Category: Crime

E v Director of Public Prosecutions: QBD 1 Feb 2005

The defendant appealed against his conviction for having unlawful sexual intercourse with a girl under 16. He was himself under 16, and complained that the section turned the girl into a victim and him into an offender and that this was discriminatory.
Held: Article 6 was not concerned with issues relating to the substance of an offence. It related to procedural issues. The possibility of pregnancy left a position requiring protection of girls and deterrence of boys from these activities.

Judges:

Pill LJ, Cox J

Citations:

Times 09-Feb-2005

Statutes:

Sexual Offences Act 19856 6(1), European Convention on Human Rights 6

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Kirk; Regina v Russell CACD 31-May-2002
The defendants appealed convictions for unlawful sexual intercourse with a girl under 16. They claimed that the availability to a defendant under 23 of a special defence which was not available to them because of their own age was discriminatory. . .
Lists of cited by and citing cases may be incomplete.

Crime, Discrimination

Updated: 07 April 2022; Ref: scu.222926

Dunn and Others, Regina v: CACD 23 Jun 2009

Appeals from conviction of murder: ‘on the basis that [the evidence of one witness] may be different in material respects from what was said subsequently at the trial of Conrad Jones’.

Judges:

Goldring LJ

Citations:

[2009] EWCA Crim 1371

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Noye, Kenneth, Regina v CACD 22-Mar-2011
The prisoner appealed against his conviction for murder on reference from the CCRC. There were new doubts about the reliabiity of the expert forensic expert.
Held: The appeal was dismissed. Dr H’s evidence did not impinge on the essential . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 April 2022; Ref: scu.430794

Onasanya v London Borough of Newham: Admn 14 Jul 2006

The defendant had tried to sell his car by placing a notice in a rear window saying it was for sale, and leaving it on the street.
Held: The authority said that there was more than one purpose in the vehicle being left on the street, and that the statutory defence was not available. That approach was entirely wrong: ‘What the court has to be satisfied about in section 38(2) is that the article ‘was brought into that street for some purpose other than street trading’. The question that must be asked, therefore, is: why was it in ‘that street’ and nowhere else at the material time? ‘ and ‘the control mechanism is limited by the terms of the statute and where, as here, a person puts forward a credible explanation against which there is no contradictory evidence it seems to me that prosecution is an excessive response.’

Judges:

Maurice Kay LJ, Mitting J

Citations:

[2006] EWCA Civ 1775 (Admin), [2006] 4 All ER 459

Links:

Bailii

Statutes:

London Local Authorities Act 1990 38(1)(a)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Duncan CACD 1981
Where a defendant has not given evidence the whole of a ‘mixed’ statement, one which includes matter which is incriminating and also matter which is exculpatory, should be admitted in evidence, if it is to be admitted at all. Nevertheless, the court . .
Cited – Regina v Aziz; Regina v Tosun; Regina v Yorganci HL 16-Jun-1995
The defendant (one of three) relied upon his part exculpatory statement made in interview and did not give evidence. The judge said that his good character was relevant as to his own propensity, and the character of the others was relevant to their . .
Cited – London Borough of Haringey v Michniewicz Admn 14-Jun-2004
The defendant was accused of unlicensed street trading. He had placed a car on the street with a sign to say that it was for sale.
Held: The offering of just one vehicle was sufficient to constitute the offence. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 April 2022; Ref: scu.243151

E C-240/17 – J: ECJ 16 Jan 2018

Reference for a preliminary ruling – Third-country national staying illegally in a Member State – Threat to public order and national security – Directive 2008/115/EC – Article 6(2) – Return decision – Ban on entry to the territory of the Member States – Alert for the purposes of refusing admission to the Schengen Area — Third-country national holding a valid residence permit issued by another Member State – Convention implementing the Schengen Agreement – Article 25(2) – Consultation procedure between the Member State issuing the alert and the Member State which issued the residence permit – Time limit – Failure of the Contracting State consulted to adopt a position – Consequences for the enforcement of return decisions and entry ban

Citations:

[2018] EUECJ C-240/17, ECLI:EU:C:2018:8

Links:

Bailii

Jurisdiction:

European

Citing:

Opinion – E C-240/17 – O ECJ 16-Jan-2018
Area of Freedom, Security and Justice – Asylum Policy – Justice and Home Affairs . .
Lists of cited by and citing cases may be incomplete.

Crime, Immigration

Updated: 05 April 2022; Ref: scu.605176

Martin, Regina v: CACD 13 Sep 2017

Appeal from conviction for murder – whether judge should better have directed the jury as to whether the defendant had lost control.

Judges:

Davis LJ, Stuart-Smith, Soole JJ

Citations:

[2017] EWCA Crim 1359

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 05 April 2022; Ref: scu.597483

Kudriasov, Regina v: CACD 19 Oct 2016

Appeal from sentences imposed for wounding with intent to do grievous bodily harm and of conspiracy to pervert the course of public justice.

Judges:

Lord Thomas of Cwmgiedd LCJ, Holroyde, McGowan JJ

Citations:

[2016] EWCA Crim 1614

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 05 April 2022; Ref: scu.588236

Conaghan, Regina v: CACD 28 Feb 2017

Four renewed applications for leave to appeal against conviction. The court considered issues arising where someone appealed assisted by an unqualified third party.

Judges:

Hallett VPCACD LJ, Kerr, Cheema-Grubb JJ

Citations:

[2017] EWCA Crim 597

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 05 April 2022; Ref: scu.588746

Solomon, R v: CACD 23 Mar 2016

Renewed application for permission to appeal against a sentence of 8 years’ imprisonment imposed on conviction of conspiracy to supply a controlled drug of class A.

Citations:

[2016] EWCA Crim 93

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 05 April 2022; Ref: scu.561199

Evans v Sant: QBD 1975

In the course of laying a water-main, a test-head was attached between the pipe and a pump to test the water pressure, but it was insecurely fitted and, as pressure built up, it blew off, causing the death of a workman who ran into the path of a passing car.
Held: On a case stated by magistrates after conviction, the defendant’s appeal was allowed. The guiding light in the court’s approach was that: ‘in deciding whether the place of work was made safe, it is the place qua place that we look at, and not the place qua operation carried on upon the place.’ Lord Widgery CJ continued to say: ‘That does not mean of course that in deciding whether the place is made safe one has total disregard for the activities which go on in the place itself. The safety of the place depends not simply on the construction of the floor or the solidity of the walls, but it also depends in some degree upon the nature of the operations carried on therein. In so far as there is permanent equipment in the place, then its safety can in my judgment reflect on the safety of the place. In so far as there are activities carried on in the place which are constant, regular and recurring, I can well see that they may have their impact on the question of whether the place has been made safe.’ and ‘Where, as in the present case, you start with a place safe in every degree, and the only thing which renders it unsafe is the fact that equipment brought upon it for a particular operation, and being used for a particular operation on a particular day, produces an element of danger, it seems to me that that is not enough to justify the allegation, certainly in criminal proceedings, that the place itself has not been made safe.’

Judges:

Lord Widgery CJ, Bridge and Shaw JJ

Citations:

[1975] QB 626

Jurisdiction:

England and Wales

Cited by:

Cited – Baker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced . .
Lists of cited by and citing cases may be incomplete.

Health and Safety, Crime

Updated: 05 April 2022; Ref: scu.440375

Regina v Kapotra: CACD 26 Jul 2011

The defendant having been found not guilty of two charges of harassment appealed against an order nevertheless preventing him from contacting the complainant, his estranged wife.

Judges:

Levesaon LJ, Williams, Davies JJ

Citations:

[2011] EWCA Crim 1843, (2011) 175 JP 378, [2011] Crim LR 890

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 5A

Jurisdiction:

England and Wales

Crime

Updated: 05 April 2022; Ref: scu.442193

Director of Public Prosecutions v Clarke and Others: QBD 30 Jul 1991

The essentials of the basic section 5 offence require the court to be satisfied as to the accused’s subjective state of mind, namely that he intended that the representation should be, or was aware that it might be, threatening, abusive or insulting.

Judges:

Nolan LJ

Citations:

Times 18-Sep-1991

Statutes:

Public Order Act 1986 5(1)(b)

Jurisdiction:

England and Wales

Cited by:

Cited – Norwood v Director of Public Prosecutions Admn 3-Jul-2003
The appellant a BNP member had displayed a large poster in his bedroom window saying ‘Islam out of Britain’. He was convicted of an aggravated attempt to cause alarm or distress. The offence was established on proof of several matters, unless the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 April 2022; Ref: scu.184323

E C-240/17 – O: ECJ 16 Jan 2018

Area of Freedom, Security and Justice – Asylum Policy – Justice and Home Affairs

Citations:

ECLI:EU:C:2018:8, [2018] EUECJ C-240/17 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – E C-240/17 – J ECJ 16-Jan-2018
Reference for a preliminary ruling – Third-country national staying illegally in a Member State – Threat to public order and national security – Directive 2008/115/EC – Article 6(2) – Return decision – Ban on entry to the territory of the Member . .
Lists of cited by and citing cases may be incomplete.

Crime, Immigration

Updated: 04 April 2022; Ref: scu.604675