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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: 2001 To: 2001

This page lists 293 cases, and was prepared on 21 May 2019.

 
Regina v Eifinger [2001] EWCA Crim 1855
2001
CACD

Crime
The defendant had killed a publican, for whom he had worked and who was a friend. The defence of diminished responsibility was rejected by the jury and he was convicted of murder. On appeal there was no complaint about the terms of the summing up, but it was argued that the conviction was unsafe. Held. The appeal failed. The Court noted that the views of the doctors had been based on statements given to them by the defendant alone and so were not entirely independent. The jury had evidence about the circumstances surrounding the killing and the defendant's actions afterwards which explained its verdict.
1 Citers


 
Regina v Ruzic (2001) 153 CCC (3d) 1
2001


Crime
(Canada) "Verification of a spurious claim of duress may prove difficult. Hence, courts should be alive to the need to apply reasonable, but strict standards for the application of the defence."
1 Citers


 
Regina v El-Kurd [2001] Crim L R 234
2001
CACD
Latham LJ
Crime
The defendants had been charged with four conspiracies, each of which was indicted as a conspiracy to commit offences under the 1994 Act on the one hand and under the 1988 Act on the other. The crown accepted that for a conviction for the laundering of the proceeds of drug trafficking, it was necessary to prove that the money was in fact the proceeds of drug crime. Held: The wording of each alternative depended upon whether the property was the proceeds of drug trafficking or criminal conduct.
Drug Trafficking Act 1994 49(2)(b) - Criminal Justice Act 1988 93C(2)
1 Citers


 
Attorney General's Reference No 4 of 2000 [2001] EWCA Crim 780; [2001] 2 Cr App R 2
2001
CACD
Lord Woolf CJ
Crime, Road Traffic
Lord Woolf CJ reaffirmed that the test for dangerous driving was an objective one: "Section 2A sets out a wholly objective test. The concept of what is obvious to a careful driver places the question of what constitutes dangerous driving within the province of the jury. It is the jury who should set the standard as to what is or what is not dangerous driving."
1 Citers


 
Regina v Keane [2001] FSR 63
2001
CACD

Crime, Intellectual Property

Trade Marks Act 1994 92
1 Cites

1 Citers


 
Pratt v Director of Public Prosecutions [2001] EWHC Admin 483
2001
Admn

Crime

Protection from Harassment Act 1997
1 Citers



 
 Regina v Maxwell-King; CACD 2-Jan-2001 - Times, 02 January 2001; Gazette, 25 January 2001
 
W, Regina v [2001] EWCA Crim 32
12 Jan 2001
CACD

Crime

[ Bailii ]
 
Jenkins, Regina v [2001] EWCA Crim 242
12 Jan 2001
CACD

Crime

[ Bailii ]
 
Hickman, Regina v [2001] EWCA Crim 239
12 Jan 2001
CACD

Crime

[ Bailii ]
 
Spear and Others, Regina v [2001] EWCA Crim 2
15 Jan 2001
CACD

Crime

[ Bailii ]
 
A, Regina v (No 2) [2001] EWCA Crim 4
15 Jan 2001
CACD

Crime

[ Bailii ]
 
Regina v Tracy Kyte [2001] EWCA Crim 1753
15 Jan 2001
CACD

Crime

[ Bailii ]
 
Regina v Quang Van Bu [2001] EWCA Crim 1752
15 Jan 2001
CACD

Crime

[ Bailii ]
 
C, Regina v [2001] EWCA Crim 57
17 Jan 2001
CACD

Crime

[ Bailii ]
 
Hoekstra and Van Rijs etc v Her Majesty's Advocate [2001] ScotHC 1
18 Jan 2001
HCJ
Lord Justice General and Lord Philip and Lord Weir
Scotland, Crime

1 Cites

1 Citers

[ Bailii ] - [ ScotC ]
 
Hardwick, Regina v [2001] EWCA Crim 369
23 Jan 2001
CACD

Crime

[ Bailii ]
 
Krishna Jairam, Ramsingh Persad v The State [2001] UKPC 2; Appeal No 4 of 2000
24 Jan 2001
PC

Commonwealth, Crime
Trinidad and Tobago
[ Bailii ] - [ PC ]
 
Herbert Ferguson v The Attorney General of Trinidad and Tobago [2001] UKPC 3; Appeal No 11 of 2000
24 Jan 2001
PC

Commonwealth, Crime
(Trinidad and Tobago)
[ Bailii ] - [ PC ]
 
Howard, Re Drug Trafficking Act 1994 [2001] EWCA Civ 47
24 Jan 2001
CA

Crime

Drug Trafficking Act 1994
[ Bailii ]
 
Regina v Lummes and Carl Richard Adams [2001] EWCA Crim 1754
25 Jan 2001
CACD

Crime

[ Bailii ]
 
George Moore v The State [2001] UKPC 4
29 Jan 2001
PC
Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Clyde, Lord Scott of Foscote, Sir Murray Stuart Smith
Crime, Commonwealth
(Trinidad and Tobago) The defendant appealed a conviction for murder. It was said the judge misdirected the jury on the defence of insanity, drawing a false distinction between medical and legal insanity. Though attempts had been made to cure the defect, it remained substantial and confusing. The judge also misdirected the jury as to the standard of diminished responsibility. Appeal allowed, and a conviction for manslaughter was substituted.
1 Cites

[ Bailii ] - [ PC ] - [ PC ]
 
Dunne, Regina v [2001] EWCA Crim 169
29 Jan 2001
CACD

Crime

[ Bailii ]
 
Her Majesty's Advocate v Abdelbaset Ali Mohmed Al Megrahi and Al Amin Khalifa Fhimah
31 Jan 2001
HCJ
Lord Sutherland And Lord Coulsfield And Lord Maclean
Scotland, Crime

1 Cites

1 Citers

[ ScotC ]
 
Procurator Fiscal (Glasgow) v Morrison [2001] ScotSC 4
31 Jan 2001
ScSf
Sheriff J.A. Taylor
Scotland, Crime

[ Bailii ]
 
David Alexander Kerr v Her Majesty's Advocate
1 Feb 2001
HCJ
Lord Cameron of Lochbroom and Lord Carloway and Lord McCluskey
Scotland, Crime

[ ScotC ]
 
Drury v Her Majesty's Advocate [2001] ScotHC HCJAC - 121
2 Feb 2001
HCJ

Scotland, Crime

[ Bailii ]
 
Stuart Drury v Her Majesty's Advocate
2 Feb 2001
HCJ
Lord Cameron of Lochbroom and Lord Johnston and Lord Nimmo Smith and Lord Mackay of Drumadoon and Lord Justice General
Scotland, Crime

[ ScotC ]
 
S, Regina v [2001] EWCA Crim 167
2 Feb 2001
CACD

Crime

[ Bailii ]
 
Alps, Regina v [2001] EWCA Crim 218
2 Feb 2001
CACD

Crime

[ Bailii ]
 
Kelly and Another, Regina v [2001] EWCA Crim 170
6 Feb 2001
CACD

Crime

[ Bailii ]
 
Karen Marie Anderson v Procurator Fiscal, Glasgow
8 Feb 2001
HCJ
Lord Prosser and Lord Bonomy and Lord Cowie
Scotland, Crime

[ ScotC ]

 
 Regina v White; CACD 14-Feb-2001 - Times, 13 March 2001; [2001] EWCA Crim 216; [2001] 1 WLR 1352
 
Regina v Alden and Stafford Wright [2001] EWCA Crim 296
15 Feb 2001
CACD
Kennedy Justice Henriques Justice Owen
Crime

[ Bailii ]
 
Peter Thomas Smith v Her Majesty's Advocate
15 Feb 2001
HCJ
Lord Coulsfield and Lord Cowie and Lord MacLean
Scotland, Crime

[ ScotC ]
 
CS and Another, Regina v [2001] EWCA Crim 339
15 Feb 2001
CACD

Crime

[ Bailii ]
 
B, Regina v [2001] EWCA Crim 1104
16 Feb 2001
CACD

Crime
Appeal from conviction for arson
[ Bailii ]
 
Her Majesty's Advocate v D.P. and S.M. [2001] ScotHC 115
16 Feb 2001
HCJ

Scotland, Crime

[ Bailii ]
 
Regina v Vincent [2001] EWCA Crim 295; [2001] 1 WLR 1172
16 Feb 2001
CACD

Crime
The defendant appealed from his conviction for making off without payment from two hotels he had stayed at.
Theft Act 1978 3(1)
[ Bailii ]
 
Gourlay v Her Majesty's Advocate [2001] ScotHC 6
16 Feb 2001
HCJ
Lord Coulsfield and Lord Cowie and Lord MacLean
Crime

[ Bailii ]
 
Link Stores Ltd v Harrow London Borough Council Gazette, 22 March 2001; Times, 18 February 2001
18 Feb 2001
QBD

Crime, Consumer
The intention of the section was to catch those traders who sought to change the price of goods after a customer had been persuaded to enter into a purchase. Where a shop made a promise to refund the difference between the price offered and the price of similar goods available elsewhere, but failed to meet that promise, the section did not bite.
Consumer Protection Act 1987 20(2)

 
Regina v Director of Public Prosecutions Times, 20 February 2001
20 Feb 2001
QBD

Crime
Where a person was put in fear of violence but the violence was directed elsewhere, that could still found an allegation, but the complainant would have to give direct evidence that she had been put in fear, and it would still have to be shown that the defendant could have expected to cause fear. The court had to look at each set of circumstances and the Act. Parliament could not legislate for each set of circumstances.
Protection from Harassment Act 1997

 
Her Majesty's Advocate v Stephen Robert Kelly
20 Feb 2001
HCJ
Lord Mackay of Drumadoon
Scotland, Crime

[ ScotC ]
 
Chatroodi, R. v [2001] EWCA Crim 585
21 Feb 2001
CACD

Crime

[ Bailii ]
 
Regina v Hibberd [2001] 2 NZLR 211
22 Feb 2001


Commonwealth, Crime
(Court of Appeal, New Zealand) The defendant was charged with offences of indecent assault against children. Certain Acts would have constituted more serious assaults, but were cot charged as such being time barred.
1 Citers

[ Austlii ]
 
Regina v Brock; Regina v Wyner Gazette, 22 February 2001
22 Feb 2001
CACD

Crime
The offence of knowingly permitting premises to be used for the supply of controlled drugs was proved by establishing actual knowledge of drug dealing, or willful blindness as to such activities on the premises, and an unwillingness to prevent it. Unwillingness could be established by showing that the defendants had failed to take reasonable and readily available steps to prevent the dealing in drugs.
Misuse of Drugs Act 1971

 
Derek Michael Lappin v Procurator Fiscal, Ayr
23 Feb 2001
HCJ
Lord Bonomy and Lord Cowie and Lord Prosser
Scotland, Crime

[ ScotC ]
 
Regina v Jose Dos Santos Rodrigues [2001] EWCA Crim 444
28 Feb 2001
CACD

Crime

[ Bailii ]
 
Interlocutory Appeal Pursuant To Section 9; of Criminal Justice Act, 1987 [2001] EWCA Crim 442
28 Feb 2001
CACD

Crime

[ Bailii ]

 
 Regina v Morgan; CACD 28-Feb-2001 - [2001] EWCA Crim 445
 
Matthew Jack Welsh Morrison v Procurator Fiscal, Ayr
1 Mar 2001
HCJ
Lord Coulsfield and Lord Hamilton and Sir G.H. Gordon, Q.C.
Scotland, Crime

[ ScotC ]
 
McGrory v Procurator Fiscal, Kirkcaldy
1 Mar 2001
HCJ
Lord Coulsfield and Lord Hamilton and G.H. Gordon, Q.C.
Scotland, Crime

[ ScotC ]
 
Khan, Regina v [2001] EWCA Crim 486
6 Mar 2001
CACD

Crime
Appeal from conviction for wounding with intent to do grievous bodily harm and doing an act tending to pervert the course of justice.
[ Bailii ]

 
 I v Director of Public Prosecutions etc; HL 8-Mar-2001 - Times, 09 March 2001; Gazette, 17 May 2001; [2001] 2 All ER 583; [2001] 2 WLR 765; [2001] UKHL 10; (2001) 165 JPN 506; [2001] 2 Cr App R 14; (2001) 165 JP 437; [2002] 1 AC 285
 
James Baird Crombie v Procurator Fiscal, Kirkcaldy
8 Mar 2001
HCJ
Lord Bonomy and Lord Cowie and Lord Prosser
Scotland, Crime

[ ScotC ]
 
Saif, Regina v [2001] EWCA Crim 541
8 Mar 2001
CACD

Crime

[ Bailii ]
 
Gary Follen v Her Majesty's Advocate DP No. 1 of 2000; [2001] UKPC D2
8 Mar 2001
PC
Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Millett
Scotland, Crime, Human Rights
PC High Court of Justiciary (Scotland) The defendant said that a trial under the section infringed his right to a fair trial, because of a ten month delay by the prosecutor. On arrest he had been recalled to serve the remainer of a sentence, and served longer than the 110 day maximum before his case came to trial. Held: Upon re-arrest he was serving the time under earlier sentence. The defendant had raised the devolution issue only at this stage. The Committee had itself no original jurisdiction to hear such a complaint. Following Montgomery, it had to be heard first in the High Court of Justiciary. In this case, the court refusing leave to appeal would have avoided much difficulty by giving reasons for its refusal.
Where the Appeal Court refused leave without giving reasons, the Board might find it difficult to appreciate that a petition for special leave to appeal was without merit from the information given on paper by the petitioner.
Misuse of Drugs Act 1971 4(3)(b)
1 Cites

1 Citers

[ PC ] - [ PC ] - [ Bailii ]
 
Regina v North [2001] EWCA Crim 544
9 Mar 2001
CACD

Crime

[ Bailii ]
 
S, R v [2001] EWCA Crim 743
12 Mar 2001
CACD

Crime

[ Bailii ]
 
Regina v Vincent Times, 13 March 2001; Gazette, 05 April 2001
13 Mar 2001
CACD

Crime
Where a hotel guest achieved an arrangement with the hotel management, so that they did not expect payment as he left, that was enough to defeat an allegation that he had made off without payment. This applied even if the agreement was obtained by deception. The section permitted no analysis of the motives or beliefs underlying the agreement which set aside the normal expectation.
Theft Act 1978 3

 
Regina v Colchester Justices Ex Parte Abbott Times, 13 March 2001; Gazette, 12 April 2001
13 Mar 2001
QBD

Magistrates, Crime
When calculating the value of damage for the purpose of deciding whether an allegation of criminal damage could be referred to the Crown Court, the damage was the replacement value and not the consequential losses. An activist was accused of damaging genetically engineered crops. The replacement value was £750, but the consequential losses amounted to over £5000. It was triable only at the Magistrates Court.
Criminal Damage Act 1971 - Magistrates Courts Act 1980 22

 
Regina v Leon Cameron [2001] EWCA Crim 562
13 Mar 2001
CACD

Crime

[ Bailii ]
 
Regina v Gary Daryl Bailey, Lee George David Keith Brewin and Ramesh Gangji [2001] EWCA Crim 733
15 Mar 2001
CACD

Crime

[ Bailii ]

 
 Smalling v Regina; PC 20-Mar-2001 - [2001] UKPC 12; (Appeal No 45 of 2000); [2001] 4 LRC 307

 
 Alden, Regina v; CACD 20-Mar-2001 - [2001] EWCA Crim 3041

 
 Regina v Langley; CACD 21-Mar-2001 - [2001] EWCA Crim 732
 
Regina v John Joseph Croad [2001] EWCA Crim 644
21 Mar 2001
CACD

Crime

[ Bailii ]
 
Regina v David Patrick Kimber [2001] EWCA Crim 643
21 Mar 2001
CACD

Crime

[ Bailii ]
 
Department of Trade and Industry v Cedenio Times, 22 March 2001
22 Mar 2001
QBD

Commercial, Crime
The provisions of the Act which required the owner of a business to be identified, were satisfied by the owner of the business signing his name on correspondence. The Act could not be read so as to require the addition of some phrase such as 'trading as' Similarly there was no requirement to add an explicit statement that a particular address was an address for service.
Business Names Act 1985 4(1) 4(6)

 
Regina v Evans and Jonathan Caffrey [2001] EWCA Crim 730
22 Mar 2001
CACD

Crime

[ Bailii ]
 
DSG Retail Ltd v Oxfordshire County Council Times, 23 March 2001; Gazette, 11 May 2001
23 Mar 2001
QBD

Media, Consumer, Crime
A trader can commit the offence of giving a misleading price indication without the prosecution having to identify any particular goods which had been offered for sale at that particular price. The price indication could be given in any of several ways, of which stating a price at a place where a purchase was to be completed was only one. In this case an offer to beat any other price offered locally was in fact intended to be limited in ways not indicated, and there were additional undisclosed terms and conditions. The notice was part of the entire interplay between the customer and shop, and was misleading.
Consumer Protection Act 1987 20(1)

 
Her Majesty's Advocate v Michael Mac Mowat
23 Mar 2001
HCJ
Lord Osborne
Scotland, Crime

[ ScotC ]
 
Regina v Panton Times, 27 March 2001; Gazette, 11 May 2001
27 Mar 2001
CACD

Crime
In the supply of drugs, rather than possession, the defendant asserted that his consent to acting to take care of the drugs, was given only under duress. Consent was not required of both parties. Supply was to be given its ordinary meaning, and according to the context. Beyond mere transfer was required only that the recipient was in a position to make use of it. An intention to return the drugs to the person who had passed them to him was still an intention to supply.
Misuse of Drugs Act 1971 5(3)
1 Cites


 
Glennie v Her Majesty's Advocate [2001] ScotHC 13
27 Mar 2001
HCJ
Lord Cameron of Lochbroom and Lord Mackay of Drumadoon and Sir G.H. Gordon, Q.C.
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Regina v Stephen Francis Horrill v Brian Anthony Baker [2001] EWCA Crim 788
27 Mar 2001
CACD

Crime

[ Bailii ]
 
Sharkey v Her Majesty's Advocate [2001] ScotHC 14
27 Mar 2001
ScHC
Lord Cameron of Lochbroom and Lord Mackay of Drumadoon and Sir G.H. Gordon, Q.C.
Crime

[ Bailii ]
 
Sutherland v United Kingdom Times, 13 April 2001; 25186/94; [2001] ECHR 231; [2001] ECHR 234
27 Mar 2001
ECHR

Human Rights, Crime
A case before the court was struck out at the request of both parties after the coming into force, in January 2001, of the Act which equalised the ages of consent for homosexual sexual acts and heterosexual sexual acts to 16. There was no longer any risk of discriminatory prosecutions.
Hudoc Judgment (Struck out of the list) Struck out of the list (solution of the matter)
Sexual Offences (Amendment) Act 2000
[ Bailii ] - [ Bailii ]
 
Lord Advocate's Reference No 1 of 2000 By Her Majesty's Advocate Referring for the Opinion of the High Court on Points of Law (Trident) v Zelter and Roder and Moxley
30 Mar 2001
HCJ
Lord Prosser and Lord Penrose and Lord Kirkwood
Scotland, Crime

[ ScotC ]
 
Regina v Ross Times, 03 April 2001; (2001) 2 Cr App R (S)
3 Apr 2001
CACD

Crime

1 Citers


 
Regina v Ali and Ali and Ali [2001] EWCA Crim 1757
3 Apr 2001
CACD

Crime

[ Bailii ]
 
Regina v Brian James Hemmings Clark [2001] EWCA Crim 884
5 Apr 2001
CACD

Crime

[ Bailii ]
 
Regina v Allan [2001] EWCA Crim 1027; Unreported, 6 April 2001
6 Apr 2001


Crime

regulation of Investigatory Powers Act 2000
1 Citers


 
Mohammed and Johnny Richardson v The State [2001] UKPC 21; No 60 of 2000
10 Apr 2001
PC

Crime, Commonwealth
PC Trinidad and Tobago
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Regina v Cambridge University [2001] EWCA Civ 534
10 Apr 2001
CA

Crime

[ Bailii ]
 
Regina v Jan Christofides on a Reference By the Criminal Cases Review Commission [2001] EWCA Crim 906
11 Apr 2001
CACD

Crime

[ Bailii ]
 
Petition of Joseph Granger To the Nobile Officium
11 Apr 2001
HCJ
Lord Hardie
Scotland, Crime

[ ScotC ]
 
Hughes v Her Majesty's Advocate [2001] ScotHC 16
11 Apr 2001
HCJ
Lord Justice General and Lord Cameron of Lochbroom and Lady Paton
Crime

[ Bailii ] - [ ScotC ]
 
Drury and Others, Regina v [2001] EWCA Crim 975; [2001] Crim LR 84
11 Apr 2001
CACD

Crime

[ Bailii ]
 
Regina v Smethurst Times, 13 April 2001; [2002] 1 Cr App R 50
13 Apr 2001
CACD

Crime, Human Rights
As regards the offence of making indecent photographs of children, any intention of the defendant was irrelevant as to whether the photographs themselves were indecent. The defendant said he had obtained the images without any indecent intent, but only because they had a high photographic quality. The situation was different from that which obtained on a question of indecent assault. The jury's conclusion that the images were indecent and of children under 16 was all that was required. Indecency was a subjective assessment. Once the photographs came into existence the harm might already be done. Article 10.2 covered this case, the offence was sufficiently certain, and the Act was compliant.
Protection of Children Act 1978 1(1)(a) - European Convention on Human Rights 10.2
1 Citers


 
Kinnaird v Procurator Fiscal, Glasgow [2001] ScotHC 18
24 Apr 2001
HCJ
Lord Eassie and Lord Kingarth and Lord Prosser
Crime

[ Bailii ] - [ ScotC ]
 
Tommaso Palumbo v Italy 45264/99; [2001] ECHR 318; [2001] ECHR 321
26 Apr 2001
ECHR
C.L. Rozakis, President, B. Conforti, G. Bonello, V. Strážnická, P. Lorenzen, M. Fischbach, M. Tsatsa-Nikolovska
Human Rights, Crime
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
On 1 April 1992, the applicant, charged with sale of drugs (detenzione di sostanze stupefacienti a fine di spaccio), was arrested in Benevento but then released. After many adjournments, in a judgment of 9 February 1998, he was acquitted. This decision became final on 27 March 1998. He complained that he had not been given a timely trial. According to the applicant, the overall duration of the proceedings is in breach of the “reasonable time” requirement laid down in Article 6 § 1 of the Convention. The Government rejected this allegation, on the ground that several hearings were postponed either by reason of lawyers’ strikes, or because of the political elections, or finally because of the absence of some witnesses. They furthermore relied on the excessive workload of the Benevento District Court. Held: A delay in the criminal proceedings caused by a lawyers’ strike cannot be attributed to the State, whereas the period of time elapsed between the end of the strike and the new hearing is to be imputed to the conduct of the authorities. Having regard to the conduct of the authorities dealing with the case, the Court considered that an overall length of five years, eleven months and twenty-six days for one degree of jurisdiction is excessive. There has accordingly been a violation of Article 6 § 1 of the Convention.
European Convention on Human Rights 6.1
1 Citers

[ Bailii ] - [ Bailii ]
 
Manjit Singh and Jaswinder Singh v Her Majesty's Advocate
26 Apr 2001
HCJ
Lord Cameron of Lochbroom and Lord Macfadyen and Lord Weir
Scotland, Crime

[ ScotC ]
 
Scranage, R v [2001] EWCA Crim 1171
26 Apr 2001
CACD

Crime

[ Bailii ]
 
David John Chant v Her Majesty's Advocate
26 Apr 2001
HCJ
Lord Justice General and Lady Paton and Lord Weir
Scotland, Crime

[ ScotC ]
 
John Hemphill v Her Majesty's Advocate [2001] ScotHC 21
27 Apr 2001
HCJ
Lord Cameron of Lochbroom and Lord McCluskey and Lord Milligan
Scotland, Crime

1 Cites

1 Citers

[ Bailii ] - [ ScotC ]
 
Procurator Fiscal, Linlithgow v Watson and Burrows [2001] ScotHC 22
27 Apr 2001
HCJ
Lord Hamilton and Lord Milligan and Sir G.H. Gordon, Q.C.
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Hogg, Regina v [2001] NICA 22
27 Apr 2001
CANI
Carswell LCJ
Crime
Application for leave to appeal against a custody probation order
[ Bailii ]
 
Joseph, R v [2001] EWCA Crim 1195
1 May 2001
CACD

Crime

[ Bailii ]
 
Webbe and Others, Regina v [2001] EWCA Crim 1217
2 May 2001
CACD

Crime

[ Bailii ]
 
Petition To the Nobile Officium By the British Broadcasting Corporation
2 May 2001
HCJ
Lord Abernethy and Lord Justice General and Lord Kirkwood
Scotland, Crime

[ ScotC ]
 
Regina v Magee [2001] NIECA 18
3 May 2001
CANI
Carswell LCJ
Crime
The defendant appealed his conviction for several terrorist offences, saying that his confessions were obtained by violence from two interviewing police officers.
[ Bailii ]
 
Avril Cowan In Room and Place of Malcolm H Cowan v Her Majesty's Advocate [2001] ScotHC 24
3 May 2001
HCJ
Lord Coulsfield and Lord Nimmo Smith and Sir G.H. Gordon, Q.C.
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Kane v Her Majesty's Advocate [2001] ScotHC 116
4 May 2001
HCJ

Crime

[ Bailii ]
 
Wilson v Her Majesty's Advocate [2001] ScotHC 25
4 May 2001
HCJ
Lord Coulsfield and Lord Cowie and Lord Marnoch
Crime

[ Bailii ]
 
Regina v Charles Bronson [2001] EWCA Crim 1322
4 May 2001
CACD

Crime

[ Bailii ]
 
Eskdale, Regina v [2001] EWCA Crim 1159
8 May 2001
CACD

Crime

[ Bailii ]
 
Regina v Hakrar [2001] EWCA Crim 1096
9 May 2001
CACD

Crime

[ Bailii ]
 
Snooks, Regina v [2001] EWCA Crim 1470
10 May 2001
CACD

Crime

[ Bailii ]
 
Gourlay Or Dickson v Her Majesty's Advocate [2001] ScotHC 28; 2001 JC 203; 2001 GWD 16-595; 2001 SCCR 397; 2001 SLT 674
10 May 2001
HCJ
Lord Cameron of Lochbroom and Lord Hamilton and Lord Macfadyen and Lord Milligan and Lord Weir
Scotland, Crime

1 Cites

1 Citers

[ Bailii ] - [ ScotC ]
 
George Mccarron v Her Majesty's Advocate
11 May 2001
HCJ
Lord Cameron of Lochbroom and Lady Paton and Lord Justice General
Scotland, Crime

[ ScotC ]
 
McCutcheon v Her Majesty's Advocate [2001] ScotHC 30
11 May 2001
HCJ
Lord Nimmo Smith and Lord Justice General and Lord Osborne
Scotland, Crime

[ Bailii ] - [ ScotC ]

 
 Regina v Colohan; CACD 17-May-2001 - Times, 14 June 2001
 
Regina v David Breen and Samantha Jane Burton [2001] EWCA Crim 1213
17 May 2001
CACD

Crime

[ Bailii ]
 
SPC, Regina v [2001] EWCA Crim 1251
17 May 2001
CACD

Crime

[ Bailii ]
 
Regina v H (reasonable Chastisement) Times, 17 May 2001
17 May 2001
CACD

Crime, Human Rights, Children
The defence of reasonable chastisement of a child by his parent remained available despite the Human Rights Act. When directing the jury the judge must give a detailed direction requesting them to consider the nature duration and context of the act, the physical and mental consequences to the child, the age and personal characteristics of the child, and the reasons given for administering the punishment. Standards of reasonableness had changed over time, and there is no impropriety in a judge allowing for this in his directions to the jury.

 
Gordon Craig v Her Majesty's Advocate
18 May 2001
HCJ
Lord Kirkwood and Lady Cosgrove and Lord MacLean
Scotland, Crime

[ ScotC ]
 
Metcalfe, Regina v [2001] EWCA Crim 1343
18 May 2001
CACD

Crime

[ Bailii ]
 
Her Majesty's Advocate v David Bain
22 May 2001
HCJ
Lord Reed
Scotland, Crime

[ ScotC ]
 
Norman Shaw v The Queen Appeal No 58 of 2000; [2001] UKPC 26
24 May 2001
PC

Crime, Commonwealth
(Belize)
[ Bailii ] - [ PC ] - [ PC ]
 
Cleon Smith v The Queen [2001] UKPC 27; Appeal No 59 of 2000
24 May 2001
PC

Crime, Commonwealth
PC Belize
[ Bailii ] - [ PC ] - [ PC ]
 
Regina v Luxford [2001] EWCA Crim 1425
25 May 2001
CACD

Crime

[ Bailii ]
 
McMillan v Procurator Fiscal, Lanark [2001] ScotHC 32
29 May 2001
HCJ
Lord Caplan and Lord Cameron of Lochbroom and Lord Hamilton
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Robert Phillips McShane v Procurator Fiscal, Edinburgh
31 May 2001
HCJ
Lord Cameron of Lochbroom and Lord Caplan and Lord Marnoch
Scotland, Crime

[ ScotC ]
 
Her Majesty's Advocate v Karen Halliday Skilbeck Or Wright and Matthew Wright [2001] ScotHC 117
31 May 2001
HCJ

Scotland, Crime

[ Bailii ]
 
Ronald Mclean v Her Majesty's Advocate
1 Jun 2001
HCJ
Lord Cameron of Lochbroom and Lord Justice General and Lord Weir
Scotland, Crime

[ ScotC ]

 
 Attorney-General's Reference (No 5 of 2000); CACD 6-Jun-2001 - Times, 06 June 2001; [2001] EWCA Crim 1077
 
Peter David Kelly v Her Majesty's Advocate
6 Jun 2001
HCJ
Lord Justice General and Lord Nimmo Smith and Lord Osborne
Scotland, Crime

[ ScotC ]

 
 Planton v Director of Public Prosecutions; QBD 6-Jun-2001 - Gazette, 05 July 2001; Times, 17 August 2001; [2002] RTR 9; [2001] EWHC 450 (Admin)
 
Scarsbrook Or Galbraith v Her Majesty's Advocate [2001] ScotHC 37
7 Jun 2001
HCJ
Lord Justice General
Crime

1 Cites

1 Citers

[ Bailii ]
 
Alan O'Brien and Michael Ryan v Her Majesty's Advocate [2001] ScotHC 36
7 Jun 2001
HCJ
Lord Prosser and Lord Cowie and Lord MacLean
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Regina v Lees [2001] NICA 19
8 Jun 2001
CANI
Carswell LJ
Crime

[ Bailii ]
 
Robbie the Pict v Procurator Fiscal, Dingwall
8 Jun 2001
HCJ
Lord Coulsfield and Lord Kingarth and Lord Prosser
Scotland, Crime

[ ScotC ]
 
Shaw and Campbell, Regina v [2001] NICA 25; [2001] NIJB 269
8 Jun 2001
CANI
Carswell LCJ
Crime
The defendant appealed his conviction for murder saying the judge should have left the alternative charge of having assisted offenders to the jury. Held: Referring to Fairbanks: "It was argued on behalf of the Crown that this test was not satisfied in the present case, where there was, it was submitted, ample evidence to justify the conviction of Campbell for murder. It seems to us that the test is material where the possible alternative is a relatively trifling offence, consideration of which would only distract the jury. It is clear from the terms of the passage which we have quoted from Mustill LJ's judgment in R v Fairbanks that other considerations may require a lesser offence to be left. In the present case it does appear that it was a tenable possibility that the jury might reject the evidence of Dawn Shaw about the conversation in her house, in which event the jury would need direction about the matters requiring proof if Campbell was to be convicted of murder on the basis of having taken part in a joint enterprise. In such event they might have acquitted him of murder, though finding him guilty of assisting the offender." Carswell LCJ also made it clear that a flexible approach is required when he added: "[Defence counsel] submitted that it was for the judge to ensure that all material issues were placed before the jury, even if not argued overtly by him in closing. We feel impelled to agree with this submission. For the reasons which we have stated, we are of the opinion that the case does not fall within the category of those in which the issue does not arise in the way in which the case has been presented to the court. It is not one in which Campbell has admitted that the offence was committed. The possibility was there that he took some lesser part in the affair than full complicity in murder, and that possibility was not removed by his denial that he had anything at all to do with the attack. We therefore must conclude that the judge should have left the lesser offence to the jury and given them an appropriate direction on the law relating to join enterprise."
1 Cites

1 Citers

[ Bailii ]
 
Kenneth Anthony Paton Mills v Her Majesty's Advocate
11 Jun 2001
HCJ
Lord Coulsfield and Lord Justice General and Lord Osborne
Scotland, Crime

[ ScotC ]
 
B, R v [2001] EWCA Crim 1453
11 Jun 2001
CACD

Crime

[ Bailii ]
 
B, R v [2001] EWCA Crim 1479
12 Jun 2001
CACD

Crime

[ Bailii ]
 
Regina v Haase [2001] EWCA Crim 1424
12 Jun 2001
CACD

Crime

[ Bailii ]
 
William M Mcphee v Her Majesty's Advocate
13 Jun 2001
HCJ
Lord Cowie and Lord Justice General and Lord Marnoch
Scotland, Crime

[ ScotC ]
 
John Cochrane v Her Majesty's Advocate [2001] ScotHC 41
13 Jun 2001
HCJ
Lord Cowie and Lord Justice General and Lord Marnoch
Scotland, Crime

1 Cites

[ Bailii ] - [ ScotC ]
 
Robert Samuel Napier v Procurator Fiscal, Linlithgow [2001] ScotHC 42
13 Jun 2001
ScHC
Lord Coulsfield and Lord Caplan and Lord Osborne
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Cochrane v Her Majesty's Advocate [2001] ScotHC 122
13 Jun 2001
HCJ

Crime

[ Bailii ]
 
Allan Bryan Rennie v Her Majesty's Advocate
13 Jun 2001
HCJ
Lord Justice General and Lord Osborne and Lord Nimmo Smith
Scotland, Crime

[ ScotC ]
 
R v Ugoh and others [2001] EWCA Crim 1381
14 Jun 2001
CACD

Crime

[ Bailii ]
 
Barry Cussick and Kenneth Rattray v Her Majesty's Advocate
14 Jun 2001
HCJ
Lord MacLean and Lady Cosgrove and Lord Kirkwood
Scotland, Crime

[ ScotC ]
 
Regina v Tagg Times, 14 June 2001
14 Jun 2001
CACD

Crime, Human Rights
The idea of what was 'drunkenness' was sufficiently clear, and not capable of being challenged under the Human Rights Act. The order which made it a criminal offence to be drunk on board an aircraft were not ultra vires, since the Act gave power to regulate for safety and that was the intention of the order.
Air Navigation (No 2) Order 1995 (1995 No 1970) - Civil Aviation Act 1982

 
Regina on the Application of A and Snaresbrook Crown Court Times, 12 July 2001; [2001] EWHC Admin 456
14 Jun 2001
Admn

Company, Crime, Criminal Practice
A company director can be convicted of theft from his company even though the act might technically be the act of the company. Here company directors had paid bribes to people with whom the company intended to do business. The bribes were paid out of company funds and with the intention of benefiting the company. Nevertheless, appropriation under the Act, does not need to be without the consent of the owner. The dishonesty element must be directed toward the owner of the property.
Theft Act 1968 3(1)
[ Bailii ]
 
Her Majesty's Advocate v William Wilson and Peter Gerrard Cairns and David Wilson and Garry Connell Wales and Ronald Alexander McCarlie and Timothy Harris
15 Jun 2001
HCJ
Lord Reed
Scotland, Crime

[ ScotC ]
 
B, R v [2001] EWCA Crim 1708
18 Jun 2001
CACD

Crime

[ Bailii ]
 
Duff v Her Majesty's Advocate [2001] ScotHC 44
20 Jun 2001
HCJ
Lord McCluskey and Lord Prosser
Crime

[ Bailii ]
 
Islington London Borough Council v Michaelides Gazette, 21 June 2001
21 Jun 2001
QBD

Planning, Crime
The council brought proceedings alleging breach of a planning notice. The defendant applied for a lawful development certificate, and upon it being granted the council withdrew the proceedings. Later it came to the conclusion that the defendant had misrepresented the extent of the use, and there were complaints about the noise. They withdrew the certificate, and sought to issue new proceedings, but based on the same situation. The defendant pled autrefois acquit. It was held that the prosecution could proceed. No adjudication on the merits had been made, and the withdrawal was merely administrative. The plea of autrefois acquit was not made out.

 
Scarsbrook or Galbraith v Her Majesty's Advocate (No.2) [2001] ScotHC 45; 2002 JC 1; 2001 SCCR 551; 2001 GWD 25-924; 2001 SLT 953
21 Jun 2001
HCJ
Lord Bonomy and Lord Penrose and Lord Nimmo Smith and Lady Cosgrove and Lord Justice General
Crime
The court considered the defence of diminished responsibility to a charge of murder. Held: Lord Rodger of Earlsferry: "It is, of course, impossible to attempt to describe the ambit of the doctrine of diminished responsibility without even attempting to describe the operation of the doctrine itself. A common theme in the cases where judges have left the issue to the jury is that they involve some abnormality of the accused's mind. While philosophers continue to debate the timeless questions - about the nature of the relationship between mind and body and about the extent to which individuals have control over their actions - our law proceeds on the basis that an adult person of sound mind has sufficient control over his acts, and over his omissions to act, as to be responsible for them in law. Criminal acts and omissions are punished accordingly." The court saw nothing unjust in attributing the same responsibility for the purposes of the civil law as was attributed for the purposes of the criminal law. One had to assume that the individual was a reasonably well-informed and reasonably responsible member of the public.
1 Cites

1 Citers

[ Bailii ]
 
Pratt v Director of Public Prosecutions Times, 22 August 2001; (2001) 165 JP 800
21 Jun 2001
QBD
Latham LJ, Forbes J
Crime
Whilst the law clearly allowed prosecutions under the Act after no more than two incidents of harassment, nevertheless, prosecutors should look to the reality of whether the acts complained of did in fact amount to a course of conduct under the Act. In this case, but marginally, they did. Prosecutors should look to the purpose of the Act which was to protect people from suffering alarm and distress.
Protection from Harassment Act 1997
1 Citers


 
Larmour, Regina v [2001] NICA 29
22 Jun 2001
CANI

Crime

[ Bailii ]
 
Roberts and Others, Regina v [2001] EWCA Crim 1594
22 Jun 2001
CACD

Crime

[ Bailii ]

 
 Michael Yearwood v The Queen; PC 26-Jun-2001 - [2001] UKPC 31; [2001] 5 LRC 247
 
Gerald O'Hare v Her Majesty's Advocate
26 Jun 2001
HCJ
Lord Bonomy and Lord Penrose
Scotland, Crime

[ ScotC ]
 
Regina v Thompson [2001] EWCA Crim 1498
27 Jun 2001
CACD

Crime

[ Bailii ]
 
Regina v Godden-Wood Times, 27 June 2001
27 Jun 2001
CACD

Crime
In cases of allegations of corruption, there was no need for the prosecution to show actual dishonesty. There could be no justification for making a distinction in such cases between corruption of a public or private body.
Prevention of Corruption Act 1906 1 (1)

 
Nigel Mark Cartwright v Her Majesty's Advocate
27 Jun 2001
HCJ
Lord McCluskey
Scotland, Crime

[ ScotC ]
 
Regina v Armstrong [2001] NIECA 24
28 Jun 2001
CANI

Crime

[ Bailii ]
 
Abdelbaset Ali Mohmed Al Megrahi v Her Majesty's Advocate
29 Jun 2001
HCJ
Lord Kirkwood and Lord Hamilton and Lord Nimmo Smith and Lord Carloway and Lord Wheatley
Scotland, Crime

1 Cites

1 Citers

[ ScotC ]
 
Her Majesty's Advocate v David Grimmond
29 Jun 2001
HCJ
Lord Osborne
Scotland, Crime

[ ScotC ]
 
J, Regina v [2001] EWCA Crim 1568
2 Jul 2001
CACD

Crime

[ Bailii ]
 
Her Majesty's Advocate v David Mcmurran
3 Jul 2001
HCJ
Lord Hamilton
Scotland, Crime

[ ScotC ]
 
Julian Struthers Danskin v Her Majesty's Advocate
4 Jul 2001
HCJ
Lord Carloway and Lord Hamilton and Lord Justice General
Scotland, Crime

[ ScotC ]
 
Angus Michael Mcphee v Procurator Fiscal, Oban
5 Jul 2001
HCJ
Lord Coulsfield and Lord Caplan and Lord Osborne
Scotland, Crime

[ ScotC ]
 
Valentine and Wells and Murphy and Murphy v Her Majesty's Advocate [2001] ScotHC 49
6 Jul 2001
HCJ
Lord Justice General and Lady Cosgrove and Lord Carloway
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Farrell v Her Majesty's Advocate
6 Jul 2001
HCJ
Lord Justice General and Lord Carloway and Lord Hamilton
Crime

[ ScotC ]
 
Regina v Malcolm Charles Dobson [2001] EWCA Crim 1606; [2001] EWCA Crim 1601
10 Jul 2001
CACD
Lord Justice Potter, Mr Justice Tomlinson, Mr Justice McCombe
Crime
The loss of video evidence by the prosecutor was not a ground for a stay of the case.
1 Citers

[ Bailii ]

 
 Regina v Allen; CACD 10-Jul-2001 - [2001] EWCA Crim 1607
 
Regina v Everton Lorraine Eccleston [2001] EWCA Crim 1608
10 Jul 2001
CACD

Crime

[ Bailii ]
 
Everton Lorraine Eccleston v Regina [2001] EWCA Crim 1626
10 Jul 2001
CACD

Crime

[ Bailii ]
 
Blair Galloway v Procurator Fiscal, Kirkcaldy [2001] ScotHC 50
11 Jul 2001
HCJ
Lord Cameron of Lochbroom and Lord Osborne and Lord Sutherland
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Adelino Enriquez v Procurator Fiscal, Lerwick
12 Jul 2001
HCJ
Lord Osborne and Lord Sutherland and Lord Dawson
Scotland, Crime

[ ScotC ]
 
McQuade v Chief Constable of Humberside Police Times, 03 September 2001; Gazette, 13 September 2001
12 Jul 2001
CA
Gibson, Laws LJJ, Nourse
Crime, Police, Torts - Other
It was not necessary for there to be a common law breach of the peace on private premises, for there to be shown any disturbance to members of the public outside the premises. A head note in the case of McConnell was a mis-interpretation of that case, insofar as it suggested that any such disturbance was necessary.
1 Cites


 
Humberside Police v McQuade [2002] 1 WLR 1347; (2001) 165 JP 729; [2001] EWCA Civ 1330
12 Jul 2001
CA
Peter Gibson Lj, Law LJ, Sir Martin Nourse
Torts - Other, Personal Injury, Police, Police, Crime
Defendant's appeal against an order giving judgment for the claimant in the action for damages to be assessed for wrongful arrest and personal injury. The claimant had been arrested in his home, purportedly for a breach of the peace. There was no public element or public dimension involved in the circumstances of the arrest. Held: The appeal succeeded. McConnell was an authority binding on the court. Authority apart, it would be contrary to principle to hold that an act which would constitute a breach of the peace if committed in a public place, or on private premises where a person or persons other than the participants are affected by it, should cease to be such if committed on private premises where only the participants are involved. None of the authorities gives support for such a distinction, which could not be justified on grounds of public policy or otherwise.
1 Cites

[ Bailii ]

 
 Gough and Another v Chief Constable of Derbyshire; Regina (Miller) v Leeds Magistrates' Court; Lilley v Director of Public Prosecutions; QBD 13-Jul-2001 - Times, 19 July 2001; Gazette, 31 August 2001; [2001] EWHC Admin 554; [2001] 3 WLR 1392

 
 Regina v Mohammed Ali Jamil; CACD 17-Jul-2001 - [2001] EWCA Crim 1687

 
 Regina v Forbes (Giles); HL 20-Jul-2001 - Times, 20 July 2001; Gazette, 06 September 2001; [2001] UKHL 40; [2002] 2 AC 512; [2001] Crim LR 906; [2002] 1 Cr App R 1; [2001] 3 WLR 428; [2001] 4 All ER 97
 
Commissioners of Inland Revenue v The Crown Court at Kingston, Robin Wayne John Interested Party [2001] EWHC Admin 581; [2001] 4 All ER 721
24 Jul 2001
QBD
Lord Justice Kennedy, Mr Justice Stanley Burton
Corporation Tax, Taxes Management, Crime
The Crown Court dismissed charges again the interested party alleging conspiracy to defraud the claimants. Tax-saving crosses the border from lawful to criminal when it involves the deliberate and dishonest making of false statements to the Revenue. The Revenue contended that he had created documents to do that precise thing. Companies with cash assets but liability for Corporation tax were purchased. They were lent substantial sums for the purposes of investment, and the interest charges had the effect of allowing reclaims of Corporation tax. They were then to move offshore. The Inland Revenue contended that the loan arrangements were a sham, and that documents had been falsely dated. The defendant was a tax adviser to the scheme. Held: None of the documentary evidence constituted an admission by the Defendant, nor informed him of any fraudulent activity. It could not be said that the judge's decision was perverse.
Criminal Justice Act 1987
[ Bailii ]
 
Anderson v Her Majesty's Advocate [2001] ScotHC 60
24 Jul 2001
HCJ
Lord Justice General and Lord Abernethy and Lord Sutherland
Crime

[ Bailii ]

 
 Regina v K; HL 25-Jul-2001 - Times, 26 July 2001; Gazette, 06 September 2001; [2001] UKHL 41; [2001] 3 WLR 471; [2002] 1 AC 462
 
Petition - Scottish Criminal Case Review Commission In Terms of Section 194D(3) of the Ciminal Procedure (Scotland) Act 1995 for an Opinion of the Court [2001] ScotHC 62
25 Jul 2001
ScHC

Scotland, Crime

[ Bailii ]
 
Petition - Scottish Criminal Case Review Commission In Terms of Section 194D, of the Criminal Procedure (Scotland) Act 1995 for an Opinion of the Court
25 Jul 2001
HCJ
Lord Justice General and Lord Marnoch and Lord Reed
Scotland, Crime

[ ScotC ]
 
Robert Alexander Mackie v Her Majesty's Advocate [2001] ScotHC 68
26 Jul 2001
HCJ
Lord Justice General and Lord Abernethy and Lord Sutherland
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Her Majesty's Advocate v Gary Joseph Mcgowan
26 Jul 2001
HCJ
Lord Justice General and Lord Abernethy and Lord Sutherland
Scotland, Crime

[ ScotC ]
 
Rt, Regina v [2001] EWCA Crim 1877
26 Jul 2001
CACD

Crime

[ Bailii ]
 
Her Majesty's Advocate v Andrew Sands
26 Jul 2001
HCJ
Lord Justice General and Lord Abernethy and Lord Sutherland
Scotland, Crime

[ ScotC ]
 
George Baigrie v Her Majesty's Advocate
26 Jul 2001
HCJ
Lord Abernethy and Lord Justice General and Lord Sutherland
Scotland, Crime

[ ScotC ]
 
Neil Mcintyre v Her Majesty's Advocate
26 Jul 2001
HCJ
Lord Abernethy and Lord Justice General and Lord Sutherland
Scotland, Crime

[ ScotC ]
 
Regina v Peter John Brown and Others [2001] EWCA Civ 1771
27 Jul 2001
CACD
Lord Justice Mantell, Mr Justice Rougier, Mr Justice Grigson
Customs and Excise, Crime
The defendants appealed convictions for conspiracy. There had been a large, admitted, conspiracy to cheat the revenue by mis-selling bonded tobacco etc. They criticised the judge's direction on the extent of involvement required to be found part of a conspiracy. They argued that some express intention had to be shown. That argument failed. Other people involved, had been used by the Customs to co-operate in gaining further evidence, and the existence of that involvement had been withheld from the defence with the consent of the judge. That procedure had been proper.
1 Cites


 
Attorney General's Reference No 25 of 2001 [2001] EWCA Crim 1770
27 Jul 2001
CACD

Crime

[ Bailii ]
 
Regina v Francois Pierre Marcellin Thoron [2001] EWCA Crim 1797
30 Jul 2001
CACD

Crime, Health and Safety
The appellant had been convicted that as a haulage contractor he had conspired with his drivers to cause them to drive beyond the permitted hours, and in other ways contrary to their safety. He argued it was a misuse of the Act to ally it with the more severe Transport Act regime. That appeal was rejected, since the Act clearly envisaged such prosecutions and use outside the workplace. Objections had also been taken to two jurors. Both were rejected, and the case had been heard before the Human Rights Act had come into effect.
Health and Safety at Work Act 1974 2(1) - Transport Act 1968
1 Cites

[ Bailii ]
 
In the Matter of G (Restraint Order) and In the Matter of the Criminal Justice Act 1988 [2001] EWHC Admin 606
30 Jul 2001
QBD
The Honourable Mr Justice Stanley Burton
Crime

Criminal Justice Act 1988
[ Bailii ]
 
Her Majesty's Advocate v Kenneth Anthony Paton Mills and John Cochrane
1 Aug 2001
HCJ
Lord Coulsfield
Scotland, Crime

[ ScotC ]
 
John Lyle v Her Majesty's Advocate
3 Aug 2001
HCJ
Lord Carloway and Lord Justice General and Lord Hamilton
Scotland, Crime

[ ScotC ]
 
Alan Degnan v Her Majesty's Advocate [2001] ScotHC 83
9 Aug 2001
HCJ
Lord Mackay of Drumadoon and Lord Coulsfield and Lord Penrose
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
John Hemphill v Her Majesty's Advocate [2001] ScotHC 86
10 Aug 2001
HCJ
Lord Prosser
Scotland, Crime

1 Cites

1 Citers

[ Bailii ] - [ ScotC ]
 
Confessor Valdez Franco v The Queen Times, 11 October 2001; [2001] UKPC 38; Appeal No 70 of 2000
14 Aug 2001
PC
Lord Bingham of Cornhill
Crime, Commonwealth
(Antigua and Barbuda) The appellant had been convicted of murder, with his defence of self-defence rejected by the jury. His defence was self-defence. No defence of provocation was advanced at trial and the trial judge gave no direction to the jury on provocation. It was accepted that there was some evidence of provocation, but this had not been left for the jury. On appeal, the court had said that this should have been left for the jury, but would also have been rejected. Statute in Antigua required evidence of provocation, once raised to be left to the jury. In the circumstances the appeal court had been wrong to pre-empt what the jury might have decided. A conviction of manslaughter was substituted, and the matter was remitted for sentence on that basis. The clear effect of s9C was to deny to trial judges the power previously exercisable to withdraw the issue of provocation from the jury where there is evidence potentially capable of satisfying the subjective condition, even if the judge considers that there is no evidence which could lead a reasonable jury to conclude that the provocation was enough to make a reasonable man do as the particular defendant did. As to the application of the proviso allowing a conviction to stand despite a misdirection: "The Board would accept that there will be cases where the proviso may properly be applied even where the objective issue should have been but was not left to the jury."
Lord Bingham: "In the opinion of the Board, the reasoning of the Court of Appeal in R v Cox, above, does not give adequate weight to the intention of Parliament expressed in section 3 of the 1957 Act and its overseas equivalents. The starting point must always be that in a trial on indictment the jury is the body to which the all-important decisions on the guilt of the accused are entrusted. This does not mean that every deviation from procedural regularity and legal correctness vitiates a jury's verdict of guilty. That would impose an unattainable standard of perfection and frustrate to an unacceptable extent the effective administration of criminal justice. But it does mean that an appellate court, which is not the trial tribunal, should be very cautious in drawing inferences or making findings about how the jury would have resolved issues which, for whatever reason, were never before it. This is particularly so in the context of section 3, since Parliament has gone out of its way, unusually, to stipulate that resolution of the objective issue, where it properly arises, should be exclusively reserved to the jury. To the extent that an appellate court takes it upon itself to decide that issue it is doing what Parliament has said the jury should do, and section 3 cannot be read as applying only to the trial court. "
1 Cites

1 Citers

[ PC ] - [ Bailii ] - [ PC ] - [ PC ]
 
Pamela Ann Gourlay v Her Majesty's Advocate
16 Aug 2001
HCJ
Lord Coulsfield and Lord MacLean and Sheriff Principal E.F. Bowen
Scotland, Crime

[ ScotC ]
 
Her Majesty's Advocate v Scott Ross
17 Aug 2001
HCJ
Lord Coulsfield and Sheriff Principal E.F. Bowen
Scotland, Crime

[ ScotC ]
 
Joseph Boyle v Her Majesty's Advocate
21 Aug 2001
HCJ
Lady Cosgrove and Lord Kirkwood and Lord MacLean
Scotland, Crime

[ ScotC ]
 
Regina v Griffiths (Susan Lindsey); Regina v Griffiths (James) Times, 17 October 2001
29 Aug 2001
CACD
Lord Justice Buxton, Mr Justice Collins and Mrs Justice Hallett
Crime
Where the spouse of a defendant was a joint owner of the matrimonial home, and he or she was also implicated in criminality, a court sentencing a drug dealer exceptionally could make a compensation order even, when combined in effect with a confiscation order, the sale of the matrimonial home would be required.

 
Her Majesty's Advocate v Darren J Jenkinson
5 Sep 2001
HCJ
Lord McEwan
Scotland, Crime

[ ScotC ]
 
Gary John Clampett v Procurator Fiscal, Dunfermline
12 Sep 2001
HCJ
Lord Cameron of Lochbroom and Lord Marnoch and Lord McCluskey
Scotland, Crime

[ ScotC ]
 
Gaynor, Regina v [2001] NICA 40
14 Sep 2001
CANI

Crime

[ Bailii ]
 
George Walsh v Procurator Fiscal, Edinburgh
14 Sep 2001
HCJ
Lord McCluskey
Scotland, Crime

[ ScotC ]
 
Regina v G B [2001] EWCA Crim 1995; [2001] EWCA Crim 1995
19 Sep 2001
CACD

Crime

[ Bailii ]
 
Her Majesty's Advocate v William Frederick Ian Beggs (Opinion No 2)
21 Sep 2001
HCJ
Lord Osborne
Scotland, Crime, Contempt of Court
The defendant complained that an article published on the Internet was a contempt of court in that it prejudiced his trial for murder by reference inter alia to previous proceedings against him. There were others also. The court was aksed whether the fact that at the time the documents were placed on the internet no charges had yet been brought excused their continued publication after charges had been brought. He;d: the court focused upon the sense of the word "publication", which was the action of making something publicly known, or the issuing to the public of some work, that is to say an event which takes place at some particular moment. The section used the phrase the 'time of publication'. "the situation affecting the Website may be compared with a situation in which a book or other printed material is continuously on sale and available to the public. During that whole period, I consider that it would be proper to conclude that that material was being published. " However given the context of the trial, the detailed evidence and counsel and the judge's guidance to a jury, it had not been shown that a fair trial was not possible.
Contempt of Court Act 1981
1 Cites

1 Citers

[ ScotC ]
 
Application Under S 35 of Criminal Procedure and Investigation Act 1996 [2001] EWCA Crim 2020; [2001] EWCA Crim 2020
21 Sep 2001
CACD

Crime

[ Bailii ]
 
Colin David Mclean v Her Majesty's Advocate
27 Sep 2001
HCJ
Lord Cameron of Lochbroom and Lord Justice Clerk and Lord Nimmo Smith
Scotland, Crime

[ ScotC ]
 
Her Majesty's Advocate v Dodwell and McNee
27 Sep 2001
HCJ
Lord Cameron of Lochbroom and Lord Justice Clerk and Lord Nimmo Smith
Scotland, Crime

[ ScotC ]
 
Smith v Procurator Fiscal, Dumbarton [2001] ScotHC 121
28 Sep 2001
HCJ
Lord Coulsfield and Lord Osborne and Lord Sutherland
Scotland, Crime
The appellant challenged her common law public order conviction, on the basis that the charge did not provide a clear definition of what amounted to the offence, and so infringed her human rights.
European Convention on Hman Rights 7 10
[ ScotC ] - [ Bailii ]
 
Regina v Woodward [2001] EWCA Crim 2051
28 Sep 2001
CACD

Crime

[ Bailii ]

 
 Regina v Shayler; CACD 28-Sep-2001 - Times, 10 October 2001; Gazette, 18 October 2001; [2001] EWCA Crim 1977; [2001] 1 WLR 2206
 
Regina v McPherson [2001] EWCA Crim 2019; [2001] EWCA Crim 2019
2 Oct 2001
CACD

Crime

[ Bailii ]
 
Regina v M and Others [2001] EWCA Crim 2024; [2001] MHLR 177; [2002] 1 Cr App R 25; [2002] 1 WLR 824; [2002] Crim LR 57
5 Oct 2001
CACD
Rose LJ
Crime, Health
The court considered the nature of the detention of a defendant when he was found unfit to plead. Rose LJ said: "The old orders available to the courts [including the hospital order with restrictions] do not include any punishment or any order that can be seen as retributive or deterrent. With the exception of an absolute discharge, they are concerned with the treatment and care of the accused."

As to the effect of the Human Rights Convention Rose LJ said: "The right to liberty and security is the subject of article 5. Detention after conviction is only one of the cases in which deprivation of liberty is permitted by article 5.5(1). In the present connection, the other relevant paragraph of article 5(1) is (e): the lawful detention of persons of unsound mind. The protection of persons detained on the ground that they are of unsound mind is contained in article 5(4)."
Mental Health Act 1983
1 Citers

[ Bailii ]
 
Dietschmann v Regina [2001] EWCA Crim 2052
5 Oct 2001
CACD
Lord Justice Rose, Mr Justice Bell
Crime
The defendant was convicted of murder. He claimed diminished responsibility arising from a disorder, being either according to one psychiatrist, arising from alcohol dependence syndrome, or according to another, a depressed grief reaction. The substantial issue related to the judge's directions on the alcohol dependence. The defendant did not suggest he had a craving: his evidence was that he had drunk rather less than usual. Accordingly, the evidence was not capable of establishing alcohol dependence syndrome as being an abnormality of mind within the section.
Rose LJ summarised the law: ‘The general rule that drink does not give rise to an abnormality of mind due to inherent causes was authoritatively established in R v Fenton (1975) 61 Cr. App. R. 261 and confirmed in R v Gittens (1984) 79 Cr. App. R. 272 [1984] QB 698. In line with those authorities, R v Tandy (1988) 87 Cr. App. R. 45 established that drink is only capable of giving rise to a defence under section 2 if it either causes damage to the brain or produces an irresistible craving so that consumption is involuntary.’”
Homicide Act 1957 2(1) 3
1 Cites

1 Citers


 
Regina v Moore, Kerr, Haroon Gazette, 25 October 2001; Times, 01 November 2001
5 Oct 2001
CACD
Rose LJ, Bell J, Stanley Burnton J
Crime, Human Rights, Health
The applicants challenged the procedures under which, having been found unfit to plead by proceedings under the section, they were then found to have committed the acts forming the offences. The defendants were unable to put forward any case in rebuttal. Applications to stay proceedings as an abuse of process had failed. Were such proceedings criminal proceedings. Not all proceedings which might result in a deprivation of liberty were criminal proceedings. Proceedings under sections 4 and 4A also did not constitute criminal proceedings. The complaint that the inability to defend themselves made a trial unfair confused the rights under the convention with the ability to exercise those rights. The latter could not be guaranteed by any convention. What is a fair hearing varies with the situation.
Criminal Procedure (Insanity) Act 1964 4(1) - European Convention on Human Rights - Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
1 Cites


 
Mcbride, Regina v [2001] NICA 44
5 Oct 2001
CANI

Crime

[ Bailii ]
 
Atherton, Regina v [2001] EWCA Crim 2109
9 Oct 2001
CACD

Crime

[ Bailii ]
 
Jason Penman v Procurator Fiscal, Dunfermline [2001] ScotHC 107
9 Oct 2001
HCJ
Lord Kirkwood and Lord Philip and Lord Caplan
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Noye, Regina v [2001] EWCA Crim 2229
10 Oct 2001
CACD

Crime

1 Citers

[ Bailii ]
 
Her Majesty's Advocate v R. [2001] ScotHC 118
10 Oct 2001
HCJ

Scotland, Crime

[ Bailii ]

 
 Secretary of State for the Home Department v Rehman; HL 11-Oct-2001 - Times, 15 October 2001; Gazette, 01 November 2001; [2001] UKHL 47; [2003] 1 AC 153; 11 BHRC 413; [2002] ACD 6; [2001] 3 WLR 877; [2002] Imm AR 98; [2002] INLR 92; [2002] 1 All ER 122
 
Tilly v Director of Public Prosecutions Times, 27 November 2001; [2001] EWHC Admin 821
16 Oct 2001
QBD
Rafferty J
Crime
The applicant had been convicted of aggravated trespass. She had gone onto farm land and destroyed genetically modified crops. She appealed. Held: For the offence of aggravated trespass, it was necessary to show unlawful interference with activities carried out on land by people present on the land. The definition implied the intimidation of others which was not present without them being present.
Criminal Justice and Public Order Act 1994 68
1 Citers

[ Bailii ]
 
Regina v Edwards [2001] EWCA Crim 2185
19 Oct 2001
CACD

Crime

[ Bailii ]
 
Regina v Dyke and Ors [2001] EWCA Crim 2184; [2001] EWCA Crim 2184
19 Oct 2001
CACD

Crime

[ Bailii ]
 
Regina v Taylor (Paul Simon) Times, 15 November 2001; Gazette, 22 November 2001
23 Oct 2001
CACD
Lord Justice Rose, Mr Justice Davis and Sir Richard Tucker
Crime, Human Rights
The laws against the misuse of cannabis did not infringe the defendant's human rights to freedom of religion. The defendant asserted that his use of cannabis was in accordance with the exercise of his Rastafarian religion. In the light of international convention, it could be seen that the control of the use of marijuana could be a proper and necessary limitation of the rights of the individual.
European Convention on Human Rights Art 9.1 - Misuse of Drugs Act 1971 - Single Convention on Narcotic Drugs 1961 - United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988

 
Taylor, Regina v [2001] EWCA Crim 2263
23 Oct 2001
CACD

Crime

[ Bailii ]
 
Regina v Zedi [2001] EWCA Crim 2280
23 Oct 2001
CACD

Crime

[ Bailii ]
 
Mcmanus and Another, R v [2001] EWCA Crim 2455
30 Oct 2001
CACD

Crime

[ Bailii ]
 
Regina v Turnbull [2001] EWCA Crim 2244
30 Oct 2001
CACD

Crime

[ Bailii ]
 
Martin v Regina Times, 01 November 2001; Gazette, 29 November 2001; [2001] EWCA Crim 2245
30 Oct 2001
CACD
The Lord Chief Justice of England And Wales, And, The Hon. Mr Justice Wright, The Hon. Mr Justice Grigson
Crime
The defendant had shot a burglar who had entered his isolated home at night. He claimed self defence, but the burglar appeared to have been shot as he retreated. A defendant is entitled to use reasonable force to protect himself, others for whom he is responsible and his property. The jury could convict only if either they did not believe his evidence that he was acting in self-defence or they thought that he had used an unreasonable amount of force. That assessment must be left to a jury. However, later evidence suggested that the defendant had psychiatric problems, in the nature of paranoia. That evidence was admissible only in exceptional cases on the issue of loss of self control, and in the circumstances, a conviction for manslaughter was substituted.
1 Cites


 
Martin v Regina [2001] EWCA Crim 2245; [2003] QB 1
30 Oct 2001
CACD
Lord Woolf CJ, Wright and Grigson JJ
Crime
It would not be appropriate except in exceptional circumstances "which would make the evidence especially probative" to take into account, when deciding whether excessive force was used in self-defence, that the defendant was suffering from a psychiatric condition.
1 Citers

[ Bailii ]
 
Regina v Nunes [2001] EWCA Crim 2283
31 Oct 2001
CACD

Crime

[ Bailii ]
 
Regina v Roberts [2001] EWCA Crim 2282
31 Oct 2001
CACD

Crime
Fraudulent evasion of VAT.
Value Added Tax Act 1994
[ Bailii ]
 
Attorney General Reference No 83 Of 2001 [2001] EWCA Crim 2443
31 Oct 2001
CACD

Crime

[ Bailii ]
 
Regina v Botmeh; Regina v Alami Times, 08 November 2001; Gazette, 29 November 2001; [2001] EWCA Crim 2226
1 Nov 2001
CACD
Lord Justice Rose, Mr Justice Hooper and Mr Justice Goldring
Criminal Practice, Criminal Evidence, Human Rights, Crime
In an appeal, the Crown sought leave to apply ex parte to have make certain information subject of a public interest immunity certificate. The defence argued that that was possible only on a first instance hearing. Held: The procedures were available, and would not infringe the defendant's human rights. There was nothing in the Court of Human rights jurisprudence to say that admission of such new evidence at the Court of Appeal would infringe the defendant's right to a fair trial. The defence has no absolute right to disclosure of relevant evidence and that strictly necessary measures restricting the rights of the defence were permissible, provided they were counterbalanced by procedures followed by judicial authority.
Crown Court (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997 (SI 1997 No 698)
1 Cites

[ Bailii ]
 
Stephen Andrew Walker v Procurator Fiscal, Dumfries
2 Nov 2001
HCJ
Lord Cameron of Lochbroom and Lord Coulsfield
Scotland, Crime

[ ScotC ]
 
Alexander Watson v Procurator Fiscal Glasgow
7 Nov 2001
HCJ
Lord Coulsfield and Lord Caplan and Lord Philip
Scotland, Crime

[ ScotC ]
 
Regina v Coutts-Jarman [2001] EWCA Crim 2376
7 Nov 2001
CACD

Crime

[ Bailii ]
 
Maclachlan (Solicitors) [2001] EWCA Crim 2375
7 Nov 2001
CACD

Crime

[ Bailii ]
 
Alexander Watson v Procurator Fiscal, Glasgow
7 Nov 2001
HCJ
Lord Caplan and Lord Coulsfield and Lord Philip
Scotland, Crime

[ ScotC ]
 
Mcdonald v Procurator Fiscal, Dundee [2001] ScotHC 111
8 Nov 2001
HCJ

Crime

[ Bailii ]
 
Lynch v Director of Public Prosecutions [2001] EWHC Admin 882
8 Nov 2001
Admn
Pill LJ Poole J
Crime, Human Rights
The defendant challenged a conviction for having a locked bladed article in his possession in a public place, on the basis that it placed on him a burden of proof contrary to the convention. Held: Salabiaku permits a reverse onus but requires presumptions of fact or of law to be defined within reasonable limits. As Lord Bingham stated in Brown, there are no hard edged and inflexible statements of principle. A fair balance must be struck. That fair balance permits the existence of a reverse onus in the context of section 139 of the 1988 Act.
Criminal Justice Act 1988 139 - Human Rights Act 1988 3 - European Convention of Human Rights 6
1 Cites

[ Bailii ]
 
Andrew Stevens v Her Majesty's Advocate [2001] ScotHC 119
9 Nov 2001
HCJ

Scotland, Crime

[ Bailii ]
 
Patel, Villiers, Sewell, Hutchinson, Ford v Regina [2001] EWCA Crim 2505
9 Nov 2001
CACD
Lord Justice Longmore, Mr Justice Hunt, Judge Mellor
Crime

[ Bailii ]
 
Shorthouse, Regina v [2001] EWCA Crim 2580
12 Nov 2001
CACD

Crime

[ Bailii ]
 
William Innes Shaw v Her Majesty's Advocate
13 Nov 2001
HCJ
Lord Kirkwood and Lord Weir
Scotland, Crime

[ ScotC ]
 
Director of Public Prosecutions v Brown [2001] EWHC Admin 931
16 Nov 2001
Admn
Pill LJ, Cresswell J
Crime
The DPP appealed from the acquittal of the respondent on charges of driving with excess alcohol. The driver had challenged readings produced by the intoximeter.
[ Bailii ]
 
Yorkshire Water Services Ltd, Regina v [2001] EWCA Crim 2635
16 Nov 2001
CACD

Crime

[ Bailii ]
 
Regina v Bryan [2001] EWCA Crim 2550
21 Nov 2001
CACD

Crime

[ Bailii ]
 
Regina v Oluyomi Ogundipe [2001] EWCA Crim 2576
21 Nov 2001
CACD

Crime

[ Bailii ]
 
Muir v Procurator Fiscal, Lanark [2001] ScotHC 112
21 Nov 2001
HCJ
Lord Cameron of Lochbroom and Lord Marnoch and Lord McCluskey
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Regina v Heather Grant Times, 10 December 2001; Gazette, 17 January 2002; [2001] EWCA Crim 2644
22 Nov 2001
CACD
Lord Justice Rose, Mr Justice Richards, And, Mr Justice Pitchford
Crime
The defendant was accused of murder. She had been found to be under a disability under the Act, but wanted to put forward a defence of provocation. Under Antoine, it was clear that matters of mens rea under the Act were not for the jury. The suggestion of provocation was one which was as to the effect of another's behaviour on the defendant's state of mind. The disability under the Act also went to the defendant's state of mind, and the two were not consistent. Having established that she suffered a mental disability, the defence of provocation was no longer available.
Criminal Procedure (Insanity) Act 1964 4A - Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
1 Cites

[ Bailii ]
 
Regina v Grant [2001] EWCA Crim 2611; [2002] MHLR 41; [2002] 1 Cr App R 38,; [2002] QB 1030; [2002] 2 WLR 1409; [2002] Crim LR 403
22 Nov 2001
CACD
Rose LJ VP, Richards J, Pitchford J
Crime, Health
A jury had found, under section 4(5) of the 1964 Act as amended, that the defendant was unfit to plead. The court considered section 5 of the 1964 Act. Held: A judge of the Crown Court is obliged under the section to make a mandatory order containing restrictions on the liberty of the accused person where the accused person has been found to have committed an act which constituted the actus reus of murder where the person was indicted for murder without there being any determination by an independent and impartial tribunal as to whether the appropriate count was one of murder or manslaughter. It was submitted that the provision is incompatible with articles 5.1(e) and 6.1 of the Convention.
Richards J said: "Subject to the concern expressed below, it is not unreasonable for Parliament to have decided to lay down a mandatory requirement of admission to hospital for a person who has been charged with murder, has been found to have done the act charged, but is under a disability so as to be unfit to be tried; and detention in those circumstances is not to be regarded as "arbitrary" for the purposes of Article 5(1)(e). The right to make immediate application to the MHRT and the other protections operating following admission to hospital ensure compliance with Article 5(4)" and
Richards J continued: "The point of concern is whether the procedures give proper effect to the second of the conditions laid down for detention under Article 5(1)(e). To adopt the formulation in R (H) v. London North and East Mental Health Review Tribunal, "the test is whether it can be reliably shown that the [person] suffers from a mental disorder sufficiently serious to warrant detention". The procedures under the 1964 Act are not directed specifically to that question. The issue under section 4 is whether the defendant is fit to be tried, which involves consideration of whether the defendant has sufficient intellect to instruct his legal team, to plead to the indictment, to challenge jurors, to understand the evidence and to give evidence. Those criteria do not correspond directly to the criteria for a mental disorder sufficiently serious to warrant detention, and it may be possible for a person to be found unfit to be tried without his suffering from a mental disorder sufficiently serious to warrant detention. Yet once a person facing a charge of murder has been found to be unfit to be tried, there is no further consideration of his mental condition under the statutory procedures prior to admission to hospital. If the jury find under section 4A(2) that he did the act charged, it is mandatory for the judge to make an admission order under s.5. The judge cannot consider whether such an order is justified on the medical evidence. Thus no-one is required specifically to address, prior to the person's detention, the question whether he suffers from a mental disorder sufficiently serious to warrant detention. This feature of the procedure does raise the question whether detention is "arbitrary" in the sense explained by the European Court of Human Rights in Winterwerp and Johnson.

It seems to us that the question is one of some difficulty. The answer to it may lie, but does not necessarily do so, in Mr Eadie's submission that this is a difficult and complex area where Parliament has carried out the requisite balancing exercise and has concluded that, where it has been found by a jury that a person is unfit to be tried and has done the act charged as murder, the automatic consequence ought to be admission to hospital as prescribed in s.5 (subject to the person's right to make immediate application to the MHRT and to the other protections afforded to a person subject to detention under these provisions); that the court should afford a measure of deference to Parliament in such a field; and that in all the circumstances the procedure is not to be stigmatised as arbitrary for the purposes of Article 5.

In the circumstances of the present case, however, it is unnecessary for us to reach any conclusion on that issue, since we are satisfied on the particular facts that the conditions for detention, albeit not considered in terms under the statutory procedure, were in fact met. All the experts who gave evidence in the s.4A proceedings were of the view that the appellant suffered from mental impairment within the meaning of the Mental Health Act 1983. They did not consider the question of disposal because it was not necessary for them to do so. [The medical history was considered]. We are also told that, though no report is available, the Secretary of State understands from the clinical staff at the hospital that they believe that the appellant's mental impairment would justify her continuing detention in hospital and that there is treatment available which is alleviating her condition. Looking at the evidence as a whole, we take the view that the appellant did suffer from a mental disorder sufficiently serious to warrant detention and that the conditions for initial detention under Article 5(1)(e) were therefore met. That is a sufficient basis for rejecting this part of the appellant's case. "
Criminal Procedure (Insanity) Act 1964 5
1 Citers

[ Bailii ]
 
Marvin Murphy v The Queen [2002] UKPC 3; (Appeal No 34 of 2001); (Appeal No 34 of 2001)
22 Nov 2001
PC
Lord Slynn of Hadley Lord Mustill Lord Scott of Foscote Sir Andrew Leggatt, Sir Philip Otton
Commonwealth, Crime, Evidence
(The Bahamas) The appellant had been convicted of burglary and robbery. The conviction depended upon identification by one witness who had given several differing descriptions. The trial was long delayed, and the appellant who was not represented was prevented from asking the witness about previous inconsistent descriptions, and nor was he shown earlier statements showing such differences. Held: In the circumstances the failure to disclose the earlier identification was a material irregularity. The police had also failed to disclose a first unsuccessful identification parade. A second had presumably been held because of some difference in description. Again that was a material irregularity. The directions as to the weakness of the identification evidence were also defective. Appeal succeeded.
1 Cites

[ PC ] - [ PC ] - [ PC ] - [ Marvin Murphy v. The Q' target-'_ext'>PC ] - [ Bailii ] - [ PC ]
 
Corkhill, Regina v [2001] EWCA Crim 2683
26 Nov 2001
CACD

Crime

[ Bailii ]
 
Regina v Poole Gazette, 01 February 2002; [2001] EWCA Crim 2633
27 Nov 2001
CACD

Crime

[ Bailii ]
 
Stanley Carnall v Her Majesty's Advocate [2001] ScotHC 113
28 Nov 2001
HCJ
Lord Cameron of Lochbroom and Lord Nimmo Smith and Lord Justice Clerk
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Regina v Najera [2001] EWCA Crim 2621
29 Nov 2001
CACD

Crime

[ Bailii ]

 
 Regina (on the Application of Pretty) v Director of Public Prosecutions and Secretary of State for the Home Department; HL 29-Nov-2001 - Times, 05 December 2001; [2001] UKHL 61; [2002] 1 AC 800; [2001] 3 WLR 1598; [2002] 2 Cr App R 1; [2002] 1 FCR 1; [2002] UKHRR 97; [2002] ACD 41; [2002] 1 All ER 1; [2002] 1 FLR 268; 11 BHRC 589; (2002) 63 BMLR 1; [2002] Fam Law 170; [2002] HRLR 10
 
P, Regina v [2001] EWCA Crim 2786
30 Nov 2001
CACD

Crime

[ Bailii ]
 
Richards, Regina v [2001] EWCA Crim 2712
30 Nov 2001
CACD

Crime

[ Bailii ]
 
Regina v Hodgson [2001] EWCA Crim 2697
4 Dec 2001
CACD
Lord Justice Potter Mrs Justice Rafferty
Crime
The appellant challenged convictions for supply and possession of Class A drugs. A person had been discovered leaving his house with a wrap of heroin, and further wraps were found in a remote control in his hand. Held: The judge had fully explored for the jury the weaknesses in the case, and the defendant had failed to disclose the source of his income. Appeal refused.
[ Bailii ]
 
Hodgson, Regina v [2001] EWCA Crim 2646
4 Dec 2001
CACD

Crime

[ Bailii ]
 
Regina v Roy Colin David Porter [2001] EWCA Crim 2699
4 Dec 2001
CACD
Lord Justice Potter Mrs Justice Rafferty
Crime
The defendant appealed conviction and sentence for several counts of rape. The defendant had wanted his own scientific evidence, but the judge refused to delay the trial to allow it to be obtained. A complaint was also made as to the judge's direction on the treatment of the evidence of the co-accused. The judge's decision in both complaints was at fault, but the prosecution evidence remained compelling. Appeal against conviction refused. On sentence, the offences were grave and the effect upon the victim immeasurable. Nevertheless he was young, limited, vulnerable, and had never before received a custodial sentence. Twelve years reduced to ten.
[ Bailii ]

 
 Regina v Giaquinto; CACD 4-Dec-2001 - [2001] EWCA Crim 2696; [2001] EWCA Crim 2645
 
Regina v Michael Roach [2001] EWCA CRIM 2698
4 Dec 2001
CACD
Lord Justice Potter, Mrs Justice Rafferty, And, His Honour Judge Zucker Qc
Crime
The defendant appealed a conviction for unlawful wounding, claiming a defence of automatism. Witnesses described his behaviour during the incident in ways which suggested this not to be the case. Medical evidence suggested he was capable of acting subject to automatism. Held: The judge had not left to the jury the defence of non-insane automatism, and had been insufficiently clear as to the burden of proof on the prosecution.
1 Cites

[ Bailii ]
 
In Petition By Kirsteen Elizabeth Mcbride
4 Dec 2001
HCJ
Lord Hamilton and Lord Caplan and Lord McEwan
Scotland, Crime

[ ScotC ]
 
Roach, Regina v [2001] EWCA Crim 2648; [2001] EWCA Crim 2700; [2001]
4 Dec 2001
CACD
Potter LJ, Rafferty J, Zucker QC HHJ
Crime
Appeal from rejection of defence of automatism to charge of wounding with intent to do grievous bodily harm
[ Bailii ] - [ Bailii ]
 
Porter, Regina v [2001] EWCA Crim 2647
4 Dec 2001
CACD

Crime

[ Bailii ]
 
Mccutcheon v Her Majesty's Advocate [2001] ScotHC 114
5 Dec 2001
HCJ
Lord Justice Clerk and Lord Coulsfield and Lord Penrose and Lord Macfadyen and Lady Cosgrove and Lord Nimmo Smith and Lord Kingarth and Lord Wheatley and Lord Clarke
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Regina v May [2001] EWCA Crim 2788
7 Dec 2001
CACD

Crime

[ Bailii ]
 
Wayne David Fleming v Her Majesty's Advocate
7 Dec 2001
HCJ
Lord Caplan and Lord Hamilton and Lord MacLean
Scotland, Crime

[ ScotC ]
 
Fleming v Her Majesty's Advocate [2001] ScotHC 120
7 Dec 2001
HCJ

Scotland, Crime

[ Bailii ]
 
Alister Brown and Robert Carruthers Mitchell v Her Majesty's Advocate
7 Dec 2001
HCJ
Lord Caplan and Lord Hamilton and Lord MacLean
Scotland, Crime

[ ScotC ]
 
Regina v Harmer [2002] Crim LR 401
12 Dec 2001
CACD
May LJ, Goldring and Gross JJ
Crime
The defendant claimed duress saying that he had become indebted to his drugs supplier and had been forced to commit the crimes. He said he did not foresee that he might be required to commit crimes for the supplier. Held: The court did not accept this argument: "We cannot accept that where a man voluntarily exposes himself to unlawful violence, duress may run if he does not foresee that under the threat of such violence he may be required to commit crimes. There is no reason in principle why that should be so."
1 Cites

1 Citers


 
Regina (on the Application of Fuller, Wright, Tarr and Booth) v Chief Constable of Dorset Police and Another [2001] EWHC Admin 1039
12 Dec 2001
Admn
Justice Stanley Burnton
Crime, Human Rights, Land
The applicants sought to test the human rights compatibility of the section when applied to gypsies. The travellers sought to stay on land within the district. The local authority used its policy, and agreed to tolerate the encampment for a short time. There was a serious incident with police officers being held temporarily. After refusing to leave, police raided the encampment. Held The section had to be construed tightly since it created a criminal offence. 61(1) requires that the trespassers have not complied with the occupier’s request that they leave as a condition of the making of a direction by the police The question was not whether the section infringed rights, but whether a direction given under the section was an infringement. A landowner requesting trespassers to remove their goods from his land is not infringing the right to possession of goods. The section provided remedies and was proportionate. Their presence on the land was temporary, and the encampment was not their home within the article, but there could be an interference with family life. In this case though the travellers had not been given opportunity to comply with the request for them to leave, and the reaction of the police was disproportionate. The direction was not valid.
Criminal Justice and Public Order Act 1994 61
[ Bailii ] - [ Bailii ] - [ Bailii ]

 
 Regina v Dias; CACD 13-Dec-2001 - [2002] 2 Cr App R 96; [2001] EWCA Crim 2986; [2001] All ER (D) 198
 
Turner, Regina v [2001] EWCA Crim 2918
13 Dec 2001
CACD

Crime

[ Bailii ]
 
London Borough of Richmond Upon Thames v London Concrete Ltd [2001] EWHC Admin 1077
13 Dec 2001
Admn
The Honourable Mr Justice Hooper
Road Traffic, Crime
The respondent company was acquitted after its vehicle, exceeding the maximum weight, was driven on a restricted street in contravention of the regulations. No unrestricted street allowed access to the destination. The delivery was on the company's business, but the driver was self employed. The district judge had held that it was sufficient of the lorry was being used ' for the purposes of the Respondent company’s business', but that the company had discharged the burden of showing it was not itself using the vehicle. The prosecutor appealed. Held: The offence in question is one of strict or absolute liability. This is best not seen as a case of vicarious liability, but rather of a special use of the word 'use' in road traffic law. The test was “Is the owner reasonably capable of giving instructions and exercising control over the driver to ensure compliance with Article 3?” In this case the district judge had applied the wrong test, and the appeal was allowed.
Greater London (Restriction of Goods Vehicles) Traffic Order 1995 Art 3 - Road Traffic Regulations Act 1984 8(1)
1 Cites

[ Bailii ]

 
 Regina v Horsman; CACD 14-Dec-2001 - [2001] EWCA Crim 3040
 
Regina v Hughes [2001] EWCA Crim 2808
18 Dec 2001
CACD
Mance LJ, Penry-Davey, Leveson JJ
Crime
Appeal against conviction for murder. Held: The appeal failed: "the evidence we have heard raised no doubt in our minds, and we do not consider that it might reasonably have affected the decision of the trial jury to convict if it had been given at trial."
[ Bailii ]
 
Regina v Clive Louden Carass Times, 21 January 2002; Gazette, 27 February 2002; [2001] EWCA Crim 2845; [2002] 1 WLR 1214; [2002] 2 Cr App R 4
19 Dec 2001
CACD
Lord Justice Waller, Mr Justice Rougier and Mr Justice Stanley Burnton
Crime, Insolvency, Evidence
When a defendant was accused of an offence under the section, and wished to raise a defence under sub-section 4, the duty of proof placed on him by the sub-section amounted to a duty to bring sufficient evidence to raise the defence, and the section did not transfer the burden from the prosecution. Held: To justify a transfer of the burden of proof, it had to be shown that this was required, and a persuasive burden rather than an evidential burden was not justified. There was no sufficient threat to society which required a higher burden. The words should be read to require the defendant to adduce sufficient evidence.
Insolvency Act 1986 206 (1)(a)
1 Cites

1 Citers

[ Bailii ]
 
Regina v Rooney [2001] EWCA Crim 2844
19 Dec 2001
CACD

Crime

[ Bailii ]
 
Regina v Massey [2001] EWCA Crim 2850
20 Dec 2001
CACD

Crime

[ Bailii ]
 
Regina v Brown [2001] EWCA Crim 2828
20 Dec 2001
CACD

Crime

[ Bailii ]
 
Regina v Howell and Another [2001] EWCA Crim 2862
21 Dec 2001
CACD

Crime

[ Bailii ]
 
Regina v Morina and Another [2001] EWCA Crim 2851
21 Dec 2001
CACD

Crime

[ Bailii ]
 
Regina v Barlow [2001] EWCA Crim 2936
21 Dec 2001
CACD

Crime

[ Bailii ]
 
Percy v Director of Public Prosecutions Times, 21 January 2002; [2001] EWHC Admin 1125
21 Dec 2001
Admn
Lord Justice Kennedy and Mrs Justice Hallett
Crime, Human Rights
The defendant had been convicted of using words or behaviour likely to cause harassment alarm or distress, when she defaced the US flag, and stood on it before a US military officer. She said that the defacing of flags was a common form of protest, that she had no intention to cause alarm or distress, and that any such restriction unjustifiably restricted her right to freedom of expression. Held: The conviction could not be supported. It was a proper purpose to prevent behaviour which caused insult and distress, and there is a pressing social need in a multicultural society to prevent the denigration of objects of veneration and symbolic importance for one cultural group. Nevertheless, the second stage of the test looked to whether any infringement was a proportionate response. The availability of alternate ways of expressing her feelings was only one factor, and the judge had taken insufficient note of the need to protect freedom of speech.
Public Order Act 1986 5 - European Convention on Human Rights Art 10
1 Cites

1 Citers

[ Bailii ]
 

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