other facts proved in order to determine whether or not he had this intent.
Evidence of drunkenness falling short of a proved incapacity in the accused to form the intent necessary to constitute the crime, and merely establishing that his mind was affected by drink so that he more readily gave way to some violent passion, does not rebut the presumption that a man intends the natural consequences of his acts.

Judges:

Lord Chancellor (Birkenhead), the Lord Chief Justice (Reading), Lords Haldane, Dunedin, Atkinson, Sumner, Buckmaster, and Phillimore

Citations:

[1920] UKHL 743

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.631514

Renewed application for leave to appeal against conviction of murder

Citations:

[2019] EWCA Crim 190

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.635271

Citations:

[2018] EWCA Crim 2198

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.628177

Citations:

[2010] NICC 43

Links:

Bailii

Jurisdiction:

Northern Ireland

Crime

Updated: 18 June 2022; Ref: scu.430627

The defendant appealed against his conviction for incitement to produce cannabis. He had a shop openly and lawfully selling materials for use in the growing of plants, and particularly cannabis. He said that the offence had only occurred after the determined encouragement of an officer conducting a test purchase.
Held: The appeal was dismissed.

Judges:

Leveson LJ, Davis, Tugendhat JJ

Citations:

[2010] EWCA Crim 925, [2010] 3 All ER 1186, [2010] 2 Cr App Rep 10

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Distinguished – Regina v Moon CACD 10-Nov-2004
The defendant, a heroin addict said that the encouragement of a police officer to supply her with a small quantity of heroin amounted to entrapment and that her prosecution should have been stayed as an abuse of process. The officer had been . .

Cited by:

Cited – Regina v Moore and Another CACD 13-Feb-2013
The appellants said that they had been entrapped into committing the offences of which they stood convicted. Their applications for stay on the ground of abuse of process had been rejected.
Held: The appeal failed.
Rix Lj said: ‘the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 18 June 2022; Ref: scu.408828

The applicant appeal from conviction for robbery on the ground that the summing-up was unstructured, inadequate and defective in some material particulars including the elements of robbery and joint enterprise.
Held: ‘When all of these errors are put together, errors in directing the jury on the law, errors in summing-up the evidence before the jury, and really a total failure to bring both law and evidence to bear on the critical issue of the case, and when one adds to that complete opacity as to exactly how the Crown were putting their case of joint enterprise, we consider that this conviction is unsafe.’

Citations:

[2009] EWCA Crim 1618

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.377740

Citations:

[2009] EWCA Crim 2018

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.377747

Citations:

[2009] EWCA Crim 1910

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.375737

Citations:

[2010] EWCA Crim 148

Links:

Bailii

Statutes:

Public Order Act 1986 2

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.396721

Appeal from conviction of cruelty to a child.

Citations:

[2006] EWCA Crim 2723

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.375572

Appeal from conviction for possessing imitation firearm when arrested for theft of a sandwich from a supermarket.
Held: ‘the words in section 17 appear to be clear and unambiguous. Subsection (1) is directed to the use of a firearm at the time of arrest. Subsection (2), as the judge said, is directed to the carrying of a gun, not in itself an offence, but becoming an offence if it is carried either when a scheduled offence is being committed or when someone is being arrested for a scheduled offence. Clearly, as it seems to us, ‘arrested’ must mean lawfully arrested. That concept embraces the situation where an arrest is being made by a police officer with reasonable grounds for suspecting that an offence has been committed.’

Citations:

[2000] EWCA Crim 3543, [2000] 2 Cr App R 160, [2000] Crim LR 591, [2001] QB 55, (2000) 164 JP 293, [2000] 3 WLR 300

Links:

Bailii

Statutes:

Firearms Act 1968 17(2)

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.374448

Citations:

[1837] EngR 226, (1837) 7 Car and P 497, (1837) 173 ER 220

Links:

Commonlii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.313343

Citations:

[2001] EWCA Crim 1470

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.267681

The defendant had been convicted of supplying cannabis resin. He received a payment 2,500 and appealed a confiscation order for that amount, saying that the profit was much less.
Held: In section 2(1)(a) the phrase ‘any payments’ had a wide interpretation and was not restricted to the net profits of trafficking. It can include any payment, and even one made in kind.

Citations:

[1989] 1 WLR 765

Statutes:

Drug Trafficking Offences Act 1986 1 2(1)(a) 4(3)

Jurisdiction:

England and Wales

Cited by:

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: 18 June 2022; Ref: scu.267676

Citations:

[2001] EWCA Crim 4

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.267677

Citations:

[2001] EWCA Crim 2

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.267679

Citations:

[2001] EWCA Crim 2918

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.267686

Citations:

[2008] EWCA Crim 984

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.267713

Citations:

[2001] EWCA Crim 169

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.267678

Citations:

[2001] EWCA Crim 339

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 18 June 2022; Ref: scu.267680

Citations:

[2007] NICA 28

Links:

Bailii

Jurisdiction:

Northern Ireland

Crime

Updated: 18 June 2022; Ref: scu.261660

Appeals from a conviction of an offence of conspiracy to assist unlawful immigration to a Member State.

Citations:

[2019] EWCA Crim 281

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.635272

Appeal against two convictions of causing grievous bodily harm

Citations:

[2019] EWCA Crim 557

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.635278

Appeal from conviction – new evidence. Withdrawal by complainant of her allegations of previous sexual abuse.
Held: Leave was granted, and the evidence admitted. The appeal was however refused. The retraction was demonstrably unreliable.

Citations:

[2019] EWCA Crim 565

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.635279

Posthumous application for leave to appeal out of time from conviction for sexual assault.

Citations:

[2019] EWCA Crim 545

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.635277

Appeal from conviction for murder

Citations:

[2019] EWCA Crim 412

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.635276

Appeal from conviction for murder. The conviction had been obtained after evidence was led as to previous occasions on which the defendant was said to have used knives in violent encounters as evidence of bad character.
Held: Leave to appeal was granted on one ground only, and a retrial was ordered.

Judges:

Girvan, Coghlin, Gillen LJJ

Citations:

[2015] NICA 34

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Applied – Ngyuen, Regina v CACD 18-Mar-2008
The court considered the use of bad character evidence based upon one previous alleged incident from which no prosecution had followed. The appellant had been convicted of murder in a public house in Woolwich. He struck the victim in the neck with a . .
Applied – O’Dowd v Regina CACD 12-May-2009
The defendant appealed against his conviction for serious sexual offences. The trial was very lengthy after the prosecution introduced bad character evidence from other allegations from some 17 years or more before. . .

Cited by:

At CANI – Mitchell, Regina v SC 19-Oct-2016
Appeal against conviction for murder. Evidence was agreed with her representatives as to previous acts using knives, but was presented despite withdrawal by her of her consent. The prosecution now appealed against the quashing of the conviction.
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 17 June 2022; Ref: scu.630586

Citations:

[2018] EWCA Crim 1729

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.628171

Citations:

[2018] EWCA Crim 2153

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.628179

Citations:

[2013] EWCA Crim 1893

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.628178

Citations:

[2018] EWCA Crim 2189

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.628174

Appeal from conviction for carrying bladed article – judge ruling that not a good reason that he anticipated being attacked again by a particular person.
Held: The appeal succeeded: ‘from the authorities already referred to, it could amount to a ‘good reason’ under section 139(4) if the appellant was carrying the knife for his own protection and that he could show on the balance of probabilities that he was in fear of an imminent attack. The judge’s ruling here amounts to saying that the facts as he understood them to be could not as a matter of law amount to a fear of an imminent attack.’

Citations:

[2009] EWCA Crim 2130, (2009) 173 JP 585, [2010] Crim LR 336, [2010] 1 Cr App R 11

Links:

Bailii

Statutes:

Criminal Justice Act 1988 139(1)

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.377762

Appeal from conviction under section 4 – whether correct to admit evidence of conviction of co-accused.

Citations:

[2009] EWCA Crim 1944

Links:

Bailii

Statutes:

Explosive Substances Act 1883 4, Police and Criminal Evidence Act 1984 78

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.377754

Citations:

[2009] EWCA Crim 2214

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.377752

Challenge to whether a statement said to be a confession to allegations of historic sex abuse was admissible.

Citations:

[2009] EWCA Crim 2113

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.377756

Appeal from conviction of possession of double ended knife in a public place. Alleged inconsistent acquittal of co-defendant.

Citations:

[2009] EWCA Crim 1948

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.377745

Appeal from conviction for solicitation of murder.
Held: Failed

Citations:

[2009] EWCA Crim 2072

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.377743

The accused appealed after the admission of bad character evidence in respect of allegations for which he had not faced prosecution. Moses LJ said that a jury would need ‘to consider with as much detail and concentration all the facts’ in relation to the three allegations as they would in relation to the offences of which the appellant was charged.

Judges:

Moses LJ

Citations:

[2008] EWCA Crim 1544, [2009] 1 Cr App R 10

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Approved – O’Dowd v Regina CACD 12-May-2009
The defendant appealed against his conviction for serious sexual offences. The trial was very lengthy after the prosecution introduced bad character evidence from other allegations from some 17 years or more before. . .
Cited – Mitchell, Regina v SC 19-Oct-2016
Appeal against conviction for murder. Evidence was agreed with her representatives as to previous acts using knives, but was presented despite withdrawal by her of her consent. The prosecution now appealed against the quashing of the conviction.
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 17 June 2022; Ref: scu.343015

Citations:

[1837] EngR 213, (1837) 8 Car and P 248, (1837) 173 ER 481

Links:

Commonlii

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.313330

Citations:

[2007] ScotHC HCJAC – 32

Links:

Bailii

Jurisdiction:

Scotland

Crime

Updated: 17 June 2022; Ref: scu.258356

Citations:

[1863] EngR 76, (1863) 3 F and F 824, (1863) A)

Links:

Commonlii

Jurisdiction:

England and Wales

Crime

Updated: 17 June 2022; Ref: scu.282731

Citations:

[2000] EWCA Crim 46

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 14 June 2022; Ref: scu.158696

Citations:

[2019] EWCA Crim 601

Links:

Bailii

Jurisdiction:

England and Wales

Contempt of Court, Crime

Updated: 14 June 2022; Ref: scu.635652

A short point as to the direction given in respect of an offence charged under section 4(3)(b) of the Misuse of Drugs Act 1971, namely being concerned in supplying a controlled drug, here a class A drug, to another.

Citations:

[2019] EWCA Crim 420, [2019] WLR(D) 135

Links:

Bailii, WLRD

Statutes:

Misuse of Drugs Act 1971 4(3)(b)

Jurisdiction:

England and Wales

Crime

Updated: 14 June 2022; Ref: scu.634821

Citations:

[2014] NICA 87

Links:

Bailii

Jurisdiction:

Northern Ireland

Crime

Updated: 14 June 2022; Ref: scu.552624

Citations:

[2014] NICA 75

Links:

Bailii

Jurisdiction:

Northern Ireland

Crime

Updated: 14 June 2022; Ref: scu.552626

Citations:

[2014] NICA 83

Links:

Bailii

Jurisdiction:

Northern Ireland

Crime

Updated: 14 June 2022; Ref: scu.552625

Application by CPS for retrial. D had been acquitted of murder, but DNA evidence had subsequently been obtained to justify a retrial.
Held: A possible failure by forensics to find the evidence at first was not enough to make a retrial unfair.

Judges:

Sir Brian Leveson P

Citations:

[2015] EWCA Crim 585

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 14 June 2022; Ref: scu.548110

Appall from conviction for fraud

Citations:

[2009] EWCA Crim 2282

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 14 June 2022; Ref: scu.377744

Citations:

[1837] EngR 258, (1837) 7 Car and P 485, (1837) 173 ER 215

Links:

Commonlii

Jurisdiction:

England and Wales

Crime

Updated: 14 June 2022; Ref: scu.313375

Citations:

[1837] EngR 222, (1837) 7 Car and P 814, (1837) 173 ER 355

Links:

Commonlii

Jurisdiction:

England and Wales

Crime

Updated: 14 June 2022; Ref: scu.313339

Citations:

[1837] EngR 254, (1837) 7 Car and P 551, (1837) 173 ER 243

Links:

Commonlii

Jurisdiction:

England and Wales

Crime

Updated: 14 June 2022; Ref: scu.313371

Citations:

[1837] EngR 230, (1837) 7 Car and P 486, (1837) 173 ER 216

Links:

Commonlii

Jurisdiction:

England and Wales

Crime

Updated: 14 June 2022; Ref: scu.313347

Citations:

[1837] EngR 256, (1837) 2 Mood 1, (1837) 169 ER 1

Links:

Commonlii

Jurisdiction:

England and Wales

Crime

Updated: 14 June 2022; Ref: scu.313373

Mr Mullen, had been deported from Zimbabwe to the United Kingdom as a result of a plan concocted between the United Kingdom and Zimbabwean authorities which involved breaching Zimbabwean extradition law.
Held: The subsequent conviction was set aside.

Judges:

Mantell, Kay, Sachs LJJ

Citations:

[2000] EWCA Crim 3540, [2000] Crim LR 873

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Applied – 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 by:

Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 14 June 2022; Ref: scu.331133

Appeals from convictions under the 1979 Act.

Citations:

[2006] EWCA Crim 577

Links:

Bailii

Statutes:

Customs and Excise Management Act 1979 170(2)

Jurisdiction:

England and Wales

Crime

Updated: 14 June 2022; Ref: scu.239236

Citations:

[2004] EWHC 2990 (Admin)

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 29(1)(b)

Jurisdiction:

England and Wales

Crime

Updated: 14 June 2022; Ref: scu.220669