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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Crime - From: 1990 To: 1990

This page lists 28 cases, and was prepared on 21 May 2019.


 
 McConnell v Chief Constable of Greater Manchester Police; CA 1990 - [1990] 1 WLR 364
 
Regina v Wragg [1990] 12 Cr App R 537
1990


Crime

1 Citers


 
Regina v Wills [1990] 2 Crim LR 714
1990
CACD
Lord Lane CJ
Crime
The words of a statute must be construed in their context but the interpretation of ‘likely’ [in Sheppard] seems very strained. If it only excludes what is ‘highly unlikely’ it includes what is merely ‘unlikely’; ie, the result is ‘likely’ to occur although it is unlikely (but not highly unlikely) to do so. With respect, that does not seem to be a possible meaning: ‘likely’ cannot include ‘unlikely’. On the contrary, a synonym for ‘likely’ is ‘not unlikely’.
Children and Young Persons Act 1933 1
1 Cites

1 Citers


 
Regina v Hyde, Sussex, Collins [1990] CLY 119; [1991] 1 QB 134; [1990] 3 WLR 1115; [1990] 134 SJ 1190; [1990] 3 All ER 892; (1991) 92 Cr App R 131; [1991] Crim LR 133; [1991] 155 JP 430; [1991] 155 JPN 58
1990
CACD
Lord Lane CJ
Crime
Lord Lane CJ restated the principle underlying the responsibility of a secondary partner in a joint enterprise: "If B realises (without agreeing to such conduct being used) that A may kill or intentionally inflict serious injury, but nevertheless continues to participate with A in the venture, that will amount to a sufficient element for B to be guilty of murder if A, with the requisite intent, kills in the course of the venture. As Professor Smith points out, B has in those circumstances lent himself to the enterprise and by so doing he has given assistance and encouragement to A in carrying out an enterprise which B realises may involve murder."
1 Citers



 
 Regina v Price; CACD 1990 - [1990] 90 Cr App R 409

 
 Regina v Gunawardena; CACD 1990 - [1990] 91 Cr App R 55

 
 Regina v Stingel; HCA 1990 - (1990) 171 CLR 312

 
 Darroch v The Director of Public Prosecution; CACD 1990 - [1990] 91 Cr App R 378

 
 Regina v Sharples; Crwn 1990 - [1990] Crim LR 198
 
Regina v Roberts [1990] CLR 122
1990


Crime

1 Citers


 
Regina v Wakely [1990] Crim LR 119
1990

Lord Lane CJ
Crime
Lord Lane CJ referred to the use of a pick axe handle in a burglary, "Foreseeability that the pick axe handle might be used as a weapon of violence was practically indistinguishable from tacit agreement that the weapon should be used for that purpose." However: "The suggestion that a mere foresight of the real or definite possibility of violence being used is sufficient to constitute the mental element of murder is prima facie, academically speaking at least, not sufficient."
1 Citers



 
 Re H (Deceased); 1990 - [1990] 1 FLR 441
 
Regina v T [1990] Crim LR 256
1990


Crime
(Crown Court) The defendant had committed an armed robbery which involved stabbing her victim and leaning into the victim's car to take her bag. The medical evidence supporting this mental state was that she was suffering from post-traumatic stress disorder after having been raped three days earlier. Held: A dissociation stemming from physical trauma was viewed as arising from 'external' sources and as such sufficient for the purposes of the defence of automatism.

 
Regina v May (1990) 91 Cr App R 157
1990
CACD

Crime
The Lord Chief Justice defined the common law offence of outraging public decency: "So there must have been proved to have been an act of such a lewd, obscene or disgusting nature as to amount to an outrage on public decency. It is not necessary to prove that the act in fact disgusted those in whose purview it was committed. It is sufficient if it is calculated so to do. So far as the public nature of the offence is concerned, it must be proved that more than one person must at least have been able to see the act. If one person is proved to have seen the act and others might have seen it taking place, that is enough."
1 Citers


 
Regina v Hess; Regina v Nguyen [1990] 2 SCR 906
1990

McLachlin J
Crime
The protection of children from the evils of intercourse is multi-faceted and so obvious as not to require formal demonstration.
1 Citers



 
 Regina v Gulliver (orse Gullefer / Gullerfer); CACD 1990 - [1990] 3 All ER 882
 
Riley v Director of Public Prosecutions (1990) 91 Cr App R 14
1990
Admn
Watkins LJ
Crime, Police, Magistrates
A police officer is not acting in the execution of his duty by arresting or detaining someone unless that arrest or detention is lawful. Justices are not entitled to infer that a police officer was acting in the course of his duty in carrying out a search pursuant to section 18 of the Police and Criminal Evidence Act from his bare, albeit unchallenged assertion in evidence that he was carrying out such a search.
Watkins LJ, gave guidance as to the form in which a case should be stated saying: "The Justices must endeavour to ensure in stating a case that, (1) the whole of their findings of fact are contained in one and of course an early paragraph of the case . . "
Police and Criminal Evidence Act 1984 18
1 Citers


 
Regina v Joseph Robert H [1990] 90 Crim App R 440
1990
CACD
The Lord Chief Justice, sitting with Rose J and Sir Bernard Caulfield
Crime
At his first trial, the appellant was charged with several sexual offences. He was acquitted on some and the jury failed to agree on others. His counsel sought to adduce evidence of acquittal on the Counts of indecent assault at the first trial to test the reliability of the complainant's evidence. Held: The fact of the acquittal could not demonstrate that the complainant was a liar, otherwise the jury would not have disagreed on the other Counts. The Lord Chief Justice also identified a number of reasons why the acquittals could have occurred in circumstances which would not necessarily have cast any adverse reflection on the reliability of the witness at all. Then he said this: "It seems to us that, in a case such as this, the judge has a very difficult exercise to perform. He has to balance the interests of the defendant against the interests of the prosecution and he has to determine, in the light of those considerations, what, in his judgment, would be fair. Because, like so many problems in the criminal trial, it is fairness rather than any remote abstruse legal principle which must guide the judge. Coupled with that fairness, if indeed it is not part of it, is a necessity for the judge to ensure that the jury whom he is assisting do not have their minds clouded by issues which are not the true issues which they have to determine."
1 Citers



 
 Regina v Cheshire; CACD 1990 - (1991) 93 Cr App R 251; [1991] 1 WLR 844; [1991] 3 All ER 670

 
 Regina v Alath Construction Ltd; CACD 1990 - [1990] 1 WLR 1255
 
Sandwell Metropolitan Borough Council v Bujok [1990] 3 All ER 385; [1990] 1 WLR 1350
1990
HL
Lord Griffiths
Nuisance, Crime
An offence arose under the 1936 Act when a complaint was brought by an aggrieved person. A person was entitled to make a complaint under section 94 without first serving an abatement notice.
Public Health Act 1936 94
1 Cites


 
Director of Public Prosecutions v K (a Minor) [1990] 1 All ER 331; (1990) 91 Cr App R 23
1990
QBD
Parker LJ
Crime
The defendant a schoolboy aged 15 had spilled some acid during a chemistry lesson. He went to wash his hands, but took a test tube of acid with him. Hearing others coming and panicking, he poured it into an upturned hot air drier. He returned to class, intending to come back later. In the meantime, the next user had the acid squirted in his face causing him injury. Held: The prosecutor's appeal succeeded. The taking of a risk that someone else would use the machine before he could get back to it amounted to recklessness: "it was clear that the Defendant knew full well that he had created a dangerous situation and the inescapable inference was that he decided to take the risk of someone using the machine before he could get back and render it harmless or gave no thought to that risk." After referring to Clarence: "In the same way a Defendant, who pours a dangerous substance into a machine, just as truly assaults the next user of the machine as if he had himself switched the machine on. So, too, in my judgment would he be guilty of an assault if he was guilty of relevant recklessness."
Offences Against the Persons Act 1861 47
1 Cites

1 Citers


 
Regina v Spratt [1990] 1 WLR 1073; [1991] 2 All ER 210
2 Jan 1990
CACD

Crime
The defendant fired his air gun from a window hitting a six year old girl. He admitted a section 47 assault on the basis that he had been unaware of her presence, and had given no thought to any risk. Held: Failure to give any thought to a risk was insufficeint to found liabiity. Even in the absence of the term 'maliciously', the definition of every offence against the person implied a need to prove mens rea involving either intent or recklessness. The basis of the plea did not amount to an offence.
Offences Against the Person Act 1861 47
1 Cites

1 Citers


 
Chan Ho-Kuen And, Kwok Kam-Tong v The Queen [1990] UKPC 26
23 May 1990
PC

Crime
(Hong Kong)
[ Bailii ]
 
Regina v Burke [1991] 1 AC 135; Independent, 24 May 1990
24 May 1990
HL

Landlord and Tenant, Crime
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.
Protection from Eviction Act 1977 1(3)
1 Cites


 
Regina v Wakely (1990) 93 ALR 79; (1990) 64 ALJR 321
7 Jun 1990

Mason CJ, Brennan, Deane, Toohey and McHugh JJ
Commonwealth, Crime
(High Court of Australia) The defendants appealed against their convictions, saying that their cross examinations had been improperly restricted by the judge at trial. Held: The court considered the limit of permissible cross-examination.
1 Cites

1 Citers

[ Austlii ]
 
Criminal Proceedings Against Marshall C-370/88
13 Nov 1990
ECJ

European, Crime


 
McKay v Her Majesty's Advocate [1990] ScotHC HCJAC - 1
21 Dec 1990
HCJ

Scotland, Crime

[ Bailii ]
 
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