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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: 1995 To: 1995

This page lists 71 cases, and was prepared on 21 May 2019.

 
Regina v Strong [1995] Crim LR 428
1995


Crime, Road Traffic
"obvious to a careful and competent driver" refers to a dangerous state which would be "seen or realised at first glance"
Road Traffic Act 1988 2A
1 Citers



 
 Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals); CACD 1995 - [1995] Crim L R 564
 
Regina v Brookes [1995] Crim LR 630
1995
CACD

Crime

1 Citers


 
Regina v O'Sullivan [1995] 1 Cr App R 455
1995
CACD

Crime

1 Citers


 
Regina v Coles [1995] 1 Cr App R 157
1995
CACD
Hobhouse LJ
Crime
The 15 year old defendant appealed his conviction on the basis of recklessness, challenging, unsuccessfully, the rule in Caldwell. Held: Because recklessness was to be judged by the standard of the reasonable prudent man, expert evidence of the defendant's capacity to foresee the risks which would arise from his setting fire to hay in a barn had been rightly excluded and that: "unless some factor of the mental health or psychiatric state of the defendant is raised, such evidence is not admissible." The court distinguished Silcott, drawing a line between expert evidence going to the reliability of a confession and expert evidence going to mens rea.
Criminal Damage Act 1971 1(1)
1 Cites

1 Citers


 
Regina v Dryden [1995] 4 All E R 987
1995


Crime
The court considered the defence of provocation to a charge of murder. Held: "eccentric and obsessional personality traits" were mental characteristics which should have been left for the jury.
1 Citers



 
 Regina v Humphreys; CACD 1995 - [1995] 4 All ER 1008
 
Re X, Petitioner 1995 SCCR 407
1995


Crime

1 Citers


 
Regina v Shortland [1995] Crim LR 893
1995
CACD

Crime
The appellant opened two bank accounts under an assumed name. There was no direct evidence of any understanding that the provision of banking services had been or would be paid for. The judge rejected a submission of no case to answer saying that it would be an affront to commonsense to think that banking services would be provided free of charge. The jury could infer from the opening of the bank accounts that the benefit conferred would be paid for, and he directed them accordingly. Held: Appeal allowed. The matter should have been withdrawn from the jury. The inference which the jury were invited to draw was not something that they could conclude with any safety or satisfaction.
1 Citers


 
Cullen v Jardine [1995] Crim LR 668
1995
CACD
May LJ
Crime
90 trees were felled by the defendant without a licence over a period of three days. Held: May LJ: "It was entirely possible for magistrates to decide which trees were cut down illegally and which were not, and to impose penalties by reference to those findings. The mere fact that a number of issues may arise in the course of the trial does not turn one activity into two or more activities and thus render the information bad for duplicity… the question of duplicity is one of fact and degree…"
1 Citers


 
Regina v Baille (John Dickie Spellacie) [1995] 2 Cr App R 31
1995
CACD
Henry LJ
Crime
The defendant appealed his conviction for murder. The deceased had been supplying his sons with drugs. On the day in question he learned that the supplier had threatened violence against one son for buying drugs elsewhere. He was drunk. He went to the victim's house taking with him a sawn off shotgun and a cut throat razor. He found him and inflicted serious injuries with the razor. The victim ran off and he chased him and shot at him twice. The actual cause of death was material dislodged from a fence by the shot which in turn hit and killed the victim. He sought to argue provocation, in the form of a sudden and temporary loss of control triggered by hearing of the threats to his son. The judge decided that there was no evidence of such a loss of control to put to the jury. Held: The appeal succeeded. The judge's view was too restrictive. The idea under the 1957 Act was to move responsibility for deciding whether there was provocation to the jury, and away from the judge. Though the defendce might be optimistic, the court had been referred to not dissimilar cases where the jury had found provocation.
Homicide Act 1957 3


 
 Regina v Whitehouse; CACD 1995 - (1995) 1 Cr App R 420
 
Mraz v The Queen (1995) 93 CLR 493
1995

Fullagar J
Crime
(High Court of Australia) Fullagar J: "A jury which would hesitate to convict of murder may be only too glad to take a middle course which is offered to them."
1 Citers


 
Regina v Slingsby [1995] Crim LR 571
1995
Crwn
Judge J
Crime
The defendant penetrated the complainant's vagina and rectum with his hand; she suffered cuts caused by a signet ring worn by the defendant; septicaemia developed and she died. The defendant was charged with manslaughter. The judge was asked to make a ruling on whether, putting the prosecution case at its highest, the defendant should be liable to be convicted of manslaughter. It was the prosecution case that if any significant injury was a likely consequence of vigorous consensual activity and injury resulted, that would amount to an assault, although it was accepted that the act of inserting fingers or hand into the vagina or rectum for the purposes of sexual stimulation would not, if consensual, amount to an assault or any other crime. Held: Judge J said: "The difficulty with this submission was that the sexual activity to which both the deceased and the defendant agreed did not involve deliberate infliction of injury or harm and but for the coincidental fact that the defendant happened to be wearing a signet ring, no injury at all would have been caused or could have been contemplated. The question of consent to injury did not, in fact, arise because neither anticipated or considered it. At the time, all they were considering was this vigorous sexual activity. Therefore, the reality was that the deceased sustained her unfortunate injuries, not when she or the defendant were consenting to injury, but as an accidental consequence of the sexual activity which was taking place with her consent. It would be contrary to principle to treat as criminal activity which would not otherwise amount to assault merely because in the course of the activity an injury occurred."
1 Citers


 
Brawls v Walkinshaw 1995 SLT 139
1995


Scotland, Crime
The word 'detention' implies that a person was in some way kept in confinement or under restraint.
1 Citers


 
Regina v Baillie [1995] 2 CAR 31
1995


Crime
Defence of provocation to charge of murder.
1 Citers


 
Regina v Berry (No 3) [1995] 1 WLR 1
1995
CACD
Lord Taylor of Gosforth LCJ
Crime
The court considered the proof of mens rea.
1 Citers



 
 Regina v Clegg; HL 25-Jan-1995 - Gazette, 22 February 1995; Independent, 01 February 1995; Times, 25 January 1995; [1995] UKHL 1; [1995] 1 All ER 334; [1995] 1 AC 482
 
Regina v Anthony Andreas Antoniou, Timothy Redhead [1995] EWCA Crim 2; [1995] EWCA Crim 2
28 Jan 1995
CACD
Mr Justice Latham
Crime
At a directions hearing, the prosecution had failed to serve additional evidence as required. The defence were unable to settle upon their witnesses until the state of the prosecution evidence was settled.
[ Bailii ]
 
Regina v Anthony Andreas Antoniou, Timothy Redhead [1995] EWCA Crim 1
28 Jan 1995
CACD

Crime

[ Bailii ]
 
Merrick, Regina v [1995] EWCA Crim 5
2 Feb 1995
CACD

Crime

[ Bailii ]
 
Regina v Dovermoss Ltd Gazette, 15 March 1995; Times, 08 February 1995; [1995] Env L R 258
8 Feb 1995
CA

Environment, Utilities, Crime
Contamination below the maximum set limits can still be pollution. A dry watercourse is controlled water, as are streams and drains. Pollution is an ordinary English word defined in the Oxford English Dictionary as 'to make physically impure, foul or filthy, to dirty, stain, taint or re-foul'. It is therefore not necessary to show that water is harmed to show that it is polluted.
Water Resources Act 1991 85(1)
1 Citers


 
Sturrock v Director of Public Prosecutions Times, 09 February 1995
9 Feb 1995
QBD

Crime
Taking without consent of bicycle proved without evidence form actual owner.
Theft Act 1968 12-5


 
 Regina v Headley; CACD 15-Feb-1995 - Times, 15 February 1995; Gazette, 29 March 1995; (1995) Crim LR 738

 
 Criminal proceedings against Aubertin and others; ECJ 16-Feb-1995 - C-29/94; [1995] EUECJ C-29/94
 
Mills, Mills, Mills and, Mills v The Queen [1995] UKPC 6; [1995] 1 WLR 511; [1995] 3 All ER 865; [1995] Crim LR 884
20 Feb 1995
PC

Crime
(Jamaica)
[ Bailii ]

 
 Regina v Bowden (T); CACD 24-Feb-1995 - Independent, 05 April 1995; Times, 06 March 1995; [1996] 1 WLR 98; [1995] 4 All ER 505; 93/6974/X2
 
Norweb Plc v Dixon Times, 24 February 1995; [1995] 1 WLR 636
24 Feb 1995
QBD

Crime, Contract, Utilities
Electric supply was not made under a contract properly so called, and no offence was committed of harassment for payment. If there is a statutory obligation to enter into a form of agreement the terms of which are laid down, at any rate in their most important respects, there is no contract
Administration of Justice Act 1970 40(1)
1 Citers


 
Caton v Community Service Office Times, 27 February 1995
27 Feb 1995
QBD

Crime
Violent behaviour toward Community Service officer was breach of order.

 
Brady v Procurator Fiscal Stonehaven Times, 27 February 1995
27 Feb 1995
HCJ

Animals, Consumer, Crime, Scotland
Salmon is deemed to be unclean and unseasonable, when pressure on the fish is sufficient to cause it to release spawn or milt.

 
Regina v Searle, Regina v K C S Products Ltd, Regina v Borjanovic, Regina v Bye Ltd Times, 27 February 1995
27 Feb 1995
CACD

Crime, Commercial
A restriction on trading with Serbia and Montenegro was valid and enforceable.

 
Regina v Piper Times, 02 March 1995
2 Mar 1995
CACD

Crime
A false trades description indictment is to particularise the allegation and the offence.
Trade Descriptions Act 1968 14

 
Regina v Searle and Others Independent, 02 March 1995
2 Mar 1995
CACD

Crime
Regulations banning trade with Serbia and Montenegro had been validly made. Convictions for their breach were upheld.

 
Regina v F and M Dobson Ltd Times, 08 March 1995
8 Mar 1995
CACD

Consumer, Crime
Chocolate manufacturers were to take all steps possible to prevent blades in sweets. It was not a question of resonable practicality.
Food Safety Act 1990 8(2)(c)

 
Regina v Lynsey Ind Summary, 18 April 1995; Times, 12 April 1995
12 Apr 1995
CACD

Crime, Criminal Practice
Common Assault could be changed to Common Battery when tried at Crown Court. Common assault was to be construed to include battery for trial on indictment.
Criminal Justice Act 1988 40

 
Regina v Cox Ind Summary, 01 May 1995; Gazette, 12 April 1995; [1995] 2 Cr App R 513
12 Apr 1995
CA

Crime
The proviso may be applied by the Court of Appeal despite the Judge's failure to leave the issue of provocation with the jury. As a matter of law, the court in an appropriate case might apply the proviso to section 2(1) of the Criminal Appeal Act 1968, where there had been a misdirection by a failure of the judge to leave the issue of provocation to the jury.
Criminal Appeals Act 1968 2(1)
1 Cites

1 Citers


 
Regina v Walker (Steven) Ind Summary, 08 May 1995; Gazette, 03 May 1995; Times, 14 April 1995; [1995] 1 Cr App rep 111
14 Apr 1995
CA

Crime
The offence of 'Outraging public decency' involves a need for at least two witnesses and a breach of decency. There must be some possibility of an impact on the public.
1 Citers


 
Regina v O'Brien Times, 14 April 1995
14 Apr 1995
CACD

Crime
A secondary party to a murder need only know that the principal might (not would) shoot to kill.

 
Regina v Richart Times, 14 April 1995
14 Apr 1995
CA

Crime
A telephone threat is not an offence of violence despite the real apprehension of the victim.
Criminal Justice Act 1991 31(1)

 
Regina v Watts Times, 14 April 1995
14 Apr 1995
CA

Crime
Court of Appeal clearing Defendant of conspiracy to blackmail cannot substitute blackmail charge.

 
Mohd Ali Bin Burut, Ak Metassan Bin Pg Metussin And, Madtassan Bin Lamat v The Public Prosecutor [1995] UKPC 17
25 Apr 1995
PC

Crime
(Brunei Darusssalam)
[ Bailii ]
 
Kent County Council v Multi Media Marketing (Canterbury) Ltd and Another Times, 09 May 1995
9 May 1995
QBD

Crime
A computer disk containing moving pictures was liable to registration as video.
Video Recordings Act 1984 2(2)


 
 Regina v Pommell; CACD 16-May-1995 - Gazette, 13 July 1995; Ind Summary, 05 June 1995; Times, 22 May 1995; [1995] 2 Cr App R 607; [1995] EWCA Crim 7
 
Batty v Hma [1995] ScotHC HCJ - 1
19 May 1995
HCJ

Scotland, Crime

[ Bailii ]

 
 Regina v Fernandez; CACD 22-May-1995 - Ind Summary, 22 May 1995

 
 Regina v Shortland; CACD 23-May-1995 - Times, 23 May 1995; Gazette, 13 July 1995; Ind Summary, 19 June 1995; [1995] CLY 1051; [1996] 1 Cr App R 116

 
 Regina v H (Evidence: Corroboration); HL 25-May-1995 - Gazette, 21 June 1995; Independent, 26 May 1995; Times, 25 May 1995; [1995] 1 AC 596; [1995] 2 WLR 737; [1995] CLY 938

 
 Regina v Powell, Regina v Daniel; CACD 2-Jun-1995 - Times, 02 June 1995; Ind Summary, 26 June 1995

 
 Regina v Velasquez; CACD 5-Jun-1995 - Ind Summary, 05 June 1995

 
 Regina v Blackledge; Regina v Grecian; Regina v Mason; Regina v Phillips; CACD 14-Jun-1995 - Gazette, 14 June 1995

 
 Regina v Webb; CACD 19-Jun-1995 - Gazette, 13 July 1995; Ind Summary, 26 June 1995; Times, 19 June 1995
 
McAuliffe v The Queen (1995) 69 ALJR 621; [1995] HCA 37; (1995) 130 ALR 26; (1995) 183 CLR 108
28 Jun 1995


Commonwealth, Crime
Austlii (High Court of Australia) Criminal Law - Murder - Complicity - Common purpose to assault victim - Death - Direction that jury might convict if satisfied accused contemplated that intentional infliction of grievous bodily harm possible incident of joint enterprise.
1 Citers

[ Austlii ]
 
In Re Londono Times, 11 July 1995
11 Jul 1995
CA

Crime
External confiscation order of proceeds of drug trafficking enforceable in rem.

 
Regina v Humphries Independent, 11 July 1995
11 Jul 1995
CACD

Crime
A jury considering an issue of provocation can look to psychological traits of the defendant.


 
 Regina v Morhall; HL 21-Jul-1995 - Times, 21 July 1995; Gazette, 31 August 1995; [1995] 3 WLR 330; [1995] 2 CR App R 502; [1996] AC 90

 
 Regina v Harris, Regina v Cox; CACD 3-Aug-1995 - Times, 03 August 1995
 
Regina v James, SJ [1995] EWCA Crim 4
4 Oct 1995
CACD
Lord Justice Stuart-Smith, Mr Justice Mantel, Mr Justice Moses
Crime
The defendant had been accused of dangerous driving. He entered a plea of guilty to driving without due care, but that was not acceptable to the prosecution. He was acquitted of the more serious charge and the judge purported to sentence him on the plea entered. Only one charge had been on the indictment. Held: The prosecution having rejected the guilty plea, that plea became a nullity and the court could not sentence him upon it.
1 Cites

[ Bailii ]

 
 Regina v Nicol and Selvanayagam; QBD 10-Nov-1995 - [1996] Crim LR 318; [1995] Times LR 607; (1996) 160 JP 155
 
Regina v Gregory Ind Summary, 13 November 1995
13 Nov 1995
CACD

Crime
Drug trafficking orders secured against equity in a matrimonial home are to be used with care.
Drug Trafficking Act 1996

 
Regina v Smith (Wallace Duncan) (No 1) Gazette, 06 December 1995; Times, 13 November 1995; Ind Summary, 20 November 1995; [1996] 2 CAR 1; [1996] 2 Cr App R 1
13 Nov 1995
CACD
Rose J, VP
Company, Crime
In the offence of fraudulent trading, 'creditors' are those to whom money was owed, including future creditors, not just those who can presently sue. Deceptions practised in UK, but having their effect abroad are prosecutable here. The only feature of the circumstances which had occurred outside England was the transfer of funds to the bank's New York account. The court applied the comity rule to allow jurisdiction rather than the 'last act' rule. "In Sansom and others, 92 Cr App R 115, in a judgment delivered by Taylor LJ, Liangsiriprasert was applied by this court in a conspiracy case. We see no distinction, in relation to the principles of jurisdiction, between conspiracy and obtaining by deception. Accordingly the English court had jurisdiction [in this case].
Companies Act 1985 458 - Theft Act 1968 15
1 Cites

1 Citers


 
Regina v Rozeik Gazette, 15 November 1995; Times, 30 October 1995; Ind Summary, 16 October 1995
15 Nov 1995
CACD

Crime
An offence of deception of a company must include the deception of at least one authorised signatory. In this case a cheque was obtained by deception.
Theft Act 1968

 
Nicol and Another v Director of Public Prosecutions Times, 22 November 1995; [1995] 160 JP 155
22 Nov 1995
QBD
Simon Brown LJ
Crime
The defendant's behaviour complained of must be at least unreasonable if not unlawful to found a binding over for breach of the peace. Simon Brown LJ said: "the court would surely not find a s.115 complaint proved if any violence likely to have been provoked on the part of others would be not merely unlawful but wholly unreasonable -- as, of course, it would be if the defendant's conduct was not merely lawful but such as in no material way interfered with the other's rights."
Magistrates Courts Act 1980 115
1 Citers



 
 SW v The United Kingdom; CR v United Kingdom; ECHR 22-Nov-1995 - Times, 05 December 1995; [1995] 21 EHRR 363; 20166/92; [1995] ECHR 52; [1995] ECHR 52
 
Regina v Finnegan and Another Ind Summary, 27 November 1995
27 Nov 1995
CACD

Crime
The offence of making a fraudulent inducement to make a deposit was complete on the making of the fraudulent statement.
Banking Act 1987 35(1)

 
Criminal Proceedings Against Bird Times, 29 November 1995
29 Nov 1995
ECJ

Crime, European, Road Traffic
The drivers' rest period derogation was not available where exceptions had been planned and provided for.


 
 Attorney-General's Reference (No 3 of 1994); CACD 29-Nov-1995 - Times, 06 December 1995; Times, 29 November 1995; [1996] QB 581; [1997] 3 All ER 936
 
Anderson v Hma [1995] ScotHC HCJAC - 3
1 Dec 1995
HCJ

Scotland, Crime

[ Bailii ]
 
Regina v Bull Times, 04 December 1995; [1997] RTR 123
4 Dec 1995
CACD

Crime
An odometer figure which was stated on the sales slip to be wrong was not s false trade description.
Trades Descriptions Act 1968 1-1-a
1 Citers


 
Regina v Thornton (Sara) Independent, 19 December 1995; Times, 14 December 1995; Gazette, 07 February 1996; [1996] 2 All ER 1023; [1995] EWCA Crim 6; [1996] 2 Cr App R 108; [1996] 1 WLR 1174
14 Dec 1995
CACD
Lord Taylor of Gosforth LCJ
Crime
Battered women's syndrome may be a relevant characteristic in a murder trial to be taken account of when judging context of provocation.
1 Citers

[ Bailii ]
 
Docherty v Brown [1995] ScotHC HCJAC - 4
20 Dec 1995
HCJ

Scotland, Crime

[ Bailii ]

 
 Regina v Page; CACD 20-Dec-1995 - Gazette, 06 March 1996; Ind Summary, 29 January 1996; Times, 20 December 1995
 
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