Links: Home | swarblaw - law discussions

swarb.co.uk - law index


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: 1997 To: 1997

This page lists 138 cases, and was prepared on 21 May 2019.


 
 Regina v Smith; CACD 1997 - [1997] 1 Cr App R 14

 
 G v Director of Public Prosecutions; CACD 1997 - (1997) 2 Cr App R 78
 
Prosecutor v Blaskic (1997) 110 ILR 607
1997


International, Crime
(Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia) The acts of state officials acting in that capacity are not attributable to them personally but only to the state: "Such officials are mere instruments of a state and their official action can only be attributed to the state. They cannot be the subject of sanctions or penalties for conduct that is not private but undertaken on behalf of a state. In other words, state officials cannot suffer the consequences of wrongful acts which are not attributable to them personally but to the state on whose behalf they act: they enjoy so-called 'functional immunity'. This is a well-established rule of customary international law going back to the 18th and 19th centuries, restated many times since."
1 Citers



 
 Regina v Awoyomi; CACD 14-Jan-1997 - [1997] EWCA Crim 53
 
Heather Joanne Bell v Tynedale Petty Sessional Division [1997] EWHC Admin 34
20 Jan 1997
Admn

Crime
Appeal by case stated from conviction for dishonestly receiving stolen goods.
Theft Act 1968 22(1)
[ Bailii ]
 
Hai-Viet v The Queen (Hong Kong) [1997] UKPC 3
20 Jan 1997
PC
Lord Browne-Wilkinson, Lord Griffiths, Lord Lloyd of Berwick, Lord Steyn, Lord Hoffmann
Commonwealth, Crime
The defendant appealed against his conviction for murder, saying that the court should have left to the jury the possibilty of conviction for manslaughter.
[ Bailii ]

 
 Regina v A S; CACD 20-Jan-1997 - [1997] EWCA Crim 109
 
Director of Public Prosecutions v Royston Cornish [1997] EWHC Admin 47
22 Jan 1997
Admn

Crime
The prosecutor appealed by case stated against dismissal of a charge of child cruelty. The defence had successfully argued against the admission of taped interviews, saying that the defendant should have been allowed an appropriate adult. Held: The magistrates should have allowed representations from the prosecutor first before disallowing the evidence.
Children and Young Persons Act of 1933 1(1) - Police and Criminal Evidence Act 1984 76(2)(b)
[ Bailii ]

 
 Jones and Lloyd v Director of Public Prosecutions; Admn 23-Jan-1997 - Gazette, 12 February 1997; Times, 27 January 1997; [1997] EWHC Admin 55; [1997] 2 All ER 199

 
 Regina v Cooke; CACD 24-Jan-1997 - [1997] EWCA Crim 176; [1997] Crim Law Review 436

 
 Regina v Graham (L); CACD 24-Jan-1997 - [1997] EWCA Crim 182
 
Bush, Regina v [1997] EWCA Crim 202
27 Jan 1997
CACD

Crime

[ Bailii ]
 
Wyatt, Regina v [1997] EWCA Crim 231
28 Jan 1997
CACD
Auld LJ, Newman J
Crime

[ Bailii ]
 
Moss v Howdle [1997] ScotHC HCJ - 1
31 Jan 1997
HCJ

Scotland, Crime

[ Bailii ]
 
Regina v Rasool, Choudhary [1997] EWCA Crim 327; [1997] 1 WLR 1092
5 Feb 1997
CACD
Stuart Smith LJ, Forbes, Smedley JJ
Crime
The defendants appealed against convictions for conspiracy to supply a controlled drug.
1 Citers

[ Bailii ]
 
Kavanagh, R v [1997] EWCA Crim 358
7 Feb 1997
CACD

Crime

[ Bailii ]
 
Eli John James and James Chorley v Director of Public Prosecutions [1997] EWHC Admin 130
12 Feb 1997
Admn

Crime

Police Act 1964 51(3)
[ Bailii ]
 
Malashev, R v [1997] EWCA Crim 471
14 Feb 1997
CACD

Crime

[ Bailii ]
 
In the Matter of Lewis Frank Foley (Known Also As Frank Lewis Foley) and In the Matter of Harry Desmond Foley [1997] EWHC Admin 155
18 Feb 1997
Admn

Crime

Supreme Court Act 1981 42
[ Bailii ]
 
Laskey, Jaggard and Brown v The United Kingdom Times, 20 February 1997; 21826/93; 21627/93; 21974/93; [1997] 24 EHRR 39; [1997] ECHR 4
19 Feb 1997
ECHR

Human Rights, Crime
A prosecution for sado-masochist acts was a necessary invasion of privacy to protect health. The Court found no violation where applicants were imprisoned as a result of sado-masochistic activities captured on video tape when police obtained possession of them. Although all male defendants in that case consented, they were charged with assault and wounding and sentenced to imprisonment. There was no unjustifiable interference.
A criminal conviction cannot constitute an interference with the right to respect for private life under Article 8, unless there are special circumstances in a particular case calling for a different conclusion.
European Convention on Human Rights 8
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]
 
Doherty, R v Michael Patrick [1997] EWCA Crim 556
24 Feb 1997
CACD

Crime

[ Bailii ]
 
Regina v Parker [1997] EWCA Crim 573
25 Feb 1997
CACD
Otton, Butterfield LJ, Rant CB QC J
Crime
The defendant appealed his conviction for murder, saying that his defence of provocation should have been left for the jury. Held: Not following Luc, it was open to admit relevant evidence on the defendant's capacity for self-control. Having said it was admissible, what would have been its effect? The court could not decide that, and the prosecution had had no chance to test it. A retrial would be necessary.
Homicide Act 1957 3
1 Cites

1 Citers

[ Bailii ]
 
Regina v Christopher Patrick Sanders [1997] EWHC Admin 179
25 Feb 1997
Admn

Crime

[ Bailii ]
 
Stephen Chen v Director of Public Prosecutions Unreported 4th March 1997
4 Mar 1997

Rose LJ
Crime
Rose LJ said: "Whether or not an object is an offensive weapon per se is a question of fact which depends upon the whole of the evidence. It is not a matter which is or should be susceptible to a ruling as a matter of of law."
1 Citers


 
Regina v Gaetano Constanza Times, 31 March 1997; [1997] EWCA Crim 633
6 Mar 1997
CACD

Crime
An assault committed if there was fear of violence created even though it might not ne an immediate threat.
1 Citers

[ Bailii ]
 
Regina v J F Alford Transport Ltd James Alford Peter Alex Payne Gazette, 16 April 1997; Times, 31 March 1997; [1997] EWCA Crim 654
7 Mar 1997
CACD

Crime
Company ignorant of drivers falsification of records not aiding and abetting. A mere acquiescence in an act was not aiding and abetting unless some right of control had been taken.
[ Bailii ]

 
 Regina v Hilton; CACD 7-Mar-1997 - [1997] EWCA Crim 661; [1997] 2 Cr App R 445; (1997) 161 JP 459; [1997] Crim LR 761
 
Jeffries, Regina v [1997] EWCA Crim 678
10 Mar 1997
CACD

Crime

[ Bailii ]

 
 Regina v Beedie; CACD 11-Mar-1997 - [1997] EWCA Crim 714; [1997] 2 Cr App R 167; [1998] QB 356
 
James, R v [1997] EWCA Crim 718
13 Mar 1997
CACD

Crime

[ Bailii ]
 
Regina v Giles [1997] EWCA Crim 731
13 Mar 1997
CACD

Crime
The case involved an assault. The crown sought to introduce as evidence a statement made by the defendant's brother at the scene under the res gestae rule. Held: The circumstances were such as to allow admission of the evidence under the tests laid down in Andrews and Ratten.
1 Cites

1 Citers

[ Bailii ]
 
Regina v Forsyth [1997] EWCA Crim 751; [1997] 2 Cr App R 299
17 Mar 1997
CACD

Crime
Handling stolen goods - jurisdiction - acts committed abroad.
1 Citers

[ Bailii ]

 
 West Wiltshire District Council v Snelgrove and Snelgrove; Admn 17-Mar-1997 - [1997] EWHC Admin 285
 
Yearly v Crown Prosecution Service [1997] EWHC Admin 308
21 Mar 1997
Admn

Crime, Magistrates
Having closed their case, the prosecution applied for and were granted opportunity to adduce evidence in the form of certificates under section 69. Held: The court had a discretion to allow further evidence. The magistrates had correctly considered the applicable law, and applied the discretion given to them properly.
Computer Misuse Act 1990 1(1) - Police and Criminal Evidence Act 1984 69
1 Cites



 
 Valentine v Director of Public Prosecutions; Admn 24-Mar-1997 - [1997] EWHC Admin 319

 
 Lewin v Truebell Plc; Admn 24-Mar-1997 - [1997] EWHC Admin 312
 
Friend, R v [1997] EWCA Crim 816
26 Mar 1997
CACD

Crime

[ Bailii ]
 
In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin [1997] Crim LR 891; [1997] 3 All ER 289; [1997] 3 WLR 117; [1998] 1 Cr App Rep 22; [1997] UKHL 27; [1997] AC 741
10 Apr 1997
HL
Lord Goff of Chieveley, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Hutton
Crime, Extradition
The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial. Held: The Francis case did not establish that the 1984 Act did not apply to extradition procceedings, and they might also be admissible under the 1988 Act. At issue there was whether the accused had used a computer terminal to gain unauthorised access to the computerised fund transfer services of a bank in order to make fraudulent transfers of funds from accounts of clients of the bank to accounts which he controlled. Each request for a transfer was processed automatically and a record of the transaction was copied to the computer’s historical records. The printout of screen displays of these records was admissible to prove the transfers of funds they recorded. Lord Hoffman stated: “they do not assert that such transfers took place. They recorded the transfers…. The evidential status of the printouts is no different from that of a photocopy of forged cheques.”
Lord Hoffmann discussed the nature of extradition proceedings: "Finally, I think that extradition proceedings are criminal proceedings. They are of course criminal proceedings of a very special kind, but criminal proceedings nonetheless.
Both case law and the terms of the Extradition Act 1989 point to extradition proceedings being categorised as criminal. First, the cases. In Amand v. Home Secretary and Minister of Defence of Royal Netherlands Government [1943] A.C. 147 this House approved the decision of the Court of Appeal in Ex parte Alice Woodhall (1888) 20 Q.B.D. 832 that the refusal of an application for habeas corpus by a person committed to prison with a view to extradition was a decision in a 'criminal cause or matter.' It would seem to me to follow a fortiori that the extradition proceedings themselves are criminal proceedings and in Amand's case Viscount Simon L.C. said, at p 156, that the cases demonstrated that 'the matter in respect of which the accused is in custody may be "criminal" although he is not charged with a breach of our own criminal law.'
Secondly, the Extradition Act 1989. Section 9(2) and paragraph 6(1) of Schedule 1 require that extradition proceedings should be conducted "as nearly as may be" as if they were committal proceedings before magistrates. Committal proceedings are of course criminal proceedings and these provisions would make little sense if the metropolitan magistrate could not apply the normal rules of criminal evidence and procedure. The suggestion of counsel in Ex parte Francis that extradition proceedings were 'sui generis' would only make matters worse, because it would throw doubt upon whether the magistrate could apply the rules of civil evidence and procedure either."
Police and Criminal Evidence Act 1984 69 - Extradition Act 1989 - Criminal Justice Act 1988 23 24
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
In the Matter of Serif Systems Limited [1997] EWHC Admin 369
15 Apr 1997
Admn

Company, Crime
Application to set aside leave to move for judicial review and a stay of criminal proceedings.
[ Bailii ]
 
Regina v Bristol Crown Court ex parte Wilfred Holden (Blackburn) Ltd [1997] EWHC Admin 366
15 Apr 1997
Admn

Crime

[ Bailii ]
 
Gardner, R v [1997] EWCA Crim 904
15 Apr 1997
CACD

Crime

[ Bailii ]
 
Regina v Bishop's Stortford Justices ex parte Director of Public Prosecutions [1997] EWHC Admin 379
17 Apr 1997
Admn

Crime

[ Bailii ]
 
Regina v Benjamin Mark Carte, Director of Public Prosecutions [1997] EWHC Admin 377
17 Apr 1997
Admn

Crime, Police

Police Act 1964 51(4)
[ Bailii ]
 
Pointer, Regina v [1997] EWCA Crim 926; [1997] Crim LR 676
17 Apr 1997
CACD
Rose VP LJ, Stuart White, Astill JJ
Crime
Appeal against conviction for conspiracy to supply a Class A controlled drug.
[ Bailii ]
 
Regina v Hilton (Peter Arnold) Times, 18 April 1997
18 Apr 1997
CACD

Crime
A theft of a credit balance was committed when the rights of an owner of the balance were assumed.
Theft Act 1968

 
Gardner and Another, R v [1997] EWCA Crim 960
22 Apr 1997
CACD

Crime

[ Bailii ]
 
Newspaper Publishing Plc and Others [1997] EWCA Crim 987; [1997] 1 WLR 926; [1997] 3 All ER 159
25 Apr 1997
CACD
Lord Bingham of Cornhill LCJ, Latham, PooleJJ
Crime, Contempt of Court, Media

[ Bailii ]
 
Vaughan, R v [1997] EWCA Crim 1046
30 Apr 1997
CACD

Crime

[ Bailii ]
 
Regina v Lincoln Crown Court Ex Parte Jude (David Andrew) Times, 30 April 1997
30 Apr 1997
QBD

Crime, Magistrates
The explicit consent of a defendant is not required in order to be bound over to keep the peace.
Justices of the Peace Act 1361 - Justices of the Peace Act 1968

 
Regina v Highbury Corner Magistrates' Court ex parte Samuel Antonelli [1997] EWHC Admin 426
30 Apr 1997
Admn

Crime, Insolvency, Company

[ Bailii ]
 
Bolton Crown Court ex parte Robert Hogg [1997] EWHC Admin 430
1 May 1997
Admn

Crime

[ Bailii ]
 
Director of Public Prosecutions v H Times, 02 May 1997
2 May 1997
QBD

Crime
Insanity is only a valid defence to an offence requiring guilty intent. Driving with excess alcohol is not such an offence.

 
Regina v Aylesbury Justices ex parte Kitching and GBS Estates Limited [1997] EWHC Admin 452
9 May 1997
Admn

Crime, Licensing, Magistrates
The defendant had been convicted of felling trees without a licence. He claimed to have received assurances from the Forestry Commission that he would not be prosecuted. He said the prosecution was an abuse of process. The magistrates held that their jurisdiction on abuse was limited to the fairness of the procedures within the court.
Forestry Act 1967
1 Cites


 
Schot and Another, v Regina Times, 14 May 1997; [1997] 2 Cr App Rep 303; [1997] EWCA Crim 3424; [1997] 2 Cr App Rep 383
12 May 1997
CACD
Rose LJ VP, Forbes, Keene JJ
Crime, Contempt of Court
Jurors, after retirement refused to deliver a verdict claiming personal reasons. The were summoned to court to answer charges of contempt of court. Explaining the contempt proceedings that the jurors faced, the trial judge said: "[I]n so far as those two jurors are concerned . . I want them to come before this court for the direct contempt that they have shown to this court and show cause why they ought not to be fined substantial amounts of money . . That is . . show cause why you should not be fined for the deliberate contempt you have shown to this court in wasting so much of court time and leading us into this situation." The judge subsequently found both jurors guilty of contempt, concluding: "[A]ll I have to decide is having heard what the defendants have had to say and having taken account of what the jury did say to the court through their notes, I have no hesitation in saying that both defendants are guilty of a contempt of court because both of them in their own way have intentionally disrupted this entire trial by their refusal. Therefore, I hold them in contempt." Held: The appeals succeeded. The court pointed to a sequence of errors in the trial judge's approach. On the test for contempt, the court explained: "[C]ontumacious refusal to reach a verdict because of reluctance to judge another person, may, in an appropriate case, establish the actus reus of contempt, though it may be difficult or impossible to prove. The mens rea, namely an intention to impede or create a real risk of prejudicing the administration of justice, must also be proved . . This can be established by foreseeability of consequence. But the judge in the present case does not appear to have given any consideration to this, save to say ‘both of them in their own way have intentionally disrupted the entire trial by their refusal'. In the light of Barclay's evidence that she did not want to disrupt the court's process or be disrespectful towards the court, and Schot's evidence that she wanted, or had tried, to reach a verdict, this is a difficult conclusion to sustain in the absence of any finding by the judge that he rejected that evidence . ."
1 Citers

[ Bailii ]

 
 Regina v Bell; CACD 15-May-1997 - [1997] EWCA Crim 1200; 9700085Z4
 
Director of Public Prosecutions v Bignall [1997] EWHC Admin 476; [1998] 1 Cr App R 1 DC
16 May 1997
Admn
Lord Justice Pill And Mr Justice Astill
Crime
The defendant police officers had obtained information from the Police National Computer, but had used it for improper purposes. Held: The prosecution should have taken place under the 1990 Act as unauthorised access, and had not been used under the 1984 Act.
Computer Misuse Act 1990 - Data Protection Act 1984
1 Cites

1 Citers

[ Bailii ]
 
Regina v Mungroo Gazette, 25 June 1997; Times, 03 July 1997; [1997] EWCA Crim 1293
22 May 1997
CACD

Criminal Sentencing, Insolvency, Crime
A bankrupt fraudulently hiding assets from receiver can expect imprisonment even on a first offence. Two years upheld
Insolvency Act 1976 357(3)
[ Bailii ]
 
K P Warne v Director of Public Prosecutions [1997] CLY 1234; [1997] EWHC Admin 508
3 Jun 1997
Admn
Simon Brown LJ, Owen J
Crime
Appeal against conviction for possessing an offensive weapon in a public place, in this case a pickaxe handle. The magistrates had found it adapted for causing injury by the removal of the head. Held: Such an implement ould nt be held to e within the second category of weapon as set out in Williamson. The appeal succeeded.
Prevention of Crime Act 1953
1 Cites

[ Bailii ]
 
Crawford, R v [1997] EWCA Crim 1353
5 Jun 1997
CACD

Crime

[ Bailii ]
 
Director of Public Prosecutions v Bignell and Another Times, 06 June 1997; [1998] Cr App R 1
6 Jun 1997
QBD
Astill J, Pill LJ
Crime
Policemen were convicted by the stipendiary magistrate of an offence under 1990 Act. They had requested a police computer operator to obtain information from the Police National Computer about the ownership and registration of two cars for their own purposes. They had no authority to make that request or to obtain that information for that purpose. They were only permitted to make such a request for police purposes; indeed, to obtain the information, they had to misrepresent to the computer operator the purpose of their request. The computer operator acted under an authorisation from the Commissioner of the Metropolitan Police. He was authorised to use the computer to access the data on the database at the request of police officers; he was required to ascertain and log the reason for the request. The magistrate convicted the two officers of an offence under s.1. Their appeal to the Crown Court was allowed but the prosecution requested the Crown Court to state a case for the Divisional Court, stating four questions of law. They asked whether the Crown Court had been right in law to allow the appeal. Held: The Crown Court decision was upheld. The defendants had only requested another to obtain information by using the computer. The computer operator himself did not exceed his authority. His authority permitted him to access the data on the computer for the purpose of responding to requests made to him in proper form by police officers. No offence had been committed. Extracting data from computer by a person who was otherwise generally authorised to use the computer, but in this case for an unauthorised purpose, does no constitute the offence of unlawful access. The purpose of the Act was to criminalise the breaking into or hacking of computer systems to preserve the "integrity of computer systems". The defendants were characterised as persons who had "control access" (using the word "control" as a noun) "of the kind in question".
Computer Misuse Act 1990 1 17
1 Citers


 
MGN Limited v Northamptonshire County Council [1997] EWHC Admin 536
9 Jun 1997
Admn

Consumer, Media, Crime

Consumer Protection Act 1987 20(1)
[ Bailii ]
 
Regina v Debbie Blaize Gazette, 25 June 1997; Times, 12 June 1997; [1997] EWCA Crim 1411
10 Jun 1997
CACD

Criminal Sentencing, Criminal Sentencing, Crime
A defendant is to be sentenced for her actual offence not for manner in which she conducted her defence. It was wrong to increase the sentence because it was felt that she had been 'playing the race card'.
[ Bailii ]
 
Palmer v The Queen [1997] UKPC 27
16 Jun 1997
PC

Crime
(Jamaica)
[ Bailii ]
 
Litchfield, R v [1997] EWCA Crim 1470
17 Jun 1997
CACD

Crime

[ Bailii ]
 
Read v Director of Public Prosecutions [1997] EWHC Admin 578
20 Jun 1997
Admn

Crime
The defendant appealed against his conviction for being an occupier of premises used for smoking cannabis. The Appellant lived at the premises together with his common law wife and children as a family. On the facts the magistrates found that the nature, extent and degree of the Appellant's possession was sufficient to find that he was indeed the occupier of the premises. Held: The Appellant's argument on this appeal lies the very sort of legalistic submission which the Court of Appeal in Tao were so plainly concerned to deprecate. There is no doubt that the findings of facts reached here amply supported the view that this Appellant was indeed the occupier of the family home at the material time when he invited in his friends to smoke cannabis.
Misuse of Drugs Act 1971 89d)
1 Cites


 
Euro Tombesi, Santella etc C-342/94; [1997] EUECJ C-342/94
25 Jun 1997
ECJ
G.F. Mancini, P
European, Environment, Crime
ECJ (Environment And Consumers) Waste - Definition - Council Directives 91/156/EEC and 91/689/EEC - Council Regulation (EEC) No 259/93
Council Regulation (EEC) No 259/93 - Council Directive 91/156/EEC - Council Directive 91/689/EEC
1 Citers

[ Bailii ]
 
Groves, Regina v [1997] EWCA Crim 1571
26 Jun 1997
CACD

Crime

[ Bailii ]
 
Brewster, Regina v [1997] EWCA Crim 3421
27 Jun 1997
CACD

Crime

[ Bailii ]
 
Regina v Burton Upon Trent Justices and Crown Court At Stafford ex parte Andrew Peter Smith [1997] EWHC Admin 620
2 Jul 1997
Admn

Crime

[ Bailii ]
 
Seale, R v [1997] EWCA Crim 1677
3 Jul 1997
CACD

Crime

[ Bailii ]
 
Regina v Kidd, Moore, and Haward [1997] EWCA Crim 1676; [1998] 1 WLR 604
3 Jul 1997
CACD
Lord Bingham of Cornhill CJ
Crime
A person cannot be lawfully punished for offences for which he has not been indicted and which he has denied or declined to admit and have not been proved.
1 Citers

[ Bailii ]
 
Director of Public Prosecutions v Hynde [1997] EWHC Admin 626; [1998] 1 Cr App R 288
3 Jul 1997
Admn

Crime
A butterfly knife is an offensive weapon per se in that it is made for use for causing injury to the person.
Prevention of Crime Act 1953 1
1 Citers

[ Bailii ]

 
 Regina v Adebayo; CACD 7-Jul-1997 - [1997] EWCA Crim 1733
 
Regina v Ipswich Magistrates' Court ex parte Badibanga [1997] EWHC Admin 638
7 Jul 1997
Admn

Crime, Judicial Review

[ Bailii ]

 
 Regina v Rodger, Rose; CACD 9-Jul-1997 - Times, 30 July 1997; [1997] EWCA Crim 1760; [1998] 1 Cr App Rep 143
 
Director of Public Prosecutions v Goodfellow [1997] EWHC Admin 653
9 Jul 1997
Admn

Crime

[ Bailii ]
 
Regina v Sui Soi Ngan Times, 24 July 1997; Gazette, 03 September 1997; [1997] EWCA Crim 1816
11 Jul 1997
CACD

Crime
A cheque drawn on funds which the defendant knew to have been mistakenly credited were not stolen when the cheque was drawn and sent to Scotland but on the presentation of the cheque to his bankers in England.
Theft Act 1968 3
[ Bailii ]
 
Jackson and Others, R v [1997] EWCA Crim 1788
11 Jul 1997
CACD

Crime

[ Bailii ]

 
 Regina v Dawson, Dawson; CACD 14-Jul-1997 - [1997] EWCA Crim 1825
 
Regina v Thomas [1997] EWCA Crim 1824
14 Jul 1997
CACD

Crime, Criminal Sentencing
The defendant appealed his conviction and sentence for possession, and possession with intent to supply. He had been stopped on entering a night club. The first ground related to the apparent arrest of a defence witness at court, in such a manner as to prejudice the jury's view of his evidence. No evidence was before the appeal court on that point. The summing up was criticised as to the description of the intent required. That criticism was unfounded. The sentence of four years stood. He had been intending to sell ecstasy in a night club.
[ Bailii ]

 
 Regina v Williamson; CACD 15-Jul-1997 - [1997] EWCA Crim 1840

 
 Regina v Gellatly, JR; CACD 22-Jul-1997 - [1997] EWCA Crim 1943
 
Bett v Hamilton (Aka Bett v Brown) [1997] ScotHC HCJ - 3
23 Jul 1997
HCJ

Scotland, Crime

[ Bailii ]

 
 Dunbar (As Administrator of Tony Dunbar Deceased) v Plant; CA 23-Jul-1997 - Gazette, 24 September 1997; [1997] EWCA Civ 2167; [1997] 4 All ER 289; [1998] Ch 412; [1997] 3 WLR 1261; [1998] 1 FLR 157; [1998] Fam Law 139; [1997] 3 FCR 669

 
 Regina v Burstow, Regina v Ireland; HL 24-Jul-1997 - [1997] UKHL 34; [1998] 1 Cr App Rep 177; [1998] AC 147; [1997] 4 All ER 225; [1997] 3 WLR 534

 
 Attorney-General's Reference (No 3 of 1994); HL 24-Jul-1997 - Gazette, 24 September 1997; [1998] 1 Cr App Rep 911; [1997] UKHL 31; [1998] AC 245; [1997] 3 All ER 936; [1997] 3 WLR 421; [1997] Crim LR 829; Times, 25 July 1997

 
 Regina v Qadir, Khan; CACD 25-Jul-1997 - [1997] EWCA Crim 1971
 
Culmer v The Queen [1997] UKPC 43; [1997] 1 WLR 1296
29 Jul 1997
PC

Commonwealth, Crime
(Bahamas) Section 325 prevailed as the leading provision in the Code relating to the defence of provocation in The Bahamas.
Penal Code of The Bahamas 1987 325
1 Citers

[ Bailii ]
 
Regina v Knightsbridge Crown Court ex parte Brookner [1997] EWHC Admin 728
29 Jul 1997
Admn

Crime

[ Bailii ]

 
 MGN Ltd v Ritters; QBD 30-Jul-1997 - Times, 30 July 1997
 
Matrix, Regina v [1997] EWCA Crim 2058
4 Aug 1997
CACD

Crime

[ Bailii ]
 
Miller, Regina v [1997] EWCA Crim 2087
8 Aug 1997
CACD

Crime

[ Bailii ]
 
Harter, Regina v [1997] EWCA Crim 2142
21 Aug 1997
CACD

Crime

[ Bailii ]

 
 Regina v Travers; CACD 28-Aug-1997 - Gazette, 28 August 1997
 
AP MP and TP v Switzerland 19958/92; (1997) 26 EHRR 541; [1997] ECHR 50; [1997] ECHR 50
29 Aug 1997
ECHR

Human Rights, Taxes Management, Crime
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-2; Not necessary to examine Art. 6-1; Not necessary to examine Art. 6-3; Costs and expenses award - Convention proceedings
Fines were imposed on the applicants in respect of tax evasion by their late husband and father. The Court reaffirmed the three criteria to be taken into account for the purposes of classification and reiterated that the concept of "criminal charge" within the meaning of Article 6 is an autonomous one. Reference was made to the nature and severity of the penalty risked, and found that the fines were not inconsiderable. Held: As regards the nature of the offence, tax legislation lays down certain requirements, to which it attached penalties in the event of non-compliance. The penalties, taking the form of fines, are not intended as pecuniary compensation for damages but are essentially punitive and deterrent in nature. As regards the classification of the proceedings under national law, the Court attaches weight to the findings of the highest court in the land, the Federal Court, in its judgment in this case, that the fine in question was 'penal' in character and depended on the 'guilt' of the offending taxpayer. Having regard to the above Article 6 was applicable nder its criminal head. Inheritance of the guilt of the dead is not compatible with the standards of criminal justice in a society governed by the rule of law.
European Convention on Human Rights 6
1 Citers

[ Bailii ] - [ Bailii ]
 
Toole, Regina v [1997] EWCA Crim 2163
2 Sep 1997
CACD

Crime

[ Bailii ]

 
 Regina v James; CACD 10-Sep-1997 - Times, 02 October 1997; Gazette, 10 September 1997
 
Garyfallou Aebe v Greece [1997] ECHR 74; 18996/91; [1997] ECHR 74
24 Sep 1997
ECHR

Human Rights, Crime
The fact that only a fine was imposed did not prevent an allegation being one of a criminal offence.
1 Citers

[ Bailii ] - [ Bailii ]
 
Simmonds v The Queen (Jamaica) [1997] UKPC 48
13 Oct 1997
PC

Crime

[ Bailii ]
 
Director of Public Prosecutions v Goodfellow [1997] EWHC Admin 864
13 Oct 1997
Admn

Crime

[ Bailii ]

 
 Huntingdon Life Sciences Limited v Curtin; Watson; British Union for Abolition of Vivisection; Animal Liberation Front; Animal Rights Coalition and London Animal Action; CA 15-Oct-1997 - Times, 11 December 1997; [1997] EWCA Civ 2486
 
Alleyne-Forte v The Attorney General of Trinidad and Tobago and others [1997] UKPC 49
20 Oct 1997
PC
Lord Nicholls of Birkenhead, Lord Steyn, Lord Hope of Craighead, Lord Clyde, Lord Hutton
Constitutional, Crime
(Trinidad and Tobago) The appellant had parked his car away from the kerb, and it had been towed away under the regulations. He challenged the validity of the regulations, which charged a high fee for storage and restoration, claiming that this dedprived him of his right to a fair hearing. Held: The removal of a car parked illegally, and the temporary loss of use of the car, cannot be regarded as a constitutional infringement. Nor can the obligation to pay a reasonable, statutorily-prescribed sum by way of removal and custody charges. The board complained that such a matter might be allowed to get this far.
1 Cites

[ Bailii ]

 
 Regina v Morris; CACD 22-Oct-1997 - Times, 13 November 1997; Gazette, 12 November 1997; [1997] EWCA Crim 2564

 
 Regina v Manning; CACD 22-Oct-1997 - [1997] EWCA Crim 2562; [1998] Crim LR 198
 
Regina v Dorchester Crown Court ex parte Mihai Marchis [1997] EWHC Admin 911
22 Oct 1997
Admn

Crime, Agriculture

[ Bailii ]
 
Regina v St Albans Magistrates' Court ex parte Ponnampalam [1997] EWHC Admin 921
23 Oct 1997
Admn

Crime

[ Bailii ]

 
 Regina v Kevan Borthwick; CACD 27-Oct-1997 - [1997] EWCA Crim 2656
 
Clayton and Another, Regina v [1997] EWCA Crim 2684
28 Oct 1997
CACD

Crime

[ Bailii ]

 
 Regina v Powell (Anthony) and Another; Regina v English; HL 30-Oct-1997 - Times, 31 October 1997; [1997] UKHL 45; [1997] 4 All ER 545; [1999] AC 1; [1997] 3 WLR 959; [1998] Crim LR 48; [1998] 1 Cr App Rep 261; [1997] UKHL 57
 
Regina v Manchester Crown Court ex parte Wallwork [1997] EWHC Admin 961
31 Oct 1997
Admn

Crime

[ Bailii ]
 
Regina v Tiwana [1997] EWCA Crim 2806
4 Nov 1997
CACD

Crime
The defendant appealed his convictions for false imprisonment and otherwise. He said that the judge had given an inadequate Lucas direction as regards lies he admitted having told. Held: The Crown were not relying upon a lie on some separate and distinct issue as evidence on which the jury might decide the case against the appellant. The judge would not reasonably envisage that there is a real danger that the jury were going to conclude that a lie in relation to a separate and distinct issue would provide evidence of guilt. The full Lucas direction was therefore not necessary.

 
HM Attorney General v David Francis Bennett and Anne Margaret Bennett [1997] EWHC Admin 970
4 Nov 1997
Admn

Crime

[ Bailii ]
 
Duhaney and Another, Regina v [1997] EWCA Crim 2826
5 Nov 1997
CACD

Crime

[ Bailii ]
 
Regina v Knightsbridge Crown Court ex parte Felix [1997] EWHC Admin 983
6 Nov 1997
Admn

Crime

[ Bailii ]
 
Knight and Another, Regina v [1997] EWCA Crim 2874
7 Nov 1997
CACD

Crime

[ Bailii ]

 
 Regina v Densu; CACD 7-Nov-1997 - Gazette, 14 January 1998; Times, 10 December 1997; [1997] EWCA Crim 2864; [1998] 1 Cr App R 400
 
Inspirations East Limited v Dudley Metropolitan Borough Council [1997] EWHC Admin 1000
11 Nov 1997
Admn

Consumer, Crime

[ Bailii ]
 
Roberts and Others, Regina v [1997] EWCA Crim 3013
20 Nov 1997
CACD

Crime

[ Bailii ]
 
Regina v Blackburn Justices ex parte John James Kyle [1997] EWHC Admin 1033
21 Nov 1997
Admn

Crime

[ Bailii ]
 
Lovell and Bayliss (a Minor) v Director of Public Prosecutions [1997] EWHC Admin 1047
26 Nov 1997
Admn

Crime

Sexual Offences Act 1956 14(1)
[ Bailii ]
 
Osinuga v Director of Public Prosecutions Times, 26 November 1997; 162 JP 120; 30 HLR 853; [1998] Crim LR 216
26 Nov 1997
QBD

Crime
False information which was provided in a Housing Benefit application form would be used in accounting and constitutes false accounting.
Theft Act 1968 817
1 Citers



 
 Regina v Klass; CACD 27-Nov-1997 - Gazette, 08 January 1998; Times, 17 December 1997; [1997] EWCA Crim 3072
 
Randhawa, Regina v [1997] EWCA Crim 3088
28 Nov 1997
CACD

Crime

[ Bailii ]
 
Wadham Kenning Motor Group Limited v Brighton and Hove Council (the Successor In Title the East Sussex County Council) [1997] EWHC Admin 1084
3 Dec 1997
Admn

Consumer, Crime

[ Bailii ]
 
Regina v Knightsbridge Crown Court ex parte Hobin Abdillahi [1997] EWHC Admin 1099
5 Dec 1997
Admn

Crime

[ Bailii ]
 
Regina v Liverpool Magistrates' Court ex parte 'A' [1997] EWHC Admin 1100
5 Dec 1997
Admn

Crime

Drug Trafficking Offences Act 1986
[ Bailii ]

 
 Regina v Martin and White; CACD 8-Dec-1997 - [1997] EWCA Crim 3215; [1998] 2 Cr App R 385
 
Daley v The Queen [1997] UKPC 58; [1998] 1 WLR 494
8 Dec 1997
PC

Commonwealth, Crime
(Jamaica) Whether murder was a capital murder under Jamaican legislation. The board explained the effect of s2(2) of the Act. Where two or more persons are found guilty of any of the categories of murder referred to in subsection (1) – except that referred to in paragraph (e), which refers to murder committed pursuant to an arrangement whereby money passes as consideration for causing or assisting in causing a person's death – one or other of three additional tests must be satisfied before any of them can be found guilty of capital murder. These are (1) that the person by his own act caused the death of the person murdered; (2) that the person inflicted or attempted to inflict grievous bodily harm on the person murdered; and (3) that the person himself used violence on the person murdered in the course or furtherance of an attack on that person. It is necessary for the trial judge in a case where two or more persons are accused of capital murder, except that of the kind mentioned in paragraph (e) of section 1(1), to give a direction about the application to the case of section 2(2).
Offences against the Person Act 1864 2(2)
1 Citers

[ Bailii ]

 
 Regina v Duhaney; Regina v Stoddart; CACD 9-Dec-1997 - Times, 09 December 1997
 
Vigon v Director of Public Prosecutions Times, 09 December 1997; [1998] 162 JPR 115
9 Dec 1997
QBD

Crime
Using a hidden video camera, passively to film women in changing rooms, was an act of the camera owner, and constituted the insulting behaviour offence.
Public Order Act 1986 5
1 Citers



 
 Regina v Stone; CACD 10-Dec-1997 - Times, 10 December 1997
 
Regina v Knightsbridge Crown Court ex parte Olugbe Miniyi Ijaola [1997] EWHC Admin 1118
11 Dec 1997
Admn

Crime

[ Bailii ]

 
 Regina v Martens; CA 15-Dec-1997 - [1997] EWCA Civ 2995

 
 Regina v Roberts and Others; CACD 16-Dec-1997 - Times, 16 December 1997; Gazette, 08 January 1998
 
Avis and Others, Regina v [1997] EWCA Crim 3355
16 Dec 1997
CACD

Crime

[ Bailii ]
 
Regina v Burton on Trent Justices ex parte Charles Geoffrey Ashleigh Nicholson [1997] EWHC Admin 1152
17 Dec 1997
Admn

Crime

[ Bailii ]

 
 Regina v Elliott; CACD 22-Dec-1997 - [1997] EWCA Crim 3419
 
Swaby v the Queen (Bahamas) [1997] UKPC 68; [1997] UKPC 68
22 Dec 1997
PC
Lord Goff of Chieveley Lord Lloyd of Berwick Lord Nolan Lord Hope of Craighead
Crime
The applicant appealed a conviction for murder, attempted murder and robbery. He had given a confession, and had been identified by eye witnesses. He applied for other statements to be admitted, but this was refused at trial. He claimed that the admission was involuntary and inadmissible. The police denied that he had been beaten, but evidence was brought, including from the magistrate who first saw him, that he had been beaten. Held: The crown failed to discharge the burden on them to establish that the admissions were given voluntarily. Without the admission, there was no sufficient other evidence.
[ Bailii ]
 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.