Category: Crime

Huddart, Regina v: CACD 24 Nov 1998

Appeal against conviction for not having a dog under proper control, it having bitten a third party.
Held: The appeal failed: ‘ the jury were given sufficient guidance as to the approach which they should adopt to the evidence of identification. It was then a matter for them to decide whether they were sure that the dog which bit Mr Falcon was Winston. In our judgment there is no merit in this ground of appeal.’

Pill LJ, Turner J
[1998] EWCA Crim 3342, [1999] EHLR 281, [1999] Crim LR 568
Bailii
England and Wales

Crime

Updated: 24 January 2022; Ref: scu.570335

Riley and Others v Crown Prosecution Service: Admn 18 Oct 2016

The defendants appealed by case stated from convictions under the 2006 Act arising from the treatment of cows including at a slaughterhouse. Arguments were put that the prosecution was time barred.
Held: The court recognsed the limited role of the investigators and the CPS who would eventually institute proceedings. Time started running under s.31(1)(b) of the Act once a suitably qualified CPS employee has knowledge of ‘…evidence which the prosecutor thinks is sufficient to justify the proceedings’, and the case was not time barred.

Gross LJ, Andrews J
[2016] EWHC 2531 (Admin), [2016] WLR(D) 530
Bailii, WLRD
Animal Welfare Act 2006 4(1), Magistrates’ Courts Act 1980 127(1)
England and Wales
Citing:
Cited – Morgans v Director of Public Prosecutions QBD 29-Dec-1998
The defendant argued that once the prosecutor had all the material on which the prosecution was eventually brought, then for the purposes of section 11(2) time began to run.
Held: When considering the time limits for a prosecution under the . .
Distinguished – Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court and Another Admn 16-Mar-2009
A prosecutor for the purposes of the Trade Descriptions Act was the council and not an individual employee. . .
Cited – RSPCA v Johnson Admn 16-Oct-2009
Appeal by the RSPCA by way of case stated from a decision refusing to hear an information laid by the Society on the basis that it was out of time. The defendant was a horse owner accused of causing suffering in his horse.
Held: Pill LJ said: . .
Cited – Letherbarrow v Warwickshire County Council Admn 15-Dec-2014
This is an appeal by way of case stated from a decision of the Warwickshire Justices to convict the appellant on a number of counts of contraventions of the Animal Welfare Act 2006. It is argued that the prosecution had failed to comply with the . .

Lists of cited by and citing cases may be incomplete.

Crime, Animals

Updated: 24 January 2022; Ref: scu.570265

Paoletti And Others: ECJ 6 Oct 2016

ECJ (Judgment) Reference for a preliminary ruling – Article 6 TEU – Article 49 of the Charter of Fundamental Rights of the European Union – Principle of retroactivity of the more lenient criminal law – Italian nationals having organised the illegal entry into Italy of Romanian nationals – Acts carried out before the accession of Romania to the European Union – Effect of Romania’s accession on the criminal offence of facilitation of illegal immigration – Implementation of EU law – Jurisdiction of the Court

ECLI:EU:C:2016:748, [2016] EUECJ C-218/15
Bailii
Charter of Fundamental Rights of the European Union 49, TEU 6
European

Human Rights, Crime, Immigration

Updated: 24 January 2022; Ref: scu.570141

N Bevan Ltd v Revenue and Customs (Procedure : Other): FTTTx 7 Oct 2016

MONEY LAUNDERING – whether appellant had breached requirements of the Money Laundering Regulations 2007 regarding the carrying out of customer due diligence monitoring business relationships keeping adequate records and maintaining appropriate risk sensitive policies and procedures – yes-whether penalty of andpound;3750 imposed appropriate-penalty reduced to andpound;3094

[2016] UKFTT 674 (TC)
Bailii
Money Laundering Regulations 2007
England and Wales

Crime

Updated: 24 January 2022; Ref: scu.570103

Young v Regina: CACD 7 Sep 2016

This case concerns the effect upon the conviction of the appellant following a guilty plea to an offence of inflicting grievous bodily harm of his subsequent acquittal in relation to an allegation of manslaughter when, 12 years later, the victim died of injuries which had undeniably formed at least a large part of the basis of the original prosecution.

Sir Brian Leveson P QBD, Holroyde, May DBE JJ
[2016] EWCA Crim 1321
Bailii
England and Wales

Crime

Updated: 22 January 2022; Ref: scu.569032

Royal College of Nursing of the United Kingdom v Department of Health and Social Security: HL 2 Jan 1981

The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out by nurses acting on the instructions of such a practitioner.
Held: The phrase ‘treatment for the termination of pregnancy’ meant something broader than the act of termination itself. Rather it contemplated treatment that was in the nature of a team effort, covering the whole process designed to bring about a termination.
The Act was a complete description of what could lawfully be done.
Lord Diplock said: ‘What the Act sets out to do is to provide an exhaustive statement of the circumstances in which treatment for the termination of a pregnancy may be carried out lawfully.’
and ‘The policy of the Act, it seems to me is clear. There are two aspects to it: the first is to broaden the grounds upon which abortions may be lawfully obtained: the second is to ensure that the abortion is carried out with all proper skill and in hygienic conditions.’ and
‘I have spoken of the requirements of the Act as the way in which ‘treatment for the termination of the pregnancy’ is to be carried out rather than using the word ‘termination’ or ‘terminated’ by itself, for the draftsman appears to use the longer and the shorter expressions indiscriminately, as is shown by a comparison between sub-sections (1) and (3) of section 1, and by the reference in the conscience clause to ‘treatment authorised by this Act’. Furthermore if ‘termination’ or ‘terminated’ meant only the event of miscarriage and not the whole treatment undertaken with that object in mind, lack of success which apparently occurs in one or two per cent of cases, would make all who had taken part in the unsuccessful treatment guilty of an offence under section 58 or 59 of the Offences Against the Person Act 1861. This cannot have been the intention of Parliament.’
Lord Wilberforce said, in dissenting: ‘In interpreting an Act of Parliament it is proper, and indeed necessary, to have regard to the state of affairs at the time. Leaving aside cases of omission by inadvertence, when a new state of affairs, or a fresh set of facts bearing on policy, comes into existence, the courts may consider that they fall within the Parliamentary intention, if they fall within the same genus of facts as those addressed. They may also do so if there is a clear purpose in the legislation which can only be fulfilled if the extension is made. How liberally these principles may be applied must depend upon the nature of the enactment, and the strictness or otherwise of the words in which it has been expressed. The courts should be less willing to extend expressed meanings if it is clear that the Act in question was designed to be restrictive or circumscribed in its operation rather than liberal or permissive. They will be much less willing to do so where the subject matter is different in kind or dimension from that for which the legislation was passed. In any event there is one course which the courts cannot take, under the law of this country; they cannot fill gaps; they cannot by asking the question ‘What would Parliament have done in this current case – not being one in contemplation – if the facts had been before it?’ attempt themselves to supply the answer, if the answer is not to be found in the terms of the Act itself.’
Lord Keith said: ”Termination of pregnancy’ is an expression commonly used, perhaps rather more by medical people than by laymen, to describe in neutral and unemotive terms the bringing about of an abortion. So used, it is capable of covering the whole process designed to lead to that result, and in my view it does so in the present context. Other provisions of the Act make it clear that termination of pregnancy is envisaged as being a process of treatment.’

Lord Wilberforce, Lord Diplock, Lord Edmund-Davies, Lord Keith of Kinkel, Lord Roskill
[1981] AC 800, [1981] 1 All ER 545, [1981] 2 WLR 279, [1980] UKHL 10
Bailii
Abortion Act 1967, Offences Against the Person Act 1861 58 59
England and Wales
Citing:
Cited – Rex v Bourne 1939
An eminent surgeon openly in a public hospital operated to terminate the pregnancy of a 14 year old girl who had become pregnant in consequence of a violent rape.
Held: The court suggested when summing up that there might be a duty in certain . .
Appeal from – Royal College of Nursing of the United Kingdom v Department of Health and Social Security CA 1981
The College sought clarification of the role to be undertaken by nurses in abortion procedures. Lord Denning MR said: ‘when a pregnancy is terminated by medical induction, who should do the actual act of termination? Should it be done by a doctor? . .

Cited by:
Cited – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Cited – Airedale NHS Trust v Bland HL 4-Feb-1993
Procedures on Withdrawal of Life Support Treatment
The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court . .
Adopted – Regina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance) HL 13-Mar-2003
Court to seek and Apply Parliamentary Intention
The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act.
Held: The challenge failed. The court was to . .
Cited – Regina v Burstow, Regina v Ireland HL 24-Jul-1997
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . .
Cited – 1 Pump Court Chambers v Horton EAT 2-Dec-2003
The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act.
Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not . .
Cited – Fitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .
Cited – Regina v Dhingra CC 1991
(Crown Court at Birmingham) A doctor who had fitted a patient, with an IUD was charged with an offence under section 58 of the 1861 Act. Having heard medical evidence from two consultant gynaecologists and legal argument the judge withdrew the case . .
Cited – Quintavalle v Human Fertilisation and Embryology Authority HL 28-Apr-2005
The parents of a boy suffering a serious genetic disorder sought IVF treament in which any embryo would be tested for its pre-implantation genetic status. Only an embryo capable of producing the stem cells necessary to cure the boy would be . .
Cited – Oxfordshire County Council v Oxford City Council and others HL 24-May-2006
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a . .
Cited – Harding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
Cited – H, Regina v (Interlocutory application: Disclosure) HL 28-Feb-2007
The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal.
Held: The practice . .
Cited – Office of Fair Trading v Lloyds TSB Bank PlC and Others HL 31-Oct-2007
The House was asked whether the liability of a credit card company under the 1974 Act applied where the contract was performed abroad and subject to foreign law.
Held: The principle which disapplied an English statute in an extra-territorial . .
Cited – HM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .
Cited – British Pregnancy Advisory Service v Secretary of State for Health Admn 14-Feb-2011
The claimant sought a declaration that the administration of an abortifacient drug was not ‘any treatment for the termination of pregnancy’ for the purposes of section 1 of the 1967 Act, allowing the piloting and possible adoption of early medical . .
Cited – Equality and Human Rights Commission v Prime Minister and Others Admn 3-Oct-2011
The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not . .
Cited – Doogan and Another v NHS Greater Glasgow and Clyde Health Board SCS 24-Apr-2013
(Extra Division, Inner House) The reclaimers, Roman Catholic midwives working on a labour ward as co-ordinators, sought to assert a right of conscientious objection under the 1967 Act. The respondents said that only those directly involved in the . .
Cited – Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council and Others CA 20-May-2013
The Fellowship had applied for orders upgrading public rights of way. The council rejected the applications saying that the digital mapping software used to repare the maps submitted were not compliant with the requirements of the legislation. They . .
Cited – Greater Glasgow Health Board v Doogan and Another SC 17-Dec-2014
Roman Catholic Midwives, working as Labour Ward Co-ordinators had objected to being involved in an administrative capacity in abortions being conducted by the appellants. The Outer House had said they were not entitled to opt out, but the Inner . .
Cited – Transport for London v Uber London Ltd Admn 16-Oct-2015
TFL sought a declaration as to the legality of the Uber taxi system. Otherwise unlicensed drivers took fares with fees calculated by means of a smartphone app. The Licensed Taxi drivers said that the app operated as a meter and therefore required . .
Cited – Littlewoods Ltd and Others v Commissioners for Her Majesty’s Revenue and Customs SC 1-Nov-2017
The appellants had overpaid under a mistake of law very substantial sums in VAT over several years. The excess had been repaid, but with simple interest and not compound interest, which the now claimed (together with other taxpayers amounting to 17 . .

Lists of cited by and citing cases may be incomplete.

Health Professions, Constitutional, Crime

Leading Case

Updated: 22 January 2022; Ref: scu.180052

Evon Smith v The Queen: PC 14 Nov 2005

PC (Jamaica) The Board was asked whether the offence was a capital murder. The murder was committed in the course of a burglary. The defendant had stood on a ladder and reached in through a window and attacked the victim with a machete.
Held: (Majority opinion) ‘the offences of burglary and housebreaking both relate to acts of breaking into and entering dwelling houses. The protection of the subsection undoubtedly extends to those who are at risk of being killed by intruders who have broken into their homes for the purpose of stealing from them. But it does not follow that every murder committed within a victim’s own home is a capital murder, nor does it follow that a capital murder is committed by every person who kills after breaking into the victim’s dwelling house. The legislature could have said so if this was its intention, and in this area of the law where the right to life is in issue it had to spell out what it meant with absolute clarity. What it did was to restrict the offence of capital murder to the categories listed in section 2(1), which require more of the intruder to qualify as a capital murderer than the act of breaking into and entering the dwelling house with intent to commit the murder. They require a duality of purpose which is absent from this case. ‘

Lord Steyn, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton, Lord Walker of Gestingthorpe
[2005] UKPC 43, [2006] 1 WLR 243
Bailii, PC
England and Wales
Citing:
Cited – Watson v Regina PC 7-Jul-2004
(Jamaica) The defendant was convicted of two murders from the same incident. The Act provided for the death penalty if he was convicted of a second murder. He appealed the death sentence in the circumstances, and said also that it was . .
Cited – Regina v Vickers CCA 1957
The appellant, having broken into a dwelling-house to commit burglary, came upon the occupier whom he struck in a way which according to the medical evidence could have been inflicted with a moderate degree of violence. The victim died as a result. . .
Cited – Lamey v The Queen PC 20-May-1996
(Jamaica) The appellant was convicted of capital murder.
Held: Murder was not a terrorist act where fear caused is merely a by-product of the acts and not directly intended. He had had no intention of putting any member of the public in fear. . .
Cited – HM Advocate v Graham HCJ 1958
The accused was said to have stabbed the deceased while in the act of breaking into a public house with intent to steal from it. There was evidence that he was attempting to break in and steal when the fatal struggle took place.
Held: There . .
Cited – Regina v Jones 1959
There were two criminal acts and the defendant had two purposes, one ancillary to the other. His primary intention was to steal. Having stolen the money, he then killed as he left the house in order to avoid detection. . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 22 January 2022; Ref: scu.236688

Regina v Yuthiwattana: CACD 1984

The defendant appealed against his convictions under the 1977 Act.
Held: Under section 1(2) the deprivation of occupation for one day was insufficient. To constitute an offence, the deprivation had to take the character of an eviction. However, the appeal against the offence under section 1(3) failed. It was sufficient to establish that the acts, including in this casse an omission to act, complained of were calculated to interfere with the peace and comfort of the occupier and done with the intention of causing him to leave. In this case, the landlord’s failure to replace a lost key was found to be an ‘act’ of harassment against a tenant.

[1984] 128 SJ 661, [1984] Crim LR 562
Protection from Eviction Act 1977 1(2) 1(3)
England and Wales
Citing:
Cited – Whitley v Stumbles HL 1930
The case concerned whether, under the Act, an incorporeal right of fishing, demised as part of a lease of an hotel, was part of the ‘premises’ for the purpose of the Act.
Held: The standard conveyancing meaning of the word ‘premises’ has long . .
Cited – Bracey v Read 1963
A tenancy of land used for training horses was a business tenancy within the 1954 Act. The word ‘premises’ is not defined in the Act. Its legal meaning is the subject matter of the habendum in a lease, and it would cover any sort of property of . .

Cited by:
Cited – National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe CA 15-May-1997
The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, and two farmhouses. The tenants covenanted not to use the holding for any purpose other than agriculture, to farm it in accordance with the . .
Upheld – Regina v Burke HL 24-May-1990
The defendants appealed against their conviction under the 1977 Act.
Held: To amount to harrassment, the actions complained of need not be such as would give rise of themselves to civil or criminal action. . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Crime

Updated: 22 January 2022; Ref: scu.245852

Regina v Wright: 1864

The defendant faced charges of rape and of assault with intent to commit rape. The court was asked whether a jury could convict without being convinced that rape was in his mind.
Held: Channell B directed the jury: ‘even to convict of an assault with intent to commit a rape, and a multi fortiori, in order to convict of a rape, they must be satisfied that there was an intention to commit the act, notwithstanding any resistance on the part of the prosecutrix.
For it was of the essence of the offence that it should be committed without the will and against the consent of the prosecutrix. . . . Both charges required an intent on his part to commit the act by force against her will.’

Channell B
(1864) 4 F and F 967
England and Wales
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: 22 January 2022; Ref: scu.258677

Talbot v Oxford City Justices; Director of Public Prosecutions: QBD 3 Feb 2000

The defendant having been found inside an office was convicted under the Act of being in an enclosed area within the Act. It was held that the Act clearly referred to enclosed but open areas. The list of buildings was exhaustive and did not include an office or room.

Gazette 03-Feb-2000, Times 15-Feb-2000, [2000] 1 WLR 1102
Vagrancy Act 1824 4
England and Wales
Cited by:
Cited – Akhurst v Director of Public Prosecutions QBD 12-Mar-2009
The defendants appealed their convictions under the 1824 Act for being found in an enclosed space for an unlawful purpose. They had been filmed on CCTV on sites owned by Middlesex University.
Held: The appeals succeeded. The magistrates had . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 21 January 2022; Ref: scu.89697

Bolle Transport Bv v Secretary of State for The Home Department: CA 27 Jul 2016

Appeal against the imposition of a civil penalty on the appellant by the Secretary of State pursuant to the provisions of the 1999 Act on the grounds that, upon arrival of one its vehicles at the international Royal Mail depot at Langley, Berkshire, six ‘clandestine entrants’ (as per the relevant statutory language, but in the vernacular, illegal immigrants) were discovered hiding in the appellant’s trailer.

Gloster, King, Simon LJJ
[2016] EWCA Civ 783
Bailii
Immigration and Asylum Act 1999
England and Wales

Transport, Crime

Updated: 20 January 2022; Ref: scu.567672

Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988

The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international borders, if he had committed the acts alleged in the UK an offence would not have been committed, since the funds were transmitted from abroad, and the offences were extra-territorial.
Held: The act of appropriation occurred when the defendant assumed the rights of an owner. His sending of the telex was the last act he needed to do, and that would not be extra territorial. The evidence required was that upon which a properly directed jury could commit. Last, the procedure under the 1967 Act was to be similar to that in the 1870 Act. Accordingly the list of offences could be phrased in general terms, and was capable of amendment. As regards evidence from computer printouts, the provisions of subsection 2 were alternatives, and not cumulative, since section 68(1)(b) required any one of them to be present. If there was no internal evidence of malfunction, such a printout should be admitted under section 69. Once documents which may have had legal professional privilege had been produced that did not affect their later admission. Police powers of arrest and search were the same on a domestic crime as under the 1967 Act.
Lloyd LJ observed: ‘The practice in extradition cases has been that the English ‘offences’ are stated in the authority to proceed in very general terms. The magistrate is not, of course, concerned with whether the offence is made out in foreign law. He is concerned solely with whether the evidence would support committal for trial in England, if the conduct complained of had taken place in England: see In re Nielsen [1984] AC 606. So the magistrate is furnished at the commencement of the hearing with a schedule of charges based on the alleged conduct and formulated in accordance with English law. The schedule of charges is frequently amended in the course of the hearing.’

Lloyd LJ and French J
[1990] 1 WLR 277
Fugitive Offenders Act 1967 5 7(5) 8, Police and Criminal Evidence Act 1984 68(1)(2), Theft Act 1968 (c. 60) 3(1), Extradition Act 1870
England and Wales
Citing:
Cited – Regina v Morris (David); Anderton v Burnside HL 2-Jan-1983
The defendants had been accused of theft. One switched labels on a joint of pork in a supermarket, and the other presented the meat with the now cheaper label for purchase.
Held: The appeals were dismissed. There can be no conviction for theft . .
Cited – Regina v Navvabi CACD 1986
. .
Cited – Chan Man-sin v The Queen PC 1988
. .
Applied – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Distinguished – Regina v Governor of Pentonville Prison, Ex parte Tarling HL 1978
The Government of Singapore sought Mr Tarling’s extradition inter alia on two charges of conspiring in Hong Kong to steal shares in a Hong Kong company, the property of a Singapore Company.
Held: a conspiracy in Hong Kong to steal shares in a . .
Cited – Regina v Governor of Brixton Prison, Ex parte Gardner QBD 1968
A person was not eligible for surrender to New Zealand, the requesting country, because the offences with which he was charged in New Zealand involved the obtaining of property by knowingly false representations as to future conduct. English . .
Cited – Calcraft v Guest CA 1898
A trial had taken place in which the principal issue was the upper boundary of the plaintiff’s fishery. On appeal the defendant proposed to rely on new evidence discovered among the papers in another action tried over a hundred years before. The . .
Cited – Kajala v Noble CACD 1982
The best evidence rule does not generally exclude the admission of evidence of lesser quality. If such a rule exists, it applies only to documents in the possession of the party
Ackner LJ said: ‘The old rule, that a party must produce the best . .

Cited by:
Considered – Regina (Michael Rottman) v Commissioner of Police for Metropolis and Secretary of State for Home Department Admn 24-Jul-2001
There is no residual common law power of entry for police to enter into premises to execute a search without first obtaining a warrant, beyond that contained in the Act. The Act was intended to provide a complete statement of the powers of entry for . .
Cited – Masquerade Music Ltd and Others v Bruce Springsteen CA 10-Apr-2001
The respondent was a composer who sought to restrict the import of CDs containing his music into the UK. The appellants responded putting him to strict proof of his title. The title included assignments from a partnership to limited companies, but . .
Cited – Regina v Commissioner of Police for The Metropolis, ex parte Rottman HL 16-May-2002
The defendant had been arrested under an extradition warrant issued under the Act. The police had searched his premises, and found further evidence which was used to support the application for extradition. He challenged the collection and admission . .
Cited – Holmes v Governor of Brixton Prison and Another Admn 20-Aug-2004
The applicant sought his release from imprisonment where he awaited extradition to Germany. He was suspected of an offence of deception. He said there was insufficient evidence that the offence alleged would be an offence here. The alleged offence . .
Cited – Gomes v Trinidad and Tobago HL 29-Apr-2009
Each appellant challenged orders for their extradition, saying that the delay had been too prolonged, and that detention in Trinidad’s appalling jails would be an infringement of their human rights.
Held: The House had to consider its own . .

Lists of cited by and citing cases may be incomplete.

Extradition, Evidence, Extradition, Police

Updated: 20 January 2022; Ref: scu.175510

Regina v S (Trade Mark Defence) (Roger Sliney v London Borough of Havering): CACD 20 Nov 2002

The defendant alleged that the offence of which had been convicted, under the 1994 Act, infringed his rights under article 6.2 in reversing the burden of proof.
Held: The principle that the duty of proof lay on the prosecution was subject to statutory exceptions. To place a legal (persuasive) burden of proof on the defendant is possible under statute, but is exceptional, and requires clear words. Here, parliament had used the word ‘prove’ rather than ‘show’ in describing the burden on the defendant to establish a defence. The defence did not allege dishonesty. Having regard not only to the interests of the accused and the public, the imposition of legal burden on the accused, in the section is necessary, justified and proportionate. There is a heavy burden on those justifying a reverse legal burden of proof, but that burden was discharged here.

Rose LJ, Hughes, Davis JJ
Times 02-Dec-2002, Gazette 06-Feb-2003, [2002] EWCA Crim 2558, [2003] UKHRR 328, [2003] 1 Cr App R 35
Bailii
Trade Marks Act 1994 92(5) 94, European Convention on Human Rights 6.2
England and Wales
Citing:
Cited – Regina v S (Trade Mark Defence) (Roger Sliney v London Borough of Havering) CACD 20-Nov-2002
The defendant alleged that the offence of which had been convicted, under the 1994 Act, infringed his rights under article 6.2 in reversing the burden of proof.
Held: The principle that the duty of proof lay on the prosecution was subject to . .
Doubted – Regina v S (Trade Mark Defence) (Roger Sliney v London Borough of Havering) CACD 20-Nov-2002
The defendant alleged that the offence of which had been convicted, under the 1994 Act, infringed his rights under article 6.2 in reversing the burden of proof.
Held: The principle that the duty of proof lay on the prosecution was subject to . .

Cited by:
Cited – Barnfather v London Borough of Islington Education Authority, Secretary of State for Education and Skills QBD 7-Mar-2003
The appellant was convicted of the crime of being a parent whose child had failed to attend school regularly. She challenged saying that the offence required no guilty act on her part, but was one of strict liability, and contrary to her human . .
Cited – Regina v S (Trade Mark Defence) (Roger Sliney v London Borough of Havering) CACD 20-Nov-2002
The defendant alleged that the offence of which had been convicted, under the 1994 Act, infringed his rights under article 6.2 in reversing the burden of proof.
Held: The principle that the duty of proof lay on the prosecution was subject to . .
Doubted – Regina v S (Trade Mark Defence) (Roger Sliney v London Borough of Havering) CACD 20-Nov-2002
The defendant alleged that the offence of which had been convicted, under the 1994 Act, infringed his rights under article 6.2 in reversing the burden of proof.
Held: The principle that the duty of proof lay on the prosecution was subject to . .
Cited – Regina v Johnstone HL 22-May-2003
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act . .
Cited – Essex Trading Standards v Singh Admn 3-Mar-2009
The defendant had been accused of selling counterfeit trainer shoes. The prosecutor appealed against dismissal of the prosecution on the basis that the defenant had not known that they were counterfeit.
Held: The onus of proof lay on the . .
Cited – Shepherd v The Information Commissioner CACD 18-Jan-2019
The defendant had been part of an organisation subject to an investigation of child sex abuse. He was cleared of involvement, but had disseminated the confidential reports containing sensitive personal data to support his contention that the process . .

Lists of cited by and citing cases may be incomplete.

Intellectual Property, Crime, Human Rights

Updated: 20 January 2022; Ref: scu.178305

McMillan v Crown Prosecution Service: Admn 12 May 2008

Appeal by case stated by Justices for Sunderland in respect of a decision of the Magistrates’ Court in which the appellant M was convicted of an offence of being drunk and disorderly in a public place. She had been arrested in the front garden of a house, but the behaviour complained of was as she was taken across the public footpath to the police car.
Held: The appeal failed: ‘The Justices were plainly satisfied that the officer made the pragmatic decision not to arrest her from the garden, perhaps for an offence under section 5 of the Public Order Act, preferring what may be described as a negotiated conclusion, which would of course have been in the interests of the appellant. The Justices found that the officer took her by the arm ‘to escort her out of the garden to speak to her in the street’. It is plain that they rejected any suggestion that she was being moved from a private place to a public place simply so as to justify an arrest outside the garden for an offence which had a public place requirement.
In my judgment, in acting as he did, the officer who had had in mind the steepness of the steps in the garden and had wanted ‘to steady her for her own safety’ can properly be said to have acted in conformity with ‘generally acceptable standards of conduct’. I am satisfied that the Justices were entitled to reach the conclusion that they did on that issue. It follows that, the central point of the case being resolved in favour of the respondent, I would dismiss the appeal.’

Maurice Kay LJ, Penry-Davey J
[2008] EWHC 1457 (Admin), [2008] LLR 513, (2008) 172 JP 485
Bailii
Police and Criminal Evidence Act 1984
Citing:
Cited – Collins v Wilcock QBD 1984
The defendant appealed against her conviction for assaulting a police constable in the execution of his duty. He had sought to caution her with regard to activity as a prostitute. The 1959 Act gave no power to detain, but he took hold of her. She . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 19 January 2022; Ref: scu.566768

Regina v Kemp: 1957

The defendant appealed against his conviction for assault. The violent act was alleged to have been done during a period of unconsciousness arising from arteriosclerosis. His counsel submitted that his client had done what he had during a period of mental confusion arising from a physical, not a mental disease.
Held: The argument failed. Devlin J said: ‘It does not matter for the purposes of law, whether the defect of reason is due to a degeneration of the brain or to some other form of mental derangement. That may be a matter of importance medically, but it is of no importance to the law, which merely has to consider the state of mind in which the accused is, not how he got there.’

Devlin J
[1957] I QB 399
England and Wales
Cited by:
Cited – Regina v Quick CACD 18-Apr-1973
The defendant appealed against his conviction for assault. He had pleaded guilty after a ruling by the judge as to the meaning of the phrase ‘a defect of reason, from disease of the mind’ within the meaning of the M’Naughten Rules. More particularly . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 19 January 2022; Ref: scu.539358

Regina v John Swindall And James Osborne: 23 Mar 1846

If each of two persons be driving a cart at a dangerous and furious rate, and they be inciting: each other to drive at a dangerous and furious rate along a turnpike road, and one of the carts run over a man and kill him, each of the two persons is guilty of manslaughter, and it is no ground of defence, that the death was partly caused by the negligence of the deceased himself, or that he was either deaf or drunk at the time Generally, it may be laid down, that, where one by his negllgence has contributed to the death of another, he is guilty of manslaughter.

[1846] EngR 506, (1846) 2 Car and K 230, (1846) 175 ER 95
Commonlii
England and Wales

Crime

Updated: 19 January 2022; Ref: scu.302401

Regina v Charlson: 1955

The defendant father struck his 10 year old son on the head with a mallet , and was charged with three (3) offences of Grievous Harm , two (2) of which required specific intentions to be proved.
Held: The court proceeded on the assumption that diseases such as epilepsy or cerebral tumour are not diseases of the mind, even when they are such as to manifest themselves in violence.
Barry J in summing-up the case to the jury which returned a ‘not guilty’ verdict on all charges said: ‘These are charges of criminal offences …. In order to commit them , the prisoner must have had a guilty mind. For example , an act which otherwise might be an assault would not be assault if it were done accidentally. In a public street one might suddenly put one’s hand up to stop one’s hat being blown off , and might hit a passer-by on the nose without one’s knowing he was there….. If it is purely accidental , no assault is committed , for the element of consciousness is not present. Similarly , in the case of certain diseases , a person suffering from disease may be deprived of the control of his actions. A man in the throes of an epileptic fit does not know what he is doing….’

Barry J
[1955] 1 WLR 317, (1955) 39 Cr App R 37, [1955] 1 All ER 859
England and Wales
Cited by:
Disapproved – Bratty v Attorney General of Northern Ireland HL 3-Oct-1961
The Court of Criminal Appeal of Northern Ireland certified that their decision involved two points of law of general public importance, namely whether, the defendant’s plea of insanity having been rejected by the jury, it was open to the accused to . .
Mentioned – Regina v Quick CACD 18-Apr-1973
The defendant appealed against his conviction for assault. He had pleaded guilty after a ruling by the judge as to the meaning of the phrase ‘a defect of reason, from disease of the mind’ within the meaning of the M’Naughten Rules. More particularly . .

Lists of cited by and citing cases may be incomplete.

Crime

Updated: 19 January 2022; Ref: scu.539359

Regina v Emmett: CACD 18 Jun 1999

The defendant appealed against conviction after being involved in sexual activity which he said was not intended to cause harm, and were said to be consensual, but clearly did risk harm. On the first occasion he tied a plastic bag over the head of his partner. On the second, he poured lighter fluid over the victim and set it alight.
Held: These were not acts to which she could give lawful consent, and the conviction was upheld: ‘Accordingly, whether the line beyond which consent becomes immaterial is drawn at the point suggested by Lord Jauncey and Lord Lowry [in R v Brown [1994] AC 212], the point at which common assault becomes assault occasioning actual bodily harm, or at some higher level, where the evidence looked at objectively reveals a realistic risk of a more than transient or trivial injury, it is plain, in our judgment, that the activities [engaged] in by this appellant and his partner went well beyond that line. The learned judge, in giving his ruling said: ‘In this case, the degree of actual and potential harm was such and also the degree of unpredictability as to injury was such as to make it a proper cause [for] the criminal law to intervene. This was not tattooing, it was not something which absented pain or dangerousness and the agreed medical evidence is in each case, certainly on the first occasion, there was a very considerable degree of danger to life; on the second, there was a degree of injury to the body.’ With that conclusion, this Court entirely agrees.’

Rose LJ, Wright and Kay JJ
[1999] EWCA Crim 1710, [1999] No. 99011191/Z2
Bailii
Offences Against the Person Act 1861 47
England and Wales
Citing:
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 by:
Cited – Regina v Dica CACD 5-May-2004
Reckless HIV transmission – Grievous Bodily Harm
The defendant appealed against his conviction for inflicting grievous bodily harm. He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. It was not suggested that any rape . .
Cited – Coutts, Regina v CACD 21-Jan-2005
The defendant appealed his conviction for murder, saying that the judge should have left to the jury the alternative conviction for manslaughter. The victim had died through strangulation during a sexual assault by the defendant. He said it had not . .
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 – Meachen, Regina v CACD 20-Oct-2006
The appellant appealed his conviction for anal rape. He said the incident had been consensual. He had administered a date rape drug. He said again that this had been consensual. The prosecution alleged that the injuries left were inconsistent with . .
See Also – Regina v Emmett (Stephen Roy) CACD 15-Oct-1999
When the CPS intends to seek an order for costs against a defendant, in future, the defendant must be given notice of the intention to make the application. (it may be that this is to apply in the Court of Appeal only, but this is unclear from the . .

Lists of cited by and citing cases may be incomplete.

Crime

Leading Case

Updated: 19 January 2022; Ref: scu.158110