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Crime - From: 1994 To: 1994

This page lists 70 cases, and was prepared on 21 May 2019.


 
 Johnson v Director of Public Prosecutions; CACD 1994 - [1994] Crim LR 673

 
 Regina v Clowes (No 2); 1994 - [1994] 2 All ER 316
 
Airtours plc v Shipley (1994) 158 JP 835
1994
CACD
McCowan LJ
Crime, Consumer

Consumer Protection from Unfair Trading Regulations 2008
1 Citers


 
Tierney v Valentine 1994 SCCR 697
1994


Scotland, Animals, Crime
A Boxer dog had attacked and bitten two children on a swing in a children's play park. The court found that the dog which was in the charge of the appellant entered the play area. It was not on a lead. It approached the swings and circled round them and then started to bark and jump at the two children. One of the children began to scream, whereupon the dog bit that child in the foot. It then bit the other child on the leg and bit the first child again on the leg. This child got off the swing and started to run away. The dog bit her arm. It was at that point that the appellant intervened, caught the dog and put it on a lead". The sheriff had noted the terms of section 10(3) saying: "Having regard to the evidence, I took the view that during the course of the events on (the date of the incident) the dog became dangerously out of control because, as matters developed, there were grounds for reasonable apprehension that it would injure someone, although there were no such grounds at the outset". Held: The sherrif's approach was rejected: "The occasion which arose in this case, to which the definition in section 10(3) should be referred, was the occasion of the incident described in the findings. That was a single incident and it was an incident at the beginning of which this dog was found not to be dangerously out of control. Since it was a single incident with no appreciable interval, there was no stage at which it could be said that there were grounds for reasonable apprehension that the dog would injure any person before it was all over and the dog was put on the lead. Accordingly, the essential basis for a finding of guilt on this charge was not present".
Dangerous Dogs Act 1991
1 Cites

1 Citers


 
Troja v Troja (1994) NSWLR 269
1994

Kirby P
Crime, Wills and Probate
(New South Wales) The court explained the application of the forfeiture rules in cases involving murder. Historically: "In a time of attainder, forfeiture, and common exaction of the death penalty following conviction for murder, the niceties of the civil property claims of the perpetrator of a homicide tended to be given less prominence. The abolition of criminal forfeiture, the repeal of the civil impediments upon suing, and the reduction, and final abolition, of the death penalty, have presented the legal system with new problems affecting property law. The so-called "forfeiture rule" was one of the solutions devised to fill the gaps left following the abolition of the old rule. " and "A search for a rule more flexible than the absolute legal rule stated in Cleaver, and in subsequent English cases, was soon seen to be necessary because of the grossly unjust consequences which that rule, in its full rigour, produced, both for the perpetrator of the homicide, and others taking through that person. In a word, the absolute rule, whilst apparently defensive of human life, paid no regard to the virtually infinite variety of circumstances in which a homicide may occur, and the ameliorative circumstances that may sometimes exist, especially in a domestic situation."
1 Cites

1 Citers


 
Attorney-General of Hong Kong v Cheung (Wai-Bun) [1994] 1 AC 1
1994
PC
Lord Woolf
Crime
(Hong Kong) The defendant was indicted on charges of conspiracy to defraud and false accounting, the allegation being that the false accounting offences had been committed in order to conceal the conspiracy. The Crown sought to rely on the cover-up they were alleging to show that the defendant had contributed to the delay. Held: "However the difficulty in the way of [that submission] is that unless and until the defendant's guilt or innocence was established at the trial, it would not be known whether the defendant had been responsible for concealing the fraud offence. His involvement was the very question around which the trial would revolve ... In relation to conduct which will be an issue at the trial, the correct approach is for the judge to bear in mind the nature of the Prosecution's case as part of the factual background against which the alleged delay has to be considered and not as necessarily being a bar to the application succeeding. In this case there can be no doubt that Duffy J was well aware of this and there is nothing in his judgment to indicate that he did not give due consideration to the nature of the Prosecution's case in reaching his decision to grant a stay. " and "There remains the question as to whether Duffy J. was correct in saying that there is no material distinction between the onus on a defendant who seeks to have a prosecution stayed as being an abuse of process at common law and the onus which faces a defendant who wishes to establish that he is entitled to have the proceedings stayed under the Bill of Rights. Mr. Nicholls having accepted that, if there was any distinction between the approach at common law and under the Bill, this distinction could not avail him on this appeal, their Lordships had to decide whether to determine this issue. In the circumstances their Lordships decided not to do so and did not call on Mr. Robertson to address the Board as they had already decided that his help was not needed as to the outcome of the appeal. Their Lordships recognise that it is possible to argue that there is a difference of approach at common law and under the Bill. However, as any difference in the approach to be adopted is only likely to be of significance in a very small minority of applications for stay, their Lordships have decided that it is preferable not to determine the extent of the difference in this case, where it would be merely an academic exercise, but to leave it to be determined in a case where the existence of the difference would materially affect the result of the appeal. The issue is one which can be more satisfactorily examined in the context of a case where a difference in approach could have practical consequences."
1 Citers


 
Regina v Shamrock [1994] QB 279 (CA)
1994
CACD

Crime

1 Citers


 
Regina v Park (1994) 99 Cr App R 270
1994
CACD
Kennedy LJ
Crime
The defendant had been stopped by police officers whilst driving a car which contained property stolen in burglaries. The question arose whether a statement was a confession. Held: The court applied the interpretation of section 82(1) suggested in Sat-Bhambra. Kennedy LJ said: "In the current edition of Archbold (1993) at paragraph 15-293, dealing with this particular section and that authority, it is said that section 82(1) was not aimed at statements which the maker intended to be exculpatory and which were exculpatory on their face, but which could later be shown to be false or inconsistent with the maker's evidence on oath. It seems to us that that is precisely the situation here in relation not only to the answers in which the appellant denied ownership of certain items but also in relation to those answers where he accepted ownership of certain items, and accordingly, in our judgment, neither the conversation at the roadside nor, when we come to it, the conversation in the police station yard amounted to a confession."
Police and Criminal Evidence Act 1984 82(1)
1 Cites


 
Regina v Hunt [1994] Crim LR 747
1994

Stuart-Smith LJ
Crime
The defendant appealed his conviction for conspiracy to cheat the Inland Revenue was challenged on grounds which included the fact that the prosecution was unable to show that the appellant had benefited from the proceeds of the fraud. Held: Notwithstanding some expressions of opinion in the old cases, there was ample authority to show the offence of cheating the Revenue is "a conduct offence". "A distinction is drawn between cheating the public or the King, in which the resultant loss does not have to be proved, and cheating a private individual where it must be".
1 Cites

1 Citers


 
Regina v Leather (1994) 98 Cr App R 179
1994


Crime
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.
1 Citers


 
Regina v Notman [1994] Crim LR 518
1994
CACD

Crime

1 Citers


 
Regina v Pimm [1994] RTR 391
1994


Crime, Road Traffic
The offence of motor manslaughter is generally reserved for situations where on the facts there is a very high risk of the driving resulting in death.
1 Citers


 
Regina v Dutton [1994] Crim LR 910
1994
CACD

Crime
The case involved an allegation of sex abuse committed against a young boy who then made no complaint until he was 29, twenty years after the first offence and 14 years after the last offence alleged against the defendant. There was no apparent corroboration in the case and no supporting medical or scientific evidence of any kind. Furthermore, a number of witnesses had died. Held: These considerations notwithstanding, the trial judge had been entitled to decide, as he did, that a fair trial could be held. (Appeal allowed on other grounds)
1 Citers


 
Regina v Ealing Magistrates' Court, ex parte Woodman [1994] Crim LR 372
1994


Crime

1 Citers


 
Hma v Forbes (Steven Graeme) [1994] ScotHC HCJ - 1
14 Jan 1994
HCJ

Scotland, Crime

[ Bailii ]
 
Jamieson v HM-Advocate [1994] ScotHC HCJ - 2
19 Jan 1994
HCJ

Scotland, Crime

[ Bailii ]

 
 Regina v Milward; CACD 31-Jan-1994 - Ind Summary, 31 January 1994
 
Regina v Taylor Gazette, 09 March 1994; Ind Summary, 07 February 1994; Times, 04 February 1994
4 Feb 1994
CACD

Crime
A person developing and printing obscene photographs, is a publisher of those photographs when he returns them to the photographer.
Obscene Publications Act 1959 1(3)

 
Re McAngus Ind Summary, 07 February 1994
7 Feb 1994
QBD

Crime, Intellectual Property
Selling counterfeit goods may also be offence under section 25 of the Theft Act 1968.
Theft Act 1968 25

 
Regina v Mcfarlane Gazette, 09 February 1994
9 Feb 1994
CA

Crime
Prostitution is in the offer of services. The offence was still committed despite her then making off.

 
Toys'R'Us v Gloucestershire County Council Ind Summary, 14 February 1994; Times, 14 February 1994
14 Feb 1994
QBD

Crime, Consumer
It was necessary to show that the goods not were available at the price shown for the offence to occur. The misleading price offence was not committed when the goods sold at lower cost than displayed.
Consumer Protection Act 1987 20

 
Regina v Cambridge Gazette, 23 March 1994; Ind Summary, 28 February 1994; Times, 15 February 1994
15 Feb 1994
CA

Crime, Criminal Practice
The Judge must leave the issue of provocation to the jury if there is evidence to raise the issue, even if it had not been argued for by either prosecution or defendant.
Homicide Act 1957 3

 
Regina v Secretary of State Home Department, ex parte Gallagher Ind Summary, 28 February 1994; Times, 16 February 1994
16 Feb 1994
CA

Crime, Human Rights
The Home Secretary need not give reasons for exclusion orders made for national security purposes.
Prevention of Terrorism Act 1989 4 - Prevention of Terrorism (Temporary Provisions) Act 1989

 
Regina v Cole Ind Summary, 21 February 1994; [1994] Crim LR 582 (Comment)
21 Feb 1994
CA
Simon Brown LJ
Crime
Pending clarification, the defence of duress is not to be extended. As to necessity as a defence, the peril relied on in this case to support the plea of necessity lacked imminence and the degree of directness and immediacy required of the link between the suggested peril and the offence charged.
1 Citers


 
Regina v Uxbridge Magistrates' Court, ex parte Henry Times, 24 February 1994
24 Feb 1994
QBD

Crime
Detention time runs from time of actual seizure - strict compliance necessary.

 
Dawes v Director of Public Prosecutions Times, 02 March 1994
2 Mar 1994
QBD

Crime
Offender is arrested when detained by automatic locking car trap.
Theft Act 1968 12A(2)(d)

 
Regina v Director of Public Prosecutions, Ex Parte C Gazette, 07 September 1994; Times, 07 March 1994
7 Mar 1994
QBD

Crime, Children, Criminal Practice
The doli incapax assumption that a child does not have a guilty mind, is no longer an appropriate presumption for a 12 year old youth. A prosecutor must act in accordance with the guidelines issued pursuant to the Act.
Prosecution of Offenders Act 1985 10
1 Citers


 
Regina v P Ind Summary, 07 March 1994
7 Mar 1994
CA

Crime
There could be no incitement where the person incited is incapable in law of committing the full offence.

 
Regina v Parker Times, 11 March 1994
11 Mar 1994
CACD

Crime
The Judge was to give a direction that the residence of a witness was a matter of law when looking at the truth of certificates.

 
Director of Public Prosecutions v Harris Times, 16 March 1994
16 Mar 1994
QBD

Crime
The defence of necessity will be available only in exceptional circumstances even for police drivers driving in pursuit of a suspect. The care due from the driver of an emergency vehicle crossing a junction against red lights is specifically provided for by that regulation, and in these circumstances the common law defence of necessity does not run.
Road Traffic Act 1988 3
1 Citers



 
 Regina v Latif, Regina v Shahzad; CACD 17-Mar-1994 - Times, 17 March 1994; Gazette, 11 May 1994; (1994) 15 Cr App R (S) 864
 
Ravnsborg v Sweden [1994] ECHR 11; 14220/88; (1994) 18 EHRR 38
23 Mar 1994
ECHR
R. Ryssdal, P
Human Rights, Crime
Article 6 did not apply to proceedings where the applicant had been fined for making improper statements in written observations before the Swedish courts. The proceedings were regarded as being outside the ambit of article 6 because they were disciplinary in character. The Court recognised the need for summary procedures.
European Convention on Human Rights 6
1 Citers

[ Bailii ] - [ Bailii ]
 
Regina v Croydon Crown Court Ex Parte Lewis Times, 29 March 1994
29 Mar 1994
QBD

Crime
The right to bail after expiry of the custody time limit survives until arraignment only, and not until trial.
Prosecution of Offences Act 1985

 
Curry v Director of Public Prosecutions Independent, 30 March 1994
30 Mar 1994
QBD

Crime
Rebuttable presumption of doli incapax for 10-14 year olds is no longer law.

 
C (A Minor) v Director of Public Prosecutions Times, 30 March 1994; [1995] 1 Cr App R 118
30 Mar 1994
QBD
Laws J
Crime, Children
The 12 year old defendant held the handlebars of a motorcycle allowing a second boy to try to remove the chain and padlock securing it. He appealed against his conviction. Held: The presumption of doli incapax for a 10-14 year old child is no longer good law. Laws J said: "Whatever may have been the position in an earlier age, when there was no system of universal compulsory education and when, perhaps, children did not grow up as quickly as they do nowadays, this presumption at the present time is a serious disservice to our law. It means that a child over ten who commits an act of obvious dishonesty, or even grave violence, is to be acquitted unless the prosecution specifically prove by discrete evidence that he understands the obliquity of what he is doing. It is unreal and contrary to common sense;" and "Even that is not the end of it. The rule is divisive and perverse: divisive, because it tends to attach criminal consequences to the acts of children coming from what used to be called good homes more readily than to the acts of others; perverse, because it tends to absolve from criminal responsibility the very children most likely to commit criminal acts. It must surely nowadays be regarded as obvious that, where a morally impoverished upbringing may have led a teenager into crime, the facts of his background should go not to his guilt, but to his mitigation; the very emphasis placed in modern penal policy upon the desirability of non-custodial disposals designed to be remedial rather than retributive - especially in the case of young offenders - offers powerful support for the view that delinquents under the age of 14, who may know no better than to commit antisocial and sometimes dangerous crimes, should not be held immune from the criminal justice system, but sensibly managed within it. Otherwise they are left outside the law, free to commit further crime, perhaps of increasing gravity, unchecked by the courts whose very duty it is to bring them to book." and "the presumption is in principle objectionable. It is no part of the general law that a defendant should be proved to appreciate that his act is 'seriously wrong.' He may even think his crime to be justified; in the ordinary way no such consideration can be prayed in aid in his favour. Yet in a case where the presumption applies, an additional requirement, not insisted upon in the case of an adult, is imposed as a condition of guilt, namely a specific understanding in the mind of the child that his act is seriously wrong. This is out of step with the general law."
1 Cites

1 Citers


 
Regina v Faheem Mir and Another Ind Summary, 23 May 1994
22 Apr 1994
CACD

Crime
Subjective test of recklessness necessary on conspiracy to commit arson.

 
Regina v Warneford and Gibbs Ind Summary, 09 May 1994; Times, 18 May 1994; [1994] CLY 1112
9 May 1994
CA

Crime
For a forgery charge to succeed, the forgery must go to circumstances of the origin or making of the document. An extraneous lie is insufficient to found a forgery.
Forgery and Counterfeiting Act 1981 9(1)(g)

 
Regina v Dubar Gazette, 01 June 1994; Times, 13 May 1994
13 May 1994
CMAC

Crime, Armed Forces
The Judge is to direct the jury on whether money is held under an obligation for the purposes of the Theft Act. Money held specifically for one purpose is to be used for that purpose.
Theft Act 1968 5(3)

 
Regina v Jackson Ind Summary, 23 May 1994
23 May 1994
CACD

Crime
The extent of a protected site must be specified for there to be criminal liability.
Ancient Monuments and Archeological Areas Act 1979 2

 
Regina v Hallam; Regina v Blackburn Ind Summary, 13 June 1994; Times, 27 May 1994
27 May 1994
CACD

Crime
The Court asserted the need for a simplification of the law of Theft. The law still required consideration of arcane terms such as choses in action.
Theft Act 1968

 
Director of Public Prosecutions v Bull Times, 01 June 1994; Ind Summary, 30 May 1994
30 May 1994
QBD

Crime
Offence of loitering by common prostitute cannot be committed by a man. The term 'common prostitute' can only apply to a woman.
Street Offences Act 1959 1 - Street Offences Act 1959 1(1)

 
Regina v Sullivan Ind Summary, 06 June 1994
6 Jun 1994
CACD

Crime
Where a defendant is charged with 'having control to publish by sale' obscene articles, the judge is to read the statements to make his own assessment.
Obcene Publications Act 1959 1(1) 1(3) - Obcene Publications Act 1964 1(3)(b)

 
Hopson v The Queen [1994] UKPC 20
13 Jun 1994
PC

Crime
(Jamaica)
[ Bailii ]
 
Yip Chiu Cheung v Regina [1995] 1 AC 111; [1994] UKPC 2; [1994] UKPC 23; [1994] 2 All ER 924; (1994) 99 Cr App R 406; [1994] Crim LR 824; [1994] 3 WLR 514
16 Jun 1994
PC
Lord Griffiths
Crime
The appellant was charged with conspiracy to traffic in a dangerous drug, contrary to the common law and section 4 of the Dangerous Drugs Ordinance Cap 134 of Hong Kong. The prosecution said he had had meetings in Thailand with a man named Needham. who unknown to the appellant was an US undercover drug enforcement officer. It was arranged that Needham would act as courier to carry a consignment of drugs by air from Hong Kong to Australia, the plan being that Needham would travel to Hong Kong, collect the drugs and fly on to Australia. Needham said that throughout his dealings with the appellant he kept the authorities in Hong Kong and Australia informed of the plans and they agreed that he would not be prevented from carrying the drugs out of Hong Kong and into Australia. Although Needham fully intended to carry it out this scheme foundered for practical reasons and he never in fact went to Hong Kong. It was argued that he could not be guilty of conspiring with Needham since Needham himself had committed no offence. Held:
Lord Griffiths dismissed the defendant's contention: "On the principal ground of appeal it was submitted that the trial judge and the Court of Appeal were wrong to hold that Needham, the undercover agent, could be a conspirator because he lacked the necessary mens rea or guilty mind required for the offence of conspiracy. It was urged upon their Lordships that no moral guilt attached to the undercover agent who was at all times acting courageously and with the best of motives in attempting to infiltrate and bring to justice a gang of criminal drug dealers. In these circumstances it was argued that it would be wrong to treat the agent as having any criminal intent, and reliance was placed upon a passage in the speech of Lord Bridge of Harwich in Reg v Anderson (William Ronald) [1986] AC 27; but in that case Lord Bridge was dealing with a different situation from that which exists in the present case. There may be many cases in which undercover police officers or other law enforcement agents pretend to join a conspiracy in order to gain information about the plans of the criminals, with no intention of taking any part in the planned crime but rather with the intention of providing information that will frustrate it. It was to this situation that Lord Bridge was referring in Anderson. The crime of conspiracy requires two or more persons to commit an unlawful act with the intention of carrying it out. It is the intention to carry out the crime that constitutes the necessary mens rea for the offence. As Lord Bridge pointed out, an undercover agent who has no intention of committing the crime lacks the necessary mens rea to be a conspirator.
The facts of the present case are quite different. Nobody can doubt that Needham was acting courageously and with the best of motives; he was trying to break a drug ring. But equally there can be no doubt that the method he chose and in which the police in Hong Kong acquiesced involved the commission of the criminal offence of trafficking in drugs by exporting heroin from Hong Kong without a licence. Needham intended to commit that offence by carrying the heroin through the customs and on to the aeroplane bound for Australia."
The Crown cannot direct or authorise a criminal offence to take place. The offence required no more than proof of export without a licence and thus could be committed by an undercover officer agreeing to the export without a licence.
1 Citers

[ Bailii ] - [ Bailii ]
 
Yip ChiuCheung v The Queen Gazette, 03 August 1994; Times, 20 June 1994
20 Jun 1994
PC

Crime, Commonwealth
Conspiracy possible though co-conspirator undercover drugs agent. An agent with the requisite intent can be the other party in a conspiracy.

 
Freemantle v The Queen [1994] UKPC 24
27 Jun 1994
PC

Crime
(Jamaica)
[ Bailii ]
 
Regina v Maltman Times, 28 June 1994
28 Jun 1994
CACD

Crime
Anything used for counterfeiting' includes anything used in the process.
Forgery and Counterfeiting Act 1981 17(1)

 
Vasquez v The Queen and O'Neil v The Queen [1994] UKPC 26
29 Jun 1994
PC

Crime
Belize
[ Bailii ]

 
 Regina v Shulman, Regina v Prentice, Regina v Adomako; Regina v Holloway; HL 1-Jul-1994 - Times, 04 July 1994; Independent, 01 July 1994; Gazette, 21 July 1994; [1995] 1 AC 171; [1994] UKHL 6; [1994] 3 WLR 288; [1994] 3 All ER 79
 
Regina v Sinha Times, 13 July 1994; Ind Summary, 01 August 1994
13 Jul 1994
CACD

Crime
The course of justice may be perverted at large by the act of a defendant even though there was no particular case before the courts yet involved. Here a doctor had, through his negligence, contributed to the death of a patient. He altered computer based records in order to protect himself against being found out. At the time of the alteration, it was inevitable that a Coroner's Inquest at least would be held.


 
 Regina v Kingston; HL 22-Jul-1994 - Times, 22 July 1994; Independent, 22 July 1994; [1994] UKHL 9; [1995] 2 AC 355; [1994] 3 All ER 353; [1994] 3 WLR 519
 
Regina v CPC (Uk) Ltd, CPC (UK) Ltd v National Rivers Authority Independent, 30 August 1994; Times, 04 August 1994; [1994] Env LR 131
4 Aug 1994
CACD
Lloyd LJ
Environment, Utilities, Crime
The defendant operated a factory, using cleaning liquid carried through PVC piping. The piping leaked because it had been badly installed by the reputable subcontractors employed by the previous owners of the factory. Held: Although the defendants were unaware of the existence of the defect and "could not be criticised for failing to discover it," the pollution had nevertheless been caused by their operation of the factory. So the fact that the negligent installation of the pipes had been unforeseeable was no defence. Liability for river pollution is strict. It existed even where the owner had no knowledge of a leak in a pipe put in before he acquired the land. Whether he had caused the pollution remained a question of fact for the jury.
Water Resources Act 1991 85(1) 209
1 Citers


 
Kerr v Director of Public Prosecutions Times, 05 August 1994
5 Aug 1994
QBD

Crime
A Police Constable was not acting in the course of his duty in restraining a person wrongly thought to have been arrested.
Police Act 1964 5-1

 
Regina v Gray, Liggins, Rowlands, Ridings Times, 05 August 1994; Gazette, 26 October 1994
5 Aug 1994
CACD

Evidence, Crime
Without an allegation of conspiracy, there are severe limitations on the use of the evidence of one defendant against other co-defendants. Evidence against one defendant was inadmissible against others without an allegation of a common enterprise.

 
Attorney General v Judd Times, 15 August 1994
15 Aug 1994
QBD

Crime
The harassment of a juror could take place even after a trial had finished and it remained a contempt of court.
Contempt of Court Act 1981

 
Regina v Jones (Terence Michael) Gazette, 26 October 1994; Ind Summary, 05 September 1994; Times, 19 August 1994
19 Aug 1994
CACD

Crime
Possession of a firearms certificate is not a lawful authority to have a shotgun in a public place.
Firearms Act 1968 1 19

 
Elbekkay, Regina v [1994] EWCA Crim 1; [1995] Crim LR 163
12 Sep 1994
CACD
McCowan LJ, Sachs, Mitchell JJ
Crime
The defendant appealed against his conviction for rape. The victim had mistaken him man for her "boyfriend" Held: it was rape for a man to have intercourse with a woman by impersonating her boyfriend with whom she had been living for 18 months. The 1885 Act "was limited to husbands because it was . . designed to resolve a particular confusion".
Criminal Law Amendment Act 1885 4
1 Citers

[ Bailii ]
 
Dunkley and Robinson v The Queen [1994] UKPC 32
4 Oct 1994
PC

Crime
(Jamaica) Appeals against conviction for murder
[ Bailii ]
 
Criminal Proceedings Against Ludomira Houtwipper Times, 20 October 1994; C-293/93; [1994] EUECJ C-293/93
20 Oct 1994
ECJ

Crime
National rules restricting trade in un-hallmarked metal goods were lawful.
[ Bailii ]
 
Regina v Linekar Gazette, 11 January 1995; Ind Summary, 19 December 1994; Times, 26 October 1994; [1994] EWCA Crim 2; [1995] 2 WLR 237; [1995] 2 CAR 49; [1995] 3 All ER 70; [1995] QB 250
21 Oct 1994
CACD
Swinton Thomas LJ, Morland, Steel JJ
Crime
L appealed against his conviction for rape. His victim was a woman working as a prostitute. He said that he had simply made off afterwards without payment. He was convicted on the basis that he had procured the act by a false pretence by him that he had a present intention of paying the £25. Held: The appeal succeeded. "In rape, for consent to be vitiated by fraud, the deception must be either as to the nature of the act or as to identity. the prostitute here consented to sexual intercourse with the appellant. The reality of that consent is not destroyed by being induced by the appellant's false pretence that his intention was to pay the agreed price of £25 for her services. Therefore, he was not guilty of rape.
If anything, the appellant was guilty of an offence under section 3 of the 1956 Act which was not an alternative that was put to this jury."
1 Cites

1 Citers

[ Bailii ]

 
 Vasquez v The Queen; O'Neil v The Queen; PC 26-Oct-1994 - Gazette, 26 October 1994; [1994] 1 WLR 1304; [1994] 3 All ER 674

 
 Adams v The Queen; PC 4-Nov-1994 - Ind Summary, 09 January 1995; Gazette, 25 January 1995; Times, 04 November 1994; [1995] 1 WLR 52
 
Hereford and Worcester County Council v T and S Stores Plc Times, 04 November 1994
4 Nov 1994
QBD

Crime
A shopkeeper's instructions to staff regarding sales of tobacco to under age consumers, were sufficient to avoid liability on his part.
Children and Young Persons Act 1933 7

 
Data Protection Registrar v Amnesty International (British Section) Times, 23 November 1994; CO 1323/94; [1995] Crim L R 633
8 Nov 1994
Admn
Lord Justice Rose and Mr Justice Scott Baker
Information, Crime
The defendants had been charged with recklessly holding and then disclosing information about named individuals. It had exchanged a list of potential addressee's for use in mailing lists with another charity. Held: Recklessness is defined by reference to the defendant's foresight of the consequences as listed in the section, rather than the degree of harm to the data subject. The magistrate had confused the seriousness of the consequences of the breach with the breach itself. The appeal against the dismissal of the charges failed. To establish recklessness, the prosecution “must prove first that there is something in the circumstances that would have drawn the attention of an ordinary, prudent individual to the possibility that this act was capable of causing the kind of mischief that sections 5(2) and 5(5) are intended to prevent and that the risk of those mischiefs occurring was not so slight that the ordinary, prudent individual would feel justified in regarding them as negligible. Secondly the prosecution must prove that before doing the act, the defendant either failed to give any thought to the possibility of their being such a risk, or, having recognised that there was such a risk, he nevertheless went on to do it.”
Data Protection Act 1984 5(2) 5(5)
1 Cites

1 Citers


 
Stewart and Another, Regina v [1994] EWCA Crim 3; [1995] 1 Cr App R 441; [1995] 3 All ER 159
10 Nov 1994
CACD
Hobhouse LJ, Turner, Wright JJ
Crime
Hobhouse LJ said: "The question whether the relevant act was committed in the course of carrying out the joint enterprise in which the defendant was a participant is a question of fact not law. If the act was not so committed then the joint enterprise ceases to provide a basis for a finding of guilt against such a defendant. He ceases to be responsible for the act. This is the fundamental point illustrated by Anderson and Morris and Lovesey and Peterson. But it does not follow that a variation in the intent of some of the participants at the time the critical act is done precludes the act from having been done in the course of carrying out the joint enterprise as is illustrated by Betty and Reid.
The appeals against conviction must accordingly be dismissed.!
1 Cites

[ Bailii ]
 
Regina v Ali [1995] Crim LR 303 (Comment); Unreported, 14 November 1994
14 Nov 1994
CACD
Lord Taylor of Gosforth CJ, Alliott and Rix JJ
Crime
The appellant said he become involved in drug dealing and become indebted to his supplier, X, who had given him a gun and told him to obtain the money from a bank or building society the following day, failing which he would be killed. The appellant accordingly committed the robbery of which he was convicted. In directing the jury on the defence of duress advanced by the defendant the trial judge had said: "The final question is this: did he, in obtaining heroin from Mr X and supplying it to others for gain, after he knew of Mr X's reputation for violence, voluntarily put himself in a position where he knew that he was likely to be forced by Mr X to commit a crime?" It was argued by the appellant that the judge should have said "forced by Mr X to commit armed robbery", but this was rejected, and the court held that by "a crime" the jury could only have understood the judge to be referring to a crime other than drug dealing. Held: The principle was this: "The crux of the matter, as it seems to us, is knowledge in the defendant of either a violent nature to the gang or the enterprise which he has joined, or a violent disposition in the person or persons involved with him in the criminal activity he voluntarily joined. In our judgment, if a defendant voluntarily participates in criminal offences with a man 'X', whom he knows to be of a violent disposition and likely to require him to perform other criminal acts, he cannot rely upon duress if 'X' does so."
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Percy v Director of Public Prosecutions Gazette, 01 March 1995; Times, 13 December 1994; [1995] 3 All ER 124; [1995] 1 WLR 1382
13 Dec 1994
QBD
Collins J
Crime
A woman protester repeatedly climbed over the perimeter fencing into a military base. Held: The defendant had a choice between agreeing to be bound over and going to prison. Her refusal to agree to be bound over had an immediate and obvious penal consequence without any intervening stage. The threat of imprisonment was no doubt intended to be coercive but it was also punitive. The bind over order was quashed because there was no sensible likelihood that trained security personnel would be provoked by her conduct to violence. An admission of actual violence or of the threat of violence was needed before the binding over power became available to the Magistrates: “The conduct in question does not itself have to be disorderly or a breach of the criminal law. It is sufficient if its natural consequence would, if persisted in, be to provoke others to violence, and so some actual danger to the peace is established.”
Magistrates Courts Act 1980 115 - Justice of the Peace Act
1 Cites

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Lord Advocate's Reference (No 1 of 1994) [1994] ScotHC HCJAC - 3; 1996 JC 76; 1995 SLT 248; 1995 SCCR 177
15 Dec 1994
HCJ
Lord Justice-Clerk (Ross), Lord Murray and Lord Morison
Scotland, Crime
X faced trial on charges including a culpable homicide based on an allegation of supplying amphetamines to a group including the victim, who died. X said there was no case to answer in that the chain of causation was broken because (i) the deceased actually sought the supply of the drug, and when it was obtained divided it and selected the dose which she would take; and (ii) because X did not instigate, suggest or encourage the ingestion of the drug. The Lord Advocate appealed against the rulingin X's favour.
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[ Bailii ]
 
Regina v Dealy Gazette, 16 December 1994
16 Dec 1994
CACD

VAT, Crime
The offence of VAT evasion can be proved without the need to show an intent to make a permanent default.
Value Added Tax Act 1983 3991)


 
 Beckford, Regina v; CACD 21-Dec-1994 - [1994] EWCA Crim 4
 
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