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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: 2002 To: 2002

This page lists 460 cases, and was prepared on 21 May 2019.

 
Regina v Morris [2002] EWCA Crim 137
2002
CACD

Crime
The meaning of the word 'obvious' in a statute was in itself so clear that it should not be defined for a jury.
1 Citers



 
 Shum Kwok Sher; 2002 - [2002] 5 HKFAR 381
 
Regina v Lockwood [2002] EWCA Crim 60
2002
CACD
Mitchell and Keith JJ
Crime
The court heard a second application in person for permission to appeal a conviction for producing cannabis. The defence was necessity. He claimed to use cannabis medicinally to relieve pain. He complained about the judge's directions on the defence to the effect that the prosecution had to satisfy the jury that necessity was not a possibility, and that they could only convict if they rejected what the defendant said. The jury were to consider whether they were sure that he only relied on this defence after he had been told about it after his interview and it had not occurred to him beforehand, followed by a direction that "If you are sure that necessity played no part in this until after the interview, then he is guilty". Held: The "directions were both clear and correct. Having correctly directed them on necessity, the issue was left to the jury in terms which could not have been made clearer".
Misuse of Drugs Act 1971
1 Citers


 
Zezev and Yarimaka v Governor of HM Prison Brixton and another [2002] 2 Cr App R 33
2002
CACD
Lord Chief Justice Lord Woolf, Wright J
Crime
Wright J said: "But if an individual, by misusing or bypassing any relevant password, places in the files of the computer a bogus e-mail by pretending that the password holder is the author when he is not, then such an addition to such data is plainly unauthorised, as defined in section 17(8); intent to modify the contents of the computer as defined in section 3(2) is self-evident and, by so doing, the reliability of the data in the computer is impaired within the meaning of section 3(2)(c)."
Computer Misuse Act 1990 3(2)
1 Citers


 
Regina v Rhodes [2003] FSR 147; [2002] EWCA 1390
2002
CACD
Kay LJ and Andrew Smith J
Intellectual Property, Crime
Andrew Smith J: "No doubt in many cases the fact that a trader could ascertain whether a trade mark was registered by searching the register will make it extremely difficult to establish a belief involving ignorance of a registered mark is held on 'on reasonable grounds'."
Trade Marks Act 1994
1 Cites

1 Citers


 
E v Director of Public Prosecutions [2002] Crim LR 737
2002
CACD

Crime

1 Citers


 
Regina v Benguit [2005] EWCA Crim 1953
2002
CACD

Crime

1 Citers


 
Regina v Johnstone [2002] EWCA Crim 194
2002
CACD

Intellectual Property, Crime

1 Cites

1 Citers



 
 Regina v Venn; CACD 2002 - [2002] EWCA Crim 236
 
Barry Mclean v Procurator Fiscal, Perth [2002] ScotCS 5
8 Jan 2002
HCJ
Lord Coulsfield and Lord Caplan and Lord Philip
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Mclean v Procurator Fiscal, Perth [2002] ScotHC 340
8 Jan 2002
HCJ

Scotland, Crime

[ Bailii ]
 
William Burns Murray v Procurator Fiscal, Kilmarnock
10 Jan 2002
HCJ
Lord Caplan and Lord Kirkwood and Lord Philip
Scotland, Crime

[ ScotC ]
 
Stewart Gillespie v Her Majesty's Advocate
10 Jan 2002
HCJ
Lady Cosgrove and Lord Kirkwood and Lord Osborne
Scotland, Crime

[ ScotC ]
 
Murray v Procurator Fiscal, Kilmarnock [2002] ScotHC 341
10 Jan 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Walsh, Regina v [2002] NICA 1
11 Jan 2002
CANI

Crime

[ Bailii ]
 
Mills, Regina v [2002] EWCA Crim 26
14 Jan 2002
CACD

Crime

[ Bailii ]
 
Irvine, Regina v [2002] EWCA Crim 29
14 Jan 2002
CACD

Crime

[ Bailii ]
 
Woodhead, R. v [2002] EWCA Crim 45
14 Jan 2002
CACD

Crime

[ Bailii ]
 
Downing, Regina v [2002] EWCA Crim 263
15 Jan 2002
CACD

Crime

[ Bailii ]
 
Regina v Hussain, Regina v Bhatti, Regina v Bhatti Times, 31 January 2002; [2002] EWCA Crim 6; [2002] 2 Cr App R 26
16 Jan 2002
CACD
Lord Justice May, Mr Justice Goldring and Mr Justice Gross
Crime
It was possible to have an indictment which alleged a conspiracy to commit either one of two alternative offences. A conspiracy could clearly be to commit more than one offence. The phrase in the section "offence or offences" should not be construed exclusively conjunctively. It is the agreement which is at the heart of a conspiracy charge.
Criminal Law Act 1977 1(1)
1 Cites

1 Citers

[ Bailii ]
 
R, R v [2002] EWCA Crim 165
17 Jan 2002
CACD

Crime

[ Bailii ]
 
Sweeney v Her Majesty's Advocate [2002] ScotHC 342
18 Jan 2002
HCJ

Crime

[ ScotC ] - [ Bailii ]
 
James Hunnam v Procurator Fiscal, Haddington
18 Jan 2002
HCJ
Lord Coulsfield and Lord Carloway and Lord Marnoch
Scotland, Crime

[ ScotC ]
 
Greenaway, Regina v [2002] NICC 7
22 Jan 2002
CCNI

Northern Ireland, Crime

[ Bailii ]
 
Hoekstra and others v Her Majesty's Advocate [2002] ScotHC 343
23 Jan 2002
HCJ

Scotland, Crime

[ Bailii ]

 
 Regina v Davies; CACD 23-Jan-2002 - [2002] EWCA Crim 85; ([2002] 1 WLR 1806)
 
Regina v Ray [2002] EWCA Crim 84
23 Jan 2002
CACD

Crime

[ Bailii ]
 
C, R v [2002] EWCA Crim 138
23 Jan 2002
CACD

Crime

[ Bailii ]
 
Robbie the Pict v Her Majesty's Advocate
23 Jan 2002
HCJ
Lord Cameron of Lochbroom and Lady Cosgrove and Lord Carloway
Scotland, Crime

[ ScotC ]
 
Hoekstra and Van Rijs and Van Rijs and Van Rijs v Her Majesty's Advocate [2002] ScotCS 20
23 Jan 2002
HCJ
Lord Coulsfield and Lord Justice Clerk and Lord Osborne
Scotland, Crime

1 Cites

[ ScotC ] - [ Bailii ]
 
Regina v Murphy and Another [2002] EWCA Crim 120
25 Jan 2002
CACD

Crime

[ Bailii ]
 
Crooks v Procurator Fiscal, Cupar [2002] ScotCS 24
25 Jan 2002
HCJ
Lord Coulsfield and Lord Dawson and Lady Paton
Scotland, Crime

[ ScotC ] - [ Bailii ]
 
Drake, Regina v [2002] NICA 6
25 Jan 2002
CANI

Crime

[ Bailii ]
 
Crooks v Procurator Fiscal, Cupar [2002] ScotHC 344
25 Jan 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Lobban, R v [2002] EWCA Crim 127
29 Jan 2002
CACD

Crime

[ Bailii ]
 
Dyer v Watson and Burrows Times, 04 February 2002; (DRA Nos 1 and 2 of 2001); 2002 SLT 229; [2004] 1 AC 379; [2002] UKPC D1
29 Jan 2002
PC
Lord Bingham of Cornhill, Lord Hope of Craighead Lord Hutton, Lord Millett, Lord Rodger of Earlsferry
Criminal Practice, Scotland, Crime, Human Rights
Parties challenged the compliance of proceedings with the convention where there had been considerable delay. Held: The reasonable detention provision (article 5(3)) and the reasonable time requirement (article 6(1)) conferred free-standing rights, which could be broken notwithstanding absence of effect on the fairness of the trial. The threshold for delay was high, but once established the court must look at the particular case, referring to the complexity of the case, contributions to the delay by the defendant and by the prosecution. Shortage of facilities for prosecutors was not to be accepted as a valid reason for delay. Neither defendant was held in custody. In one case, police officers complained of a twenty month delay. That was not sufficient to breach their rights. A youth complained of a twenty seven month delay. He was still only sixteen at the date of trial This delay did infringe his rights. When examining the reasonable time provisions for children, the court must also look to obligations under the UN Convention.
(The High Court of Justiciary) During a trial, the appellant police officers gave evidence which the sheriff openly said appeared to him to be perjured. The officers complained that the delay in prosecution was a devolution issue, and an infringement of their rights to a speedy trial. The second case involved a delayed case involving investigation of allegations of child sex abuse by a youth. Held: The delay from April 1998 to January 1999 had to be looked at in the context of the simplicity of the case against the officers and the need for prosecutions of police officers to be given priority. In JK's case the prosecution was required to proceed within a year and had failed to do so. The procedural law of Scotland is distinctive in including stringent rules to avoid delay in criminal proceedings, but the statutory rules do not apply to summary proceedings. The reasonable detention and reasonable time requirements confer important rights on the individual, and they should not be watered down or weakened, but the rights do not exist in a vacuum. The convention is concerned not with departures from the ideal, but with infringements of basic human rights. In the police officers' case a delay of twenty months was not enough of itself to be such an infringement. The prosecutors appeal against the action being struck out was upheld. In JKs case as a child it was important that proceedings be speedy. In this case an overall delay of up to 28 months was in the absence of proper explanation from the crown, unreasonable.
European Convention for the Protection of Human Rights and Fundamental Freedoms - United Nations Convention on the Rights of the Child and the United Nations Standard Minimum Rules for the Administration of Justice - European Convention on Human Rights - Scotland Act 1998 6 - Criminal Procedure (Scotland) Act 1995 65(1) - United Nations Convention on the Rights of the Child
1 Cites

1 Citers

[ PC ] - [ PC ] - [ PC ] - [ Bailii ] - [ PC ]
 
Regina v Gordon [2002] EWCA Crim 1
30 Jan 2002
CACD

Crime

[ Bailii ]
 
Kerr v Her Majesty's Advocate [2002] ScotHC 345
30 Jan 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Regina v Errol Garvey [2002] EWCA Crim 2
30 Jan 2002
CACD
Lord Justice Henry Mr Justice Holman And Mr Justice Grigson
Crime
The appellant appealed a conviction for manslaughter and his sentence. There was a history of conflict between the appellant and the victim, and both had met up carrying knives. Witnesses said the appellant was the attacker. He claimed the judge had given a misdirection as to self-defence. Held: An assertion as to a misdirection must specify the precise fault alleged. This did not happen here. The case involved a defendant arming himself with two knives, and setting off looking for a fight in anger. The sentence of nine years was not excessive.
Homicide Act, 1957 3
1 Cites

[ Bailii ]
 
Kenneth Kerr v Her Majesty's Advocate [2002] ScotCS 27
30 Jan 2002
HCJ
Lord Justice Clerk and Lord Cameron of Lochbroom and Lord McCluskey
Scotland, Crime

[ ScotC ] - [ Bailii ]
 
Colthrop Board Mill Ltd, Regina v [2002] EWCA Crim 520
31 Jan 2002
CACD

Crime

[ Bailii ]
 
Regina v Johnstone, etc Times, 12 March 2002; Gazette, 28 March 2002; [2002] EWCA Crim 194
1 Feb 2002
CACD
Lord Justice Tuckey, Mr Justice Pumfrey and Mr Justice Burton
Crime, Intellectual Property
The several defendants appealed convictions for breaches of section 92 of the Act. Held: The section presumed that a civil infringement of the Trade Mark had taken place. Accordingly any of the defences available to a civil action must be available also against a criminal action. Furthermore there was no conflict between the Act and the Directive.
Council Directive 89/104/EEC (OJ 1989 L40/5) the Trade Marks Directive - Trade Marks Act 1994
1 Cites

[ Bailii ]
 
Szczerba, Regina v [2002] EWCA Crim 440
6 Feb 2002
CACD

Crime

[ Bailii ]
 
A J E v Her Majesty's Advocate
6 Feb 2002
HCJ
Lord Hamilton and Lord McCluskey and Lord Justice Clerk
Scotland, Crime

[ ScotC ]
 
In Petition To the Nobile Officium of the High Court of Justiciary By Mary Ryan
6 Feb 2002
HCJ
Lady Cosgrove and Lady Paton and Lord Justice Clerk and Lord Marnoch and Lord Reed
Scotland, Crime

[ ScotC ]
 
Martin v Her Majesty's Advocate [2002] ScotHC 346
7 Feb 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Her Majesty's Advocate v Robert David Docherty Urquhart
7 Feb 2002
HCJ
Lord Mackay of Drumadoon
Scotland, Crime

[ ScotC ]
 
Regina v Barnett Times, 28 March 2002
7 Feb 2002
CACD
Lord Justice Rose, Mr Justice Jackson and Mr Justice Owen
Crime
The defendant gave three contradictory stories to explain a valuable painting found under his bed. He appealed his conviction, saying the judge should have given a Lucas direction to the effect that the fact that he had lied, did not mean inevitably that he was guilty. Many defendants to handling charges will give stories which will not be believed. Held: A Lucas direction need not always been given, and it would be absurd to suggest one was always required in handling cases. It was necessary to avoid the 'forbidden lines' of reasoning, but that had been done in this case.
1 Cites


 
Craig Inness Martin v Her Majesty's Advocate
7 Feb 2002
HCJ
Lord Kirkwood and Lord Cowie and Lord Caplan
Scotland, Crime

[ ScotC ]
 
Bromfield v Regina [2002] EWCA Crim 195
8 Feb 2002
CACD
Lord Justice Rose, Mr Justice Steel, Mr Justice Goldring
Crime
The appellant sought to set aside his conviction for rape. At trial he had not given evidence, relying upon his interview at the police station. The judge's direction did not refer to the fact that the defence invited the jury not to draw any inference from the defendant's silence as required. Held: the failure was balanced by implication in other parts of the summing up, and the appeal failed.
[ Bailii ]
 
Regina v Cakmak; Regina v Cavcav; Regina v Talay; Regina v Can etc Times, 28 March 2002
8 Feb 2002
CACD
Lord Justice Kennedy, Mr Justice Aikens and Mr Justice Pitchford
Crime
The applicants each took part in an occupation of pods on the London Eye. They appealed convictions for threatening criminal damage, alleging the judge had misdirected the jury on the necessary ingredients of the offence. Held: Section 2, as opposed to section 1, did not refer to recklessness, requiring under either sub-section, the threat that damage would be caused, but differing again according to the ownership of the property threatened. The sections required clear explanation for the jury, and that had not been given here, and the appeals were allowed.
Criminal Damage Act 1971 2(a)

 
Gormley and Another v Her Majesty's Advocate [2002] ScotHC 1
12 Feb 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Daniel and Ella Gormley v Her Majesty's Advocate
12 Feb 2002
HCJ
Lord Cameron of Lochbroom and Lord Kingarth and Lord Carloway
Scotland, Crime

[ ScotC ]
 
Gormley and Another v Her Majesty's Advocate [2002] ScotHC 1
12 Feb 2002
HCJ

Crime

[ Bailii ]
 
Regina v Paul Alexander Cleeland [2002] EWCA Crim 293
13 Feb 2002
CACD
Lord Justice Potter, Mr Justice Wright, And, Mr Justice Penry-Davey
Crime
The applicant appealed a conviction from 1973 for murder. The essential question was as to whether the court on an appeal was to apply the standards as at the date of the trial, or at the date of the appeal. Held: Following Pendleton, the sole criterion is what the appeal court felt about the safety of the conviction. If evidence then relied upon might now have been excluded, the test was to ask whether the conviction might have been entered without that evidence. The several grounds of appeal were not substantiated. Though there was some criticism of an expert's evidence, the appeal was dismissed.
Criminal Appeal Act 1995 95 - Criminal Appeal Act 1968 2(1)
1 Cites

[ Bailii ]
 
Regina v Naci Vedat Natji Times, 12 March 2002; [2002] EWCA Crim 271
14 Feb 2002
CACD
Lord Justice Mantell, Mr Justice Bennett, And, His Honour Judge Stephens Qc
Crime
The defendant was charged with an offence under the 1889 Act. He had been alleged to have paid an immigration officer for the handing over of certain files which were then destroyed. At trial, the defendant argued that since the officer was an employee of the crown, and the Crown was not a public body within the definition in that Act, the acts did not fall within the 1889 Act, and that he should rather have been charged under the 1906 Act. The 1916 Act extended the definition. Held: The 1916 definition included 'public authorities of all descriptions' The wording must be checked against the meaning intended at the time, and not by reference to later uses of similar phrases in other Acts. The same 1916 Act, in section 2, drew a clear distinction between the Crown and other public bodies. The Crown was not included in the definition even as amended. The conviction was in error.
Public Bodies Corrupt Practices Act 1889 1(2) - Prevention of Corruption Act 1906 - Prevention of Corruption Act 1916
[ Bailii ]
 
Reynolds v Procurator Fiscal [2002] ScotHC 2
14 Feb 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Regina v Thirwell [2002] EWCA Crim 286
14 Feb 2002
CACD
Lord Justice Pill Mr Justice Buckley And Mrs Justice Hallett DBE
Crime
The defendant appealed his conviction for murder. He said that three pieces of evidence should have been excluded. The police station interview had been conducted against a background where his solicitor had been denied access to a post mortem report. However no deceit had been practised on the solicitor. The objection to the use of reported prison conversations was unsuccessful, and the judge had dealt properly with facts about the condition of the deceased immediately before death. Appeal dismissed.
1 Cites

[ Bailii ]
 
Regina v Jenkins and Another [2002] EWCA Crim 749; 2000/06760/Z4
14 Feb 2002
CACD
Lord Justice Pill, Mrs Justice Hallett Dbe and Mr Justice Davis
Crime
The decision in Smith (Morgan) does not prevent use of the expression 'the reasonable man' in the judge's summing-up, in Weller, when considering how a jury should be directed on provocation, the court plainly regarded the relevant question as being "whether the defendant should reasonably have controlled himself". The judge had also correctly identified the reasoning stages in finding a co-defendant guilty of murder as a secondary party following Gamble.
1 Cites

1 Citers

[ Bailii ]
 
Her Majesty's Advocate v Graeme George Dickie [2002] ScotCS 39; [2002] ScotHC 3
14 Feb 2002
HCJ
Lord Hardie
Scotland, Crime

[ ScotC ] - [ Bailii ] - [ Bailii ]
 
Reynolds v Procurator Fiscal [2002] ScotHC 2
14 Feb 2002
HCJ

Crime

[ Bailii ]
 
Shaun George Reynolds v Procurator Fiscal, Linlithgow
14 Feb 2002
HCJ
Lord Kirkwood and Lord Nimmo Smith
Scotland, Crime

[ ScotC ]
 
Dickie, Her Majesty's Advocate v [2002] ScotHC 3
14 Feb 2002
HCJ

Crime

[ Bailii ]
 
Forrester v Her Majesty's Advocate [2002] ScotHC 4; [2002] ScotHC 4
15 Feb 2002
HCJ

Crime

[ Bailii ] - [ Bailii ]
 
Mcdonagh v Her Majesty's Advocate [2002] ScotHC 6
15 Feb 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Notman v Her Majesty's Advocate [2002] ScotHC 7
15 Feb 2002
HCJ

Scotland, Crime

[ Bailii ]
 
John Easson Notman v Her Majesty's Advocate
15 Feb 2002
HCJ
Lord Cameron of Lochbroom and Lady Cosgrove and Lord Kingarth
Scotland, Crime

[ ScotC ]
 
Mclaughlin v Procurator Fiscal [2002] ScotHC 5
15 Feb 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Robert Andrew Mcfall Mcfarlane v Procurator Fiscal, Paisley [2002] ScotCS 43
15 Feb 2002
HCJ
Lord Coulsfield and Lord Carloway and Lord Wheatley
Scotland, Crime

[ ScotC ] - [ Bailii ]
 
Gary Mclaughlin v Procurator Fiscal, Kirkcaldy [2002] ScotCS 44
15 Feb 2002
HCJ
Lord Caplan and Lord Coulsfield and Lord Philip
Scotland, Crime

[ ScotC ] - [ Bailii ]
 
David Michael Mcdonagh v Her Majesty's Advocate
15 Feb 2002
HCJ
Lord Cameron of Lochbroom and Lady Cosgrove and Lord Wheatley
Scotland, Crime

[ ScotC ]
 
George Forrester v Her Majesty's Advocate
15 Feb 2002
HCJ
Lord Kingarth and Lord Cameron of Lochbroom and Lady Cosgrove
Scotland, Crime

[ ScotC ]
 
Mcfarlane v Procurator Fiscal [2002] ScotHC 8
15 Feb 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Regina v Byrne [2002] EWCA Crim 632
15 Feb 2002
CACD

Crime

1 Citers

[ Bailii ]
 
Mcdonagh v Her Majesty's Advocate [2002] ScotHC 6
15 Feb 2002
HCJ

Crime

[ Bailii ]
 
Mcfarlane v Procurator Fiscal [2002] ScotHC 8
15 Feb 2002
HCJ

Crime

[ Bailii ]
 
Mclaughlin v Procurator Fiscal [2002] ScotHC 5
15 Feb 2002
HCJ

Crime

[ Bailii ]
 
Notman v Her Majesty's Advocate [2002] ScotHC 7
15 Feb 2002
HCJ

Crime

[ Bailii ]
 
Murphy and Another, R v [2002] NICC 1
18 Feb 2002
CCNI

Northern Ireland, Crime

[ Bailii ]
 
Hunter, Regina v [2002] NICC 14
19 Feb 2002
CCNI

Northern Ireland, Crime

[ Bailii ]
 
G, R v [2002] EWCA Crim 634
19 Feb 2002
CACD

Crime

[ Bailii ]
 
Borwick v Procurator Fiscal, Kirkwall
21 Feb 2002
HCJ
Lord Coulsfield and Lord Carloway and Lord Wheatley
Scotland, Crime

[ ScotC ]
 
Borwick v Procurator Fiscal [2002] ScotHC 9
21 Feb 2002
HCJ

Crime

[ Bailii ]
 
Borwick v Procurator Fiscal [2002] ScotHC 9
21 Feb 2002
HCJ

Scotland, Crime

[ Bailii ]
 
S, Regina v [2002] EWCA Crim 542
25 Feb 2002
CACD

Crime

[ Bailii ]
 
Tweedie v Procurator Fiscal [2002] ScotHC 10
26 Feb 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Robert Tweedie v Procurator Fiscal, Glasgow
26 Feb 2002
HCJ
Lord Cameron of Lochbroom and Sir G.H. Gordon, Q.C.
Scotland, Crime

[ ScotC ]
 
Tweedie v Procurator Fiscal [2002] ScotHC 10
26 Feb 2002
HCJ

Crime

[ Bailii ]
 
Shevlin v Her Majesty's Advocate [2002] Scot 11
28 Feb 2002
HCJ

Crime

[ Bailii ]
 
Shevlin v Her Majesty's Advocate [2002] Scot 11
28 Feb 2002
HCJ

Crime

[ Bailii ]
 
Ringland, Regina v [2002] NICA 12
1 Mar 2002
CANI

Crime

[ Bailii ]
 
McBride, Regina v [2002] NICA 11
1 Mar 2002
CANI

Crime

[ Bailii ]
 
Regina v Goodman [2002] EWCA Crim 903; Unreported, 4 March 2002
4 Mar 2002
CACD

Crime

Regulation of Investigatory Powers Act 2000
1 Citers


 
Mcdonald v Procurator Fiscal [2002] ScotHC 22
5 Mar 2002
HCJ

Crime

[ Bailii ]
 
Gary Hicks v Her Majesty's Advocate
5 Mar 2002
HCJ
Lord Justice Clerk and Lord Hamilton and Lord McCluskey
Scotland, Crime

[ ScotC ]
 
Gillan v Her Majesty's Advocate [2002] ScotCS 57; [2002] ScotHC 21
5 Mar 2002
HCJ
Lord Kingarth and Lord Marnoch and Lord Justice Clerk
Crime

[ Bailii ] - [ Bailii ] - [ Bailii ]
 
Hicks v Her Majesty's Advocate [2002] ScotHC 20
5 Mar 2002
HCJ

Crime

[ Bailii ]
 
Hicks v Her Majesty's Advocate [2002] ScotHC 20
5 Mar 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Mcdonald v Procurator Fiscal [2002] ScotHC 22
5 Mar 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Darren Mcdonald v Procurator Fiscal, Forfar
5 Mar 2002
HCJ
Lord Cameron of Lochbroom and Lord Hamilton and Lord Weir
Scotland, Crime

[ ScotC ]
 
Regina v Smith, Regina v Jayson Times, 07 March 2002
7 Mar 2002
CACD
Lord Justice Dyson, Mr Justice Johnson and Judge Sir Rhys Davies, QC
Crime
The defendants were convicted of making indecent quasi-photographs of children under the Act. They had received e-mails, and opened the images in attachments to those e-mails. They appealed saying that the opening of the attachment was not sufficient to constitute the act of making an image. Held: Applying Bowden and Atkins, the deliberate opening of the attachment or the downloading of an image from a web page did create a new image, thereby proliferating the distribution of such images. The defendants were properly convicted. The core test was whether the act of making an image should deliberate, and in the knowledge that the image was, or was likely to be, an indecent photograph or pseudo-photograph of a child.
Protection of Children Act 1978 1(1)
1 Cites


 
Smith, Regina v [2002] EWCA Crim 683
7 Mar 2002
CACD

Crime

[ Bailii ]
 
Andrew Drummond v Regina [2002] EWCA Crim 527; [2002] RTR 21
7 Mar 2002
CACD
His Honour Judge Mckinnon
Crime, Road Traffic, Human Rights
The appellant had been convicted of causing death by careless driving with excess alcohol. He said that he had taken alcohol after stopping driving but before being tested. He challenged the weight of the burden of proof ascribed by the statute. The judge had directed the jury that he faced a persuasive burden of establishing that he would not have been over the limit. He said this infringed the assumption of innocence. Held: Any restriction on the presumption of innocence must be justified. The offence differs from those previously considered in that the test is not as to the intention of the accused, but as to the results of a scientific test. Any inexactness in the scientific test will work in favour of the accused, it is the accused who has done something, by drinking after an accident, to make the scientific test less reliable, and it is within the control of the defendant to say how much he had drunk. The interference with the defendant's human rights was reasonable and no more than was necessary.
Road Traffic Act 1988 3A - Road Traffic Offenders Act 1988 15 - European Convention on Human Rights Art 6(2)
1 Cites

1 Citers

[ Bailii ]
 
Gardiner v Her Majesty's Advocate [2002] ScotHC 24
7 Mar 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Gardiner v Her Majesty's Advocate [2002] ScotHC 24
7 Mar 2002
HCJ

Crime

[ Bailii ]
 
Cunningham v Her Majesty's Advocate [2002] ScotHC 23
7 Mar 2002
HCJ

Crime

[ Bailii ]
 
Robert John Cunningham v Her Majesty's Advocate
7 Mar 2002
HCJ
Lord Coulsfield and Lord MacLean and Lord Sutherland
Scotland, Crime

[ ScotC ]
 
Ian Gardiner v Her Majesty's Advocate
7 Mar 2002
HCJ
Lord Cameron of Lochbroom and Lady Cosgrove and Lord Kingarth
Scotland, Crime

[ ScotC ]
 
Cunningham v Her Majesty's Advocate [2002] ScotHC 23
7 Mar 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Brown v Procurator Fiscal, Falkirk [2002] ScotHC 25
8 Mar 2002
HCJ
Lord Cameron of Lochbroom and Lord Hamilton and Lord Morison
Crime, Road Traffic
The defendant appealed against his conviction for driving with excess alcohol. He complained that the machine used to take his sample of breath did not conform to the necessary type. It had been manufactured by an independent company. Though not approved it was identical to the approved machine. He was convicted on the basis that approval was of a type of a machine, not of a machine.
Road Traffic Act 1988 5(1)(a)
1 Cites

1 Citers

[ Bailii ]
 
Green, Regina v [2002] NICA 14
8 Mar 2002
CANI

Crime

[ Bailii ]
 
Braid, Regina v [2002] EWCA Crim 737
8 Mar 2002
CACD

Crime

[ Bailii ]
 
Thompson, Regina v [2002] NICA 15
8 Mar 2002
CANI

Crime

[ Bailii ]
 
Neil Patrick Connor v Her Majesty's Advocate
13 Mar 2002
HCJ
Lord Cameron of Lochbroom and Lord Kingarth and Lord Carloway
Scotland, Crime

[ ScotC ]
 
Foulis and Another, Her Majesty's Advocate v [2002] ScotHC 29
13 Mar 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Connor v Her Majesty's Advocate [2002] ScotHC 27
13 Mar 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Connor v Her Majesty's Advocate [2002] ScotHC 26
13 Mar 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Her Majesty's Advocate v Dean Foulis and Grant Young
13 Mar 2002
HCJ
Lord Cameron of Lochbroom and Lord Carloway and Lord Kingarth
Scotland, Crime

[ ScotC ]
 
Neil Connor v Her Majesty's Advocate
13 Mar 2002
HCJ
Lord Cameron of Lochbroom and Lord Carloway and Lord Kingarth
Scotland, Crime

[ ScotC ]
 
Connor v Her Majesty's Advocate (Leave) [2002] ScotHC 27
13 Mar 2002
HCJ

Crime

1 Citers

[ Bailii ]
 
Foulis and Another, Her Majesty's Advocate v [2002] ScotHC 29
13 Mar 2002
HCJ

Crime

[ Bailii ]
 
Regina v Burto [2002] EWCA Crim 614
14 Mar 2002
CACD

Crime

[ Bailii ]
 
Megrahi v Her Majesty's Advocate [2002] ScotHC 30
14 Mar 2002
HCJ

Crime

1 Cites

1 Citers

[ Bailii ]
 
Abdelbaset Ali Mohmed Al Megrahi v Her Majesty's Advocate [2002] ScotCS 68; 2002 SLT 1433; 2002 SCCR 509; 2002 JC 99; 2002 GWD 11-335; [2002] ScotHC 30
14 Mar 2002
HCJ
Lord Justice General and Lord Kirkwood and Lord Osborne and Lord Nimmo Smith and Lord Macfadyen
Scotland, Crime

1 Cites

1 Citers

[ ScotC ] - [ Bailii ]
 
Megrahi v Her Majesty's Advocate [2002] ScotHC 30
14 Mar 2002
HCJ

Scotland, Crime

1 Cites

1 Citers

[ Bailii ]
 
Lochridge v Procurator Fiscal [2002] ScotHC 31
19 Mar 2002
HCJ

Crime

[ Bailii ]
 
C, R v [2002] EWCA Crim 785
19 Mar 2002
CACD

Crime

[ Bailii ]
 
Thomas Lochridge v Procurator Fiscal, Paisley
19 Mar 2002
HCJ
Lord Coulsfield and Lord MacLean and Lord Sutherland
Scotland, Crime

[ ScotC ]
 
Hakala, Regina v [2002] EWCA Crim 730; [2002] Crim LR 578
19 Mar 2002
CACD

Crime

1 Citers

[ Bailii ]
 
Fa'afete Taito v The Queen and James McLeod Bennett and 10 others v The Queen (Consolidated Appeals) [2002] EWPC 14; [2002] UKPC 15
19 Mar 2002
PC
Lord Bingham of Cornhill Lord Steyn Lord Hope of Craighead Lord Hutton Lord Rodger of Earlsferry
Commonwealth, Crime, Legal Aid, Human Rights
PC (New Zealand) In each case the defendants had sought and been refused legal aid to appeal against some aspect of their conviction. The system for deciding upon whether they should be granted legal aid did not allow for their participation. They also alleged that the full appeal was then heard again without their involvement and on the basis that since the application for legal aid had been refused, the case was without merit, and the appeal itself was also refused. Held: The system did not properly implement that statute which had been brought in to correct defects in the court practice. Varying orders were made for the several individual cases.
[ PC ] - [ PC ] - [ Bailii ] - [ PC ]
 
Smith, Regina v [2002] EWCA Crim 840
19 Mar 2002
CACD

Crime

[ Bailii ]
 
Lochridge v Procurator Fiscal [2002] ScotHC 31
19 Mar 2002
HCJ

Scotland, Crime

[ Bailii ]
 
B, Regina v [2002] NICA 17
20 Mar 2002
CANI

Crime

[ Bailii ]
 
Lynn v Procurator Fiscal [2002] ScotHC 32
20 Mar 2002
HCJ

Crime

[ Bailii ]
 
Richard Lynn v Procurator Fiscal, Dumfries
20 Mar 2002
HCJ
Lord Kirkwood and Lord Marnoch and Lord Sutherland
Scotland, Crime

[ ScotC ]
 
Lynn v Procurator Fiscal [2002] ScotHC 32
20 Mar 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Gough and Another v Chief Constable of Derbyshire Times, 10 April 2002; Gazette, 23 May 2002; [2002] EWCA Civ 351; [2002] QB 1213; [2002] 3 WLR 289; [2002] 2 All ER 985
20 Mar 2002
CA
Phillips of Worth Matravers, Master of the Rolls, Lord Justice Judge and Lord Justice Carnwath
European, Crime
The appellants challenged the legality under European law of orders under the Act restricting their freedom of movement, after suspicion of involvement in football violence. Held: Although the proceedings under which orders were made were civil, the standard of proof required was virtually that of a criminal court. Public policy could be used to justify an infringement of the citizens' rights under European Law. A football banning order should only be imposed where there were strong grounds for concluding that the individual subject to the order had a propensity for taking part in football hooliganism. Noting the serious consequences: "This should lead the Justices to apply an exacting standard of proof that will, in practice, be hard to distinguish from the criminal standard."
Lord Phillips MR referred to the kind of intelligence information which was being collected, stating: "The tactics of the police have had to respond to this developing phenomenon. There is a football intelligence system co-ordinated by NCIS. Each club has a Football Intelligence Officer, who is known to the prominents as they are known to him. In relation to each match ... information is collected by the police 'spotters' who watch the prominents. The information is collated in an information/intelligence report. The profiles are prepared in reliance on the contents of such reports, and consist in short notes, each giving an outline description of the particular prominent's involvement in actual or threatened trouble in relation to any given match."
Football Spectators Act 1989 14B - Football (Disorder) Act 2000
1 Cites

1 Citers

[ Bailii ]
 
Regina v Sookoo Times, 10 April 2002; [2002] EWCA Crim 800
20 Mar 2002
CACD
Lord Justice Judge, Mr Justice Douglas Brown and Mr Justice Field
Criminal Sentencing, Crime
The defendant appealed against his sentence for attempting to pervert the course of justice and theft. He had received a sentence of six months for the theft and nine months consecutive for perverting the course of justice Held: Allowing the appeal. He had given a false name to the police on being arrested. It was proper to bring a charge of attempting to pervert the course of justice only. It was only right to charge such an offence only where there were seriously aggravating features such as wasted police time and resources or where others, whose names had been given, had been detained. No such factor operated here. Three months concurrent was substituted.
Theft Act 1968 1
1 Citers

[ Bailii ]
 
Sookoo, Regina v [2002] EWCA Crim 800
20 Mar 2002
CACD

Crime

[ Bailii ]
 
The Attorney General for the Cayman Islands v Roberts Appeal No 53 0f 2001; [2002] UKPC 18
21 Mar 2002
PC
Lord Bingham of Cornhill Lord Steyn Lord Hope of Craighead Lord Hutton Lord Rodger of Earlsferry
Crime
(Cayman Islands) The Attorney General appealed against the overturning of a conviction of the defendant for the supply of drugs. A substance had been found under a stone in the defendant's yard, which had been certified to contain cocaine hydrochloride. The defendant challenged the assertion that this proved the case. Notice of the intention to produce the certificate had not been given as required by the statute. Held: Where a defendant is professionally represented, any objection to the form of evidence must be taken at the trial. The wording of the Act was that such evidence was 'not receivable' in evidence. This was distinguishable from saying it could not be admitted, and the certificate was admissible despite the failure to give proper notice. The certificate did not say that the substance found was a controlled drug, but the word 'cocaine' had been found to be a generic name, including the various forms and derivatives. The appeal was allowed, and the case returned to the Appeal court for the remaining appeal issues to be considered.
Misuse of Drugs Law, Law 13 of 1973 (revised 1995) (Cayman Islands) 4(1)(k)
1 Cites

[ PC ] - [ PC ] - [ PC ] - [ The Attorney General f' target-'_ext'>PC ] - [ Bailii ] - [ PC ]

 
 Regina v Shayler; HL 21-Mar-2002 - Times, 22 March 2002; Gazette, 25 April 2002; [2002] UKHL 11; [2003] 1 AC 247; [2002] 2 WLR 754; [2002] ACD 58; [2002] HRLR 33; [2002] 2 All ER 477; [2002] UKHRR 603
 
Regina v Rennie Gilbert Appeal No 10 of 2001; [2002] UKPC 17; [2002] 2 AC 531
21 Mar 2002
PC
Lord Steyn Lord Hobhouse of Woodborough Lord Millett Lord Scott of Foscote Sir Philip Otton
Crime
(Grenada) The defendant had successfully appealed a conviction for attempted rape. He said that he had been convicted on the uncorroborated evidence of the complainant, and that the judge should have given an appropriate warning to the jury. The crown appealed. Held: English law now gave a discretion to the judge as to the need for such a warning, and its strength and context. It had in the past been predicated on a supposed tendency of women complainants to lie. Turnbull warnings were directed at the reliability of an identification, and not to the veracity of a complainant. In this case the warning might not have been needed, and the crown's appeal was allowed.
1 Cites

1 Citers

[ PC ] - [ Bailii ] - [ PC ]
 
Mason and Another, Regina v [2002] EWCA Crim 699
22 Mar 2002
CACD

Crime

[ Bailii ]
 
Regina v Perri [2002] EWCA Crim 747
22 Mar 2002
CACD

Crime

[ Bailii ]
 
Regina v Perrin [2002] EWCA Crim 747
22 Mar 2002
CACD
Lord Justice Kennedy, Lord Justice Potter, And Mr Justice Harrison
Crime, Human Rights, Media
The defendant had been convicted of publishing obscene articles for gain under the Act. He lived in London, and published a web site which was stored or hosted abroad, containing pornographic items. The investigating officer had called up the web-site from within the UK. The defendant appealed saying that he had not acted within the UK, and had not committed the offence, and that the allegation was bad as imprecise, and that there had been no publication within the jurisdiction. Held: Whilst the number of people who might be corrupted had to be more than negligible, no licence to publish was obtained because many readers or viewers would not be corrupted. The availability of the material as a preview page was relevant when considering who might see the article, and may be corrupted. That a viewer may already be corrupted is not to say that the material provided may not further corrupt him. One officer seeing the material was sufficient to constitute publication. The argument as to imprecision required additional words to be imported into the convention. The internet is a worldwide system, and applying the laws of each country in which a page may be read could lead to the most restrictive laws being universally applied. The restriction on expression did engage the defendants rights, but was necessary in a free and democratic society. It was not necessary for a prosecutor to show where the major steps in publication took place to found jurisdiction. See also CL vol 13 issue 2 for comment)
Obscene Publications Act 1959 2(1)
1 Cites

1 Citers

[ Bailii ]
 
Cunningham and others v Procurator Fiscal [2002] ScotHC 34
22 Mar 2002
HCJ

Crime

[ Bailii ] - [ Bailii ]
 
Lord Advocate's Reference No 1 of 2001 v Watt
22 Mar 2002
HCJ
Lady Cosgrove and Lord Marnoch and Lord Nimmo Smith and Lord Wheatley and Lord Menzies and Lord McCluskey and Lord Justice General
Scotland, Crime

[ ScotC ]
 
Regina v Daniel Times, 08 April 2002; [2002] EWCA Crim 959; [2003] 1 Cr App R 99
22 Mar 2002
CACD
Lord Justice Auld, Mr Justice Newman and Mr Justice Roderick Evans
Insolvency, Human Rights, Crime
The defendant appealed a conviction for hiding assets from her receiver following her bankruptcy. He said that recent case law suggested that the burden of establishing the defence under section 352 was evidential only. Held: The conviction predated the Human Rights Act, and was correct at the time. The Carass ruling applied also to the instant section, but since the issue related to interpretation of a statute, and new interpretations of statutes were not retrospective.
Insolvency Act 1986 352 - Human Rights Act 1998 3(1)
1 Cites

1 Citers

[ Bailii ]
 
Watt, Re Lord Advocate's Reference [2002] ScotHC 35; 2002 SLT 466; 2002 GWD 12-360; 2002 SCCR 435
22 Mar 2002
HCJ

Crime
Points of law arising in relation to a charge upon which, on trial in the High Court at Aberdeen there was acquitted
[ Bailii ]

 
 Regina v Kearns; CACD 22-Mar-2002 - Times, 04 April 2002; Gazette, 10 May 2002; [2002] EWCA Crim 748; [2002] 1 WLR 2815; [2003] 1 CAR 7; [2002] BPIR 1213; [2003] 1 Cr App R 7; [2002] Crim LR 653
 
Gillian Mclean v Procurator Fiscal, Inverness [2002] ScotCS 90
22 Mar 2002
HCJ
Lord Justice Clerk and Lord Coulsfield and Lord Weir
Scotland, Crime

[ ScotC ] - [ Bailii ]
 
Cunningham and Gerard Holmes and Stephen Sarsfield v Procurator Fiscal, Elgin and Procurator Fiscal, Airdrie
22 Mar 2002
HCJ
Lord Coulsfield and Lord Justice Clerk and Lord Weir
Scotland, Crime

[ ScotC ]
 
McLean v Procurator Fiscal [2002] ScotHC 33
22 Mar 2002
HCJ

Crime

[ Bailii ]
 
Kavanagh, Regina v [2002] EWCA Crim 904
26 Mar 2002
CACD

Crime

[ Bailii ]
 
Vickers v Her Majesty's Advocate [2002] ScotHC 36
26 Mar 2002
HCJ

Crime

[ Bailii ]
 
John Duncan Blakely v Procurator Fiscal, Glasgow [2002] ScotCS 91
26 Mar 2002
HCJ
Lord Coulsfield and Lord MacLean and Lord Sutherland
Scotland, Crime

[ ScotC ] - [ Bailii ]
 
Vickers v Her Majesty's Advocate [2002] ScotHC 36
26 Mar 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Blakely v Procurator Fiscal [2002] ScotHC 39
26 Mar 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Mann v Procurator Fiscal [2002] ScotHC 40
26 Mar 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Jodie Vickers v Her Majesty's Advocate
26 Mar 2002
HCJ
Lord Coulsfield and Lord MacLean and Lord Sutherland
Scotland, Crime

[ ScotC ]
 
William Mann v Procurator Fiscal, Glasgow
26 Mar 2002
HCJ
Lord Coulsfield and Lord MacLean and Lord Sutherland
Scotland, Crime

[ ScotC ]
 
Regina v Gavin Smart and David Charles Beard [2002] EWCA Crim 772
27 Mar 2002
CACD
Mr Justice Clarke
Crime

[ Bailii ]
 
Steele v Her Majesty's Advocate [2002] ScotHC 41
28 Mar 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Steele v Her Majesty's Advocate [2002] ScotHC 41
28 Mar 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Robert Steele v Her Majesty's Advocate
28 Mar 2002
HCJ
Lord Kirkwood and Lord Osborne and Lord Sutherland
Scotland, Crime

[ ScotC ]
 
Duncan Grant Charles v Her Majesty's Advocate
2 Apr 2002
HCJ
Lord Hamilton and Lord Kingarth and Lord Drummond Young
Scotland, Crime

[ ScotC ]
 
Charles v Her Majesty's Advocate [2002] ScotHC 42
2 Apr 2002
HCJ

Crime

[ Bailii ]
 
Charles v Her Majesty's Advocate [2002] ScotHC 42
2 Apr 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Mcwilliam v Her Majesty's Advocate [2002] ScotHC 43
4 Apr 2002
HCJ

Crime

[ Bailii ]
 
Petition To the Nobile Officium By Andrew Mcwilliam v Her Majesty's Advocate
4 Apr 2002
HCJ
Lord Drummond Young and Lord Hamilton and Lord Reed
Scotland, Crime

[ ScotC ]
 
Mcwilliam v Her Majesty's Advocate [2002] ScotHC 43
4 Apr 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Johannes Cornelius Vervuren v Her Majesty's Advocate [2002] ScotCS 109
12 Apr 2002
HCJ
Lady Paton
Scotland, Crime, Extradition, Human Rights
The applicant had been extradited from Portugal. He said that the procedures in Portugal had infringed his human rights in that he had not had proper representation nor translation, and that his consent to extradition had been under protest as to this. Held: The Sinclair case appeared to remain binding. The court could not look behind apparently valid extradition proceedings in a friendly state. If Sinclair was not good law still, the Horseferry Magistrates Court case did not assist the appellant either. The defects identified were not sufficient to raise a need to investigate the behaviour of the Portuguese courts. There was no general pro-active duty on the British courts to investigate the compliance with Human Rights law of a foreign court.
1 Cites

[ ScotC ] - [ Bailii ]
 
Steadman v Director of Public Prosecutions Times, 03 May 2002; Gazette, 23 May 2002
15 Apr 2002
QBD
Lord Justice Kennedy and Mr Justice Keith
Road Traffic, Crime
The motorist was to be asked to take a breath test at the police station. The defendant was asked if he was on medication, and he produced a pill. The officer went ahead wit the test. At court the defendant said that he should first have sought medical advice to see whether he was fit to be tested. Held: The breath test was not as invasive as the blood test, and therefore less rigorous care was needed. There was no need for the officer to call a doctor in these circumstances. The Wade requirements applied only when the officer was requiring a blood sample.
Road Traffic Act 1988& 5(1)(a) 7(1) 7(3)(a) 7(4)
1 Cites


 
Kurdistan Workers' Party and Others, Regina (on the Application of) v Secretary of State for the Home Department [2002] EWHC 644 (Admin)
17 Apr 2002
Admn

Human Rights, Crime

[ Bailii ]
 
Regina (Smeaton) v Secretary of State for Health and Others Times, 02 May 2002; Gazette, 30 May 2002; [2002] EWHC 610 (Admin); [2002] EWHC 886 (Admin); (2002) 2 FLR 146
18 Apr 2002
Admn
Mr Justice Munby
Crime, Health
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: "SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the procuring of a “miscarriage” within the meaning of the 1861 Act, even – and this is the important point – if the interference takes place before the egg has implanted in the wall of the womb." "The Court of King’s Bench, or its modern incarnation the Administrative Court, is no longer custos morum of the people. " The 1861 Act was an 'always speaking' Act, and was to be interpreted according to our understanding now, not as in 1861. Also the word 'miscarriage' is an ordinary word and is not to be given a technical meaning. On current understanding, pregnancy began once the blastocyst had implanted in the endometrium. The morning after pill operated before that time, and was not an abortifacient. The Regulations were not unlawful. "There would in my judgment be something very seriously wrong, indeed grievously wrong with our system – by which I mean not just our legal system but the entire system by which our polity is governed – if a judge in 2002 were to be compelled by a statute 141 years old to hold that what . . . millions, of ordinary honest, decent, law abiding citizens have been doing day in day out for so many years is and always has been criminal. I am glad to be spared so unattractive a duty. "
Offences against the Person Act 1861 58 59 - Prescription Only Medicines (Human Use) Amendment (No 3) Order 2000 (SI 2000 No 3231) - Abortion Act 1967 - Human Fertilisation and Embryology Act 1990 2(3) 27
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]
 
Brian Mcpherson v Procurator Fiscal, Airdrie [2002] ScotHC 47
18 Apr 2002
HCJ
Lord Caplan and Lord MacLean
Scotland, Crime, Crime

[ ScotC ] - [ Bailii ]
 
Brian Mcpherson v Procurator Fiscal, Airdrie [2002] ScotHC 47
18 Apr 2002
HCJ
Lord Caplan and Lord MacLean
Scotland, Crime, Crime

[ ScotC ] - [ Bailii ]
 
McPherson v Procurator Fiscal [2002] ScotHC 47
18 Apr 2002
HCJ

Crime

[ Bailii ]
 
Regina v Kinnei [2002] EWCA Crim 902
19 Apr 2002
CACD

Crime

[ Bailii ]
 
Leighton, Regina v [2002] NICC 10
22 Apr 2002
CCNI

Northern Ireland, Crime

[ Bailii ]
 
Dennis Leckie v Her Majesty's Advocate
23 Apr 2002
HCJ
Lord Clarke and Lord Bonomy and Lord Marnoch
Scotland, Crime

[ ScotC ]
 
Regina v Elliot [2002] EWCA Crim 931; [2002] EWCA Crim 931
24 Apr 2002
CACD

Crime

[ Bailii ]
 
Regina v Newma [2002] EWCA Crim 939; [2002] EWCA Crim 939
24 Apr 2002
CACD

Crime

[ Bailii ]
 
Margaret Ruth Pupkis v Procurator Fiscal, Peebles
25 Apr 2002
HCJ
Lord Marnoch and Lord Macfadyen and Lord Osborne
Scotland, Crime

[ ScotC ]
 
Regina v Izzigil and others [2002] EWCA Crim 925
25 Apr 2002
CACD

Crime

[ Bailii ]
 
Gary Francis Smith v Her Majesty's Advocate
25 Apr 2002
HCJ
Lord Marnoch
Scotland, Crime

[ ScotC ]
 
Pupkis v Procurator Fiscal [2002] ScotHC 50
25 Apr 2002
HCJ

Crime

[ Bailii ]
 
Pupkis v Procurator Fiscal [2002] ScotHC 50
25 Apr 2002
HCJ

Crime

[ Bailii ]
 
Hynd v Procurator Fiscal [2002] ScotHC 52
26 Apr 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Thomas, Regina v [2002] EWCA Crim 941
26 Apr 2002
CACD

Crime
The hearing was a third appeal upon a reference by the Commission on the defendant's conviction for murder. Held. Auld LJ said that the court's jurisdiction and a duty on a reference, as in an ordinary appeal, is to consider the safety of the conviction. Section 9(2) of the 1995 Act provides that a conviction reference shall be treated "for all purposes" as an appeal under section 1 of the 1968 Act. Section 13(1) of the 1995 Act empowers the Commission to make a reference if it considers that there is a real possibility that the court would not uphold a conviction in the event of a reference because of a new argument or evidence. Section 13(2) empowers it "in exceptional circumstances" to make such a reference even where there is no new argument or evidence and, by necessary implication, acknowledges or extends the power of the court in exceptional circumstances to depart from its previous decision where there is no new argument or evidence.
Criminal Appeal Act 1995 9(2)
1 Cites

1 Citers

[ Bailii ]
 
Robert Webster Shaw v Procurator Fiscal, Glasgow
26 Apr 2002
HCJ
Lord Macfadyen and Lord Marnoch and Lord Osborne
Scotland, Crime

[ ScotC ]
 
Hynd v Procurator Fiscal [2002] ScotHC 52
26 Apr 2002
HCJ

Crime

[ Bailii ]
 
Norman Hynd v Procurator Fiscal, Alloa
26 Apr 2002
HCJ
Lord Macfadyen and Lord Marnoch and Lord Osborne
Scotland, Crime

[ ScotC ]
 
Shaw v Procurator Fiscal [2002] ScotHC 51
26 Apr 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Shaw v Procurator Fiscal [2002] ScotHC 51
26 Apr 2002
HCJ

Crime

[ Bailii ]

 
 Pretty v The United Kingdom; ECHR 29-Apr-2002 - 2346/02; (2002) 35 EHRR 1; [2002] ECHR 427; (2002) 66 BMLR 147; 12 BHRC 149; [2002] Fam Law 588; [2002] 2 FCR 97; [2002] All ER (D) 286 (Apr); [2002] 2 FLR 45
 
Garner, Regina v [2002] EWCA Crim 1166
29 Apr 2002
CACD

Crime

[ Bailii ]
 
Regina v Thomas [2002] EWCA Crim 941
29 Apr 2002
CACD
Lord Justice Auld
Crime
The appellant appealed his conviction for murder. The prosecution case had been that the victim died before a certain time. Witness had come to light after the first trial who knew her, and claimed to have seen her after the time of death according to the prosecution. He had been convicted at a second trial, but a child witness had not been allowed to refresh her memory from interview notes. Held: The Appeal court was not bound by a previous ruling it had made in the same case on a reference by the Criminal Cases Review Commission. However related evidence had been twice rejected by a jury. New evidence appeared uncertain and unreliable. Appeal dismissed.
Criminal Appeal Act 1995 14(5)
1 Cites

1 Citers


 
Fitzpatrick, Her Majesty's Advocate v [2002] ScotHC 60
3 May 2002
HCJ

Crime

[ Bailii ]
 
McLeod, Regina v [2002] EWCA Crim 989
3 May 2002
CACD

Crime

[ Bailii ]
 
Skuse v Regina [2002] EWCA Crim 991
3 May 2002
CACD
Lord Justice Rix
Crime

[ Bailii ]
 
S, R v [2002] EWCA Crim 1091
3 May 2002
CACD

Crime

[ Bailii ]
 
Fitzpatrick, Her Majesty's Advocate v [2002] ScotHC 60
3 May 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Her Majesty's Advocate v Fitzpatrick
3 May 2002
HCJ
Lord Justice Clerk and Lord Kirkwood and Lord Osborne
Scotland, Crime

[ ScotC ]
 
Taylor v Her Majesty's Advocate [2002] ScotHC 61
7 May 2002
HCJ

Crime

[ Bailii ]
 
Taylor v Her Majesty's Advocate [2002] ScotHC 61
7 May 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Gordon Lennox Taylor v Her Majesty's Advocate
7 May 2002
HCJ
Lord Justice General and Lord Hamilton and Lord Kingarth
Scotland, Crime

[ ScotC ]
 
Stopper, Her Majesty's Advocate v [2002] ScotHC 62
10 May 2002
HCJ

Crime

[ Bailii ]
 
Her Majesty's Advocate v Thomas Stopper
10 May 2002
HCJ
Lord Drummond Young and Lord Kingarth and Lord Hamilton
Scotland, Crime

[ ScotC ]
 
Stopper, Her Majesty's Advocate v [2002] ScotHC 62
10 May 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Regina v Cotter and Others Times, 29 May 2002; Gazette, 20 June 2002; [2002] EWCA Crim 1033; [2002] 2 Cr App R 29; [2003] 2 WLR 115
10 May 2002
CACD
Lord Justice Latham, Mr Justice Goldring and Judge Mettyear
Crime, Human Rights
The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial. Held: The appeal failed. where the prosecution case is that a false allegation has been made, all that is required is that the person making the false allegation intended that it should be taken seriously by the police. It is not necessary to prove that she/he intended that anyone should actually be arrested.
The crime of conspiracy to pervert the course of justice was defined clearly in the Northern Ireland case of Bailey. That case set the bounds of justice to include as a part of the definition of a course of justice, a process of investigation. The definition was sufficiently clear not to infringe his human rights.
European Convention on Human Rights 7
1 Cites

1 Citers

[ Bailii ]
 
C, Regina v [2002] NICA 26
10 May 2002
CANI

Crime

[ Bailii ]
 
Felix Augustus Durity v The Attorney General of Trinidad and Tobago [2002] UKPC 20; Appeal No 52 0f 2000
13 May 2002
PC
Lord Nicholls of Birkenhead Lord Hutton Lord Hobhouse of Woodborough Lord Millett Lord Scott of Foscote
Crime, Commonwealth, Constitutional, Limitation, Human Rights
PC (Trinidad and Tobago) The applicant had been a magistrate, and challenged the application of a limitation period to his claim. He had been wrongfully suspended from his work, and the proceedings had been delayed and protracted. No effective progress having been made, he sought to challenge the original suspension. The court refused to hear the application as debarred by limitation. He said that the limitation period should have no application in a case involving a constitutional challenge and infringement of his human rights. Held: Where the state became liable in tort, it was appropriate that limitation defences available to tortfeasors should also be available to the state, but the considerations on constitutional proceedings are different, and the limitation period did not apply. As a magistrate, making a decision in good faith, even if incorrectly, to allow that mistake to be charged as misconduct was to impugn the independence of the judiciary. The failure to pursue the case over a long period of time, with the magistrate suspended amounted to an abuse of power.
[ Bailii ] - [ PC ]
 
Barrie and Mckinnon and Mckay and Norwood and Note of Appeal Against Sentence and Conviction By John Jackson v Her Majesty's Advocate
15 May 2002
HCJ
Lord Coulsfield and Lord Hamilton and Lord McCluskey
Scotland, Crime

[ ScotC ]

 
 Barrie and others v Her Majesty's Advocate; HCJ 15-May-2002 - [2002] ScotHC 64; [2002] ScotHC 64; 2002 GWD 17-557; 2002 SLT 1053
 
James Michael Maitland Clark and John Beattie v Her Majesty's Advocate [2002] ScotCS 136; [2002] ScotHC 63
15 May 2002
HCJ
Lord Coulsfield and Lord Cameron of Lochbroom and Lord Hamilton
Scotland, Crime

[ ScotC ] - [ Bailii ] - [ Bailii ]
 
Clinton Forbes v The Attorney General of Trinidad and Tobago [2002] UKPC 21
15 May 2002
PC

Commonwealth, Crime
PC Trinidad and Tobago
[ PC ] - [ Bailii ] - [ PC ]
 
Clark and Another v Her Majesty's Advocate [2002] ScotHC 63
15 May 2002
HCJ

Crime

[ Bailii ]
 
James, Regina v [2002] EWCA Crim 1119; [2002] EWCA Crim 1119
17 May 2002
CACD

Crime

[ Bailii ]
 
Philip Joshua Rahming v The Queen [2002] UKPC 23; (Appeal No 33 0f 2001)
20 May 2002
PC
Lord Slynn of Hadley Lord Steyn Lord Hutton Lord Hobhouse of Woodborough Lord Rodger of Earlsferry
Commonwealth, Crime, Evidence
(Bahamas) The case was an appeal against a conviction for murder on the basis of the incorrect direction from the judge as to manslaughter and murder, and the failure to give a lies direction. Held: The failure to bring the defendant before a court within 48 hours did not affect the weight of the evidence. The prosecution had not asked the jury to rely upon the fact of the defendant's lies. The judge had failed to distinguish between acts intending causing unlawful bodily harm and those intending causing death. He left the jury with the impression that a reckless killing could suffice for murder. The conviction for murder was quashed and one for manslaughter substituted.
Evidence Act 1996 (Bahamas) 20
1 Cites

[ PC ] - [ PC ] - [ Philip Joshua Rahming ' target-'_ext'>PC ] - [ Bailii ] - [ PC ]
 
Brown and others v Her Majesty's Advocate [2002] ScotHC 65
22 May 2002
HCJ

Crime

[ Bailii ]
 
Brown and others v Her Majesty's Advocate [2002] ScotHC 65
22 May 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Patrick John Lewin v Crown Prosecution Service [2002] EWHC 1049 (Admin)
24 May 2002
Admn
Mrs Justice Hallett
Coroners, Crime, Judicial Review
The applicant sought review of the decision of the respondent not to initiate a prosecution in respect of a death in Spain. The deceased had been left drunk and unconscious in a car in the sun. There was a variance of opinion as to the exact cause of death, but it was said the proposed defendant should not have left him in a car in the hot sun. Held: A decision not to prosecute is susceptible to judicial review, but that should be sparingly exercised. The duty of care assumed by bringing the deceased home in the car could not be extended to care for him afterwards. Application for review dismissed.
1 Cites

[ Bailii ]
 
Information Commissioner v Islington London Borough Council Times, 05 June 2002; Gazette, 11 July 2002; [2002] EWHC 1036 (Admin)
24 May 2002
Admn
Lord Justice Kennedy and Mrs Justice Hallett
Information, Crime
The commissioner appealed a dismissal of her case against a council, complaining that the council knowingly or recklessly used personal data for the collection of council tax, for which registration had expired. Held: It was not necessary to show that the individual officer making use of the data had been aware of the breach. The council itself was the legal person using the data. The knowledge and actions of the directing minds of a corporate body must be taken together with the actions of those to whom administrative functions were delegated. To hold otherwise would make it impossible for any large organisation to be prosecuted under the Act.
Data Protection Act 1984 4
1 Cites

[ Bailii ]
 
Leslie Tiwari v The State (Appeal No 76 of 2001) [2002] UKPC 29; (Appeal No 76 of 2001)
29 May 2002
PC
Lord Nicholls of Birkenhead Lord Hutton Lord Millett Lord Scott of Foscote Sir Andrew Leggatt
Crime, Commonwealth, Evidence
(Trinidad and Tobago) The defendant appealed convictions for rape and other offences based upon identification evidence. He had not been represented at the trial. He had not been warned of his freedom to call witnesses. Held: Where a defendant was unrepresented, the court should warn him of the advisability of having professional representation. Witnesses whose evidence might have been called by him would have given admissible and relevant evidence. The case was remitted for that evidence to be admitted, and the conviction re-examined by the Court of Appeal of Trinidad and Tobago. Time spent in prison after a notice of appeal has been lodged with the Board, should count toward time served.
1 Cites

1 Citers

[ PC ] - [ PC ] - [ Leslie Tiwari v. The S' target-'_ext'>PC ] - [ Bailii ] - [ PC ]
 
Regina v McKoy Times, 17 June 2002
29 May 2002
CACD
Lord Justice Kay, Mr Justice Andrew Smith and Judge Colston, QC
Crime, Police
A police officer attended a domestic incident. Not intending to arrest the husband, he nevertheless placed his hand on the defendant to restrain him. The defendant, believing he was being arrested, struggled to escape and the officer was injured. Held: The judge had misdirected the jury. If, in fact, the restraint was unlawful, then the defendant was entitled to use reasonable force to escape from it. The fact that he believed that the restraint was a lawful arrest did not affect that right.

 
Reference By the Crcrc on the Application of Mccormack v Hma [2002] ScotHC HCJ - 347; 2002 SCCR 765; 2003 JC 1; 2002 GWD 20-645
29 May 2002
HCJ

Scotland, Crime

[ Bailii ]
 
R v Her Majesty's Advocate and Another [2002] ScotHC 67
31 May 2002
HCJ

Crime, Human Rights

1 Citers

[ Bailii ] - [ Bailii ]
 
Winter v Her Majesty's Advocate [2002] ScotHC 66
31 May 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Regina v Colwill [2002] EWCA Crim 1320
31 May 2002
CACD
Lord Justice Mantell
Crime, Evidence
The appellant appealed against a conviction for rape. His defence had been that the complainant was not to be believed. The prosecution withheld from the defence facts about other witnesses complaining about false allegations made by the complainant. Held: The test was whether the facts which might have been established could have been expected to have influenced a jury. It was not clear that all the evidence might have been admissible, not falling within any of the classes of case on which evidence as to a witness' character was admissible. Appeal dismissed.
[ Bailii ]
 
Regina v Kirk; Regina v Russell Times, 26 June 2002; Gazette, 01 August 2002
31 May 2002
CACD
Lord Justice Judge, Mr Justice Hunt and Mr Justice Keith
Crime
The defendants appealed convictions for unlawful sexual intercourse with a girl under 16. They claimed that the availability to a defendant under 23 of a special defence which was not available to them because of their own age was discriminatory. Held: the absence of the defence was not discriminatory. A similar defence was available to a female defendant, and she would be in the same position if she was charged with unlawful sexual intercourse as an aider or abettor. It was neither unreasonable nor disproportionate that once on reaching the age of 24 the defence became unavailable. Some element of arbitrariness was inescapable.
Sexual Offences Act 1956 6(1) 6(3) - European Convention on Human Rights 6 14
1 Citers


 
SK, Regina v [2002] EWCA Crim 1319
31 May 2002
CACD

Crime

[ Bailii ]
 
Winter v Her Majesty's Advocate [2002] ScotHC 66
31 May 2002
HCJ

Crime

[ Bailii ]
 
Dhillon and Another v Regina [2002] EWCA Crim 1326
31 May 2002
CACD

Crime

[ Bailii ]
 
Clive Winter v Her Majesty's Advocate [2002] ScotCS 155
31 May 2002
IHCS
Lord Justice Clerk and Lord Kirkwood and Lord Osborne
Scotland, Crime, Scotland

[ ScotC ] - [ Bailii ]
 
Regina v Her Majesty's Advocate and the Advocate General for Scotland
31 May 2002
HCJ
Lord Caplan and Lord Cameron of Lochbroom and Lord Coulsfield
Scotland, Crime

[ ScotC ]
 
Burns v Regina [2002] EWCA Crim 1324
31 May 2002
CACD

Crime

[ Bailii ]
 
Regina v Murphy [2002] EWCA Crim 1324
31 May 2002
CACD

Crime

1 Citers

[ Bailii ]
 
LS and Another v Regina [2002] EWCA Crim 1327
31 May 2002
CACD
Potter LJ, Rafferty, Hedley JJ
Crime
The defendants appealed against conviction for a robbery, claiming misidentification.
[ Bailii ]
 
Douglas Nelson v Her Majesty's Advocate
5 Jun 2002
HCJ
Lord Justice Clerk and Lord Kirkwood and Lord Osborne
Scotland, Crime

[ ScotC ]
 
Brian James Meighan and Kevin James Kane and David Sutherland Pugh v Her Majesty's Advocate
5 Jun 2002
HCJ
Lord Justice General and Lord Hamilton and Lord Kingarth
Scotland, Crime

[ ScotC ]
 
Nelson v Her Majesty's Advocate [2002] ScotHC 70
5 Jun 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Her Majesty's Advocate v Joseph Herbert Millbank
5 Jun 2002
HCJ
Lord Justice Clerk and Lord Kirkwood and Lord MacLean
Scotland, Crime

[ ScotC ]
 
Nelson v Her Majesty's Advocate [2002] ScotHC 70
5 Jun 2002
HCJ

Crime

[ Bailii ]
 
Her Majesty's Advocate v Millbank [2002] ScotHC 72
5 Jun 2002
HCJ

Crime

[ Bailii ]
 
Meighan and others v Her Majesty's Advocate [2002] ScotHC 71
5 Jun 2002
HCJ

Crime

[ Bailii ]
 
Meighan and others v Her Majesty's Advocate [2002] ScotHC 71
5 Jun 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Her Majesty's Advocate v Millbank [2002] ScotHC 72
5 Jun 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Stuart Gilbert Robertson Sweet v Her Majesty's Advocate
6 Jun 2002
HCJ
Lord Justice Clerk and Lord Kirkwood and Lord MacLean
Scotland, Crime

[ ScotC ]
 
Sweet v Her Majesty's Advocate [2002] ScotHC 73
6 Jun 2002
HCJ

Crime

[ Bailii ]
 
Sweet v Her Majesty's Advocate [2002] ScotHC 73
6 Jun 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Paterson v Procurator Fiscal [2002] ScotHC 74
11 Jun 2002
HCJ

Crime

[ Bailii ]
 
Megarry, Regina v [2002] NICA 29
11 Jun 2002
CANI

Crime

[ Bailii ]
 
Arthur v Her Majesty's Advocate [2002] ScotHC 75
11 Jun 2002
HCJ

Crime

[ Bailii ]
 
Norman Stuart Paterson v Procurator Fiscal, Dunoon
11 Jun 2002
HCJ
Lord Macfadyen and Lord MacLean and Lord McCluskey
Scotland, Crime

[ ScotC ]
 
Paterson v Procurator Fiscal [2002] ScotHC 74
11 Jun 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Andrew Alexander Carling v Her Majesty's Advocate
13 Jun 2002
HCJ
Lord MacLean and Lord Macfadyen
Scotland, Crime

[ ScotC ]
 
Carling v Her Majesty's Advocate [2002] ScotHC 76
13 Jun 2002
HCJ

Crime

[ Bailii ]
 
Carling v Her Majesty's Advocate [2002] ScotHC 76
13 Jun 2002
HCJ

Scotland, Crime

[ Bailii ]
 
W, Regina v [2002] EWCA Crim 1603
17 Jun 2002
CACD

Crime

[ Bailii ]
 
Regina v Murphy Times, 08 July 2002; Gazette, 08 August 2002
18 Jun 2002
CACD
Lord Justice Longmore, Mr Justice Wright and Judge Hyam
Crime
The defendant appealed a conviction for possession of drugs. Having found himself in possession of some cannabis, he had dug a hole in the ground and buried it. He appealed an order from the judge that he was not entitled to rely on the defence of having destroyed it. Held: The judge was correct. It was not enough that natural forces might destroy the drugs where he had put them. 'Destruction' within the section required something rather more final.
Misuse of Drugs Act 1971 5(4)(a)

 
Christian Ekkebus and Albert Hulst and Arjeh Vandijk v Her Majesty's Advocate
18 Jun 2002
HCJ
Lord Drummond Young and Lord Hamilton and Lord Wheatley
Scotland, Crime

[ ScotC ]
 
Ekkebus and Another v Her Majesty's Advocate [2002] ScotHC 77
18 Jun 2002
HCJ

Crime

[ Bailii ]
 
Holland, Regina v [2002] EWCA Crim 1585
18 Jun 2002
CACD

Crime

[ Bailii ]
 
Ekkebus and Another v Her Majesty's Advocate [2002] ScotHC 77
18 Jun 2002
HCJ

Scotland, Crime

[ Bailii ]
 
William Smart Binnie v Her Majesty's Advocate
19 Jun 2002
HCJ
Lord Justice Clerk and Lord Kirkwood and Lord MacLean
Scotland, Crime

[ ScotC ]
 
Binnie v Her Majesty's Advocate [2002] ScotHC 79
19 Jun 2002
HCJ

Crime

[ Bailii ]
 
Binnie v Her Majesty's Advocate [2002] ScotHC 79
19 Jun 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Goatley v The Governor of HM Prison Brixton and the Government of the Netherlands [2002] EWHC 1209 (Admin)
20 Jun 2002
QBD
Lord Justice Kennedy, Nelson J
Extradition, Crime
The second respondent sought the extradition of the applicant for trial for drugs offences. He said that the alleged offences were extra terratorial to the second defendant, but that extradition was restricted to intra territorial offences. Held: The importing of cannabis is an intra-territorial offence, as is a conspiracy to commit that offence. There was jurisdiction, and the request for habeas corpus failed.
Extradition Act 1989 7
1 Cites

[ Bailii ]
 
Sadler, Regina v [2002] EWCA Crim 1722
20 Jun 2002
CACD

Crime

[ Bailii ]
 
Regina v Doring Times, 27 June 2002; Gazette, 28 August 2002
24 Jun 2002
CACD
Lord Justice Buxton, Mr Justice Grigson and Mr Justice Pitchford
Company, Crime
The defendant was charged with acting as a company director whilst being an undischarged bankrupt, and also of being involved in the management of a company using a prohibited name. She said that she had not known that the part she took in the company amounted to acting as a director. The judge directed the jury that they were strict liability offences, they need not ask if she acted dishonestly but whether they objectively amounted to involvement in the management of the company. Held: The judge was correct and the defendant's belief and honesty was not relevant.
Company Directors Disqualification Act 1986 11 - Insolvency Act 1986 216(3)(a) 216(3)(b) 216(3)(c)
1 Cites


 
Mcinnes and Another v Thomson [2002] ScotHC 80
25 Jun 2002
HCJ
Lord Abernethy
Crime

[ Bailii ] - [ Bailii ]
 
Regina v Wahab and Another [2002] EWCA Crim 1570
26 Jun 2002
CACD

Crime

[ Bailii ]
 
Wahab and Another, R V, [2002] EWCA Crim 1724
26 Jun 2002
CACD

Crime

[ Bailii ]
 
J, Re [2002] EWCA Crim 1900
27 Jun 2002
CACD

Crime

[ Bailii ]
 
Butler v United Kingdom Application No 41661/98; Unreported, 27 June 2002
27 Jun 2002
ECHR

Human Rights, Crime
A substantial confiscation order was made with respect to money seized from the applicant on the ground that customs officers believed the money was directly or indirectly the proceeds of drugs trafficking and/or was intended for use in drug trafficking. The applicant contended that a court, when considering whether to make a forfeiture order in the circumstances at issue, "must effectively be asking itself whether the individual concerned was planning at some future stage to use the funds in question for drug-related activity". The Court declared the application inadmissible. Criminal charges have not been brought against the applicant, nor against any other party. The applicant contended that the forfeiture of his money in reality represented a severe criminal sanction, handed down in the absence of procedural guarantees afforded to him under Article 6 of the Convention, in particular his right to be presumed innocent. The Court did not accept that view. The forfeiture was a preventive measure not to be compared to a criminal sanction, since it was designed to take out of circulation money which was presumed to be bound up with the international trade in illicit drugs. The proceedings which led to the making of the order did not involve the determination of a criminal charge.
Drug Trafficking Act 1994 43(1) - European Convention on Human Rights 6
1 Citers


 
Regina v Pisciott [2002] EWCA Crim 1592
27 Jun 2002
CACD

Crime

[ Bailii ]
 
Procurator Fiscal v Sinclair [2002] ScotHC 81
28 Jun 2002
HCJ

Crime

[ Bailii ]
 
Regina v Bristow and Another [2002] EWCA Crim 1571
28 Jun 2002
CACD

Crime

[ Bailii ]
 
Procurator Fiscal, Lerwick v James Robert Sinclair
28 Jun 2002
HCJ
Lord Caplan and Lord Justice Clerk and Lord Marnoch
Scotland, Crime

[ ScotC ]
 
Procurator Fiscal v Sinclair [2002] ScotHC 81
28 Jun 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Director of Public Prosecutions v Dziurzynski Times, 08 July 2002; Gazette, 12 September 2002; [2002] EWHC 1380 (Admin).
28 Jun 2002
QBD
Lord Justice Rose and Mr Justice Gibbs
Crime
The defendant was an animal rights protester who had been accused under the Act of harassing the company and its employees. Held: The act was intended to be used to protect individuals, and not companies. Two incidents were alleged, but no individual had been present at and could complain of harassment on both occasions. The Huntingdon case was not binding because the court had not heard argument from both sides. The employees were not such a closely knit group as to allow any treatment of them as a group. Following the second Huntingdon case, the Act was not to be used to seek to limit public demonstrations. As to the meaning of the word 'person' the legislative history of the provisions pointed against the word meaning a corporation; it was aimed at protecting specific and identifiable victims rather than groups or institutions.
Protection from Harassment Act 1997 4(1) 5(2) - Interpretation Act 1987
1 Cites

1 Citers


 
Regina v Zaman Times, 22 July 2002; Gazette, 12 September 2002
1 Jul 2002
CACD
Lord Justice Longmore, Mr Justice Wright and Judge Goddard, QC
Intellectual Property, Crime
The defendant had been convicted of offences under the Act, and challenged a direction form the judge that the phrases 'with a view to' and 'with intent to' meant different things. Held: The judge's direction was correct. 'With a view to' in this context, meant that the offender contemplated some result, without necessarily wanting or intending it, which might realistically occur.
Trade Marks Act 1994 92(1)

 
Regina v Hassan [2002] EWCA Crim 1727
2 Jul 2002
CACD

Crime

[ Bailii ]
 
Lord Advocate Reference No 1 of 2002 By Her Majesty's Advocate
3 Jul 2002
HCJ
Lord Cameron of Lochbroom and Lord Caplan and Lord Kirkwood
Scotland, Crime

Criminal Procedure (Scotland) Act 1995 123
[ ScotC ]
 
Criminal Procedure (Scotland) Act 1995 Section 123, Re [2002] ScotHC 90
3 Jul 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Criminal Procedure (Scotland) Act 1995 Section 123, Re [2002] ScotHC 90
3 Jul 2002
HCJ

Crime

[ Bailii ]
 
Regina v Stead and Another [2002] EWCA Crim 1697
4 Jul 2002
CACD

Crime

[ Bailii ]
 
Regina v Good [2002] EWCA Crim 1698
4 Jul 2002
CACD

Crime

[ Bailii ]
 
Donald Smith v Procurator Fiscal, Aberdeen
4 Jul 2002
HCJ
Lord Abernethy and Lord Kirkwood and Sheriff Principal E.F. Bowen
Scotland, Crime

[ ScotC ]
 
Smith v Procurator Fiscal [2002] ScotHC 91
4 Jul 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Smith v Procurator Fiscal [2002] ScotHC 91
4 Jul 2002
HCJ

Crime

[ Bailii ]
 
JD, Regina v [2002] NICC 8
5 Jul 2002
CCNI

Northern Ireland, Crime

[ Bailii ]
 
Stevens, Regina v [2002] NICA 33
5 Jul 2002
CANI

Crime

[ Bailii ]
 
Callander v Director of Public Prosecutions [2002] EWHC 1523 (Admin)
10 Jul 2002
Admn

Crime, Magistrates

Road Traffic Act 1988 5(1)(a) - Magistrates Courts (Advance Notice of Expert Evidence) Rules 1997 3
[ Bailii ]
 
Regina v Near [2002] EWCA Crim 1736
10 Jul 2002
CACD

Crime

[ Bailii ]
 
Kenny v Procurator Fiscal, Dumfries [2002] ScotHC 92
10 Jul 2002
HCJ
Lord Abernethy And Lord Kirkwood And Sheriff Principal E.F. Bowen
Scotland, Crime

[ Bailii ] - [ Bailii ] - [ ScotC ]
 
Winter v Director of Public Prosecutions [2002] EWHC 1524 (Admin)
10 Jul 2002
Admn

Crime

[ Bailii ]
 
In re G and S [2003] 1 Cr App R 8; [2002] EWCA Crim 1768; [2002] 3 All ER 840; [2002] Crim LR 845; [2003] 1 WLR 395
11 Jul 2002
CACD

Crime
The defendants had been acquitted on the direction of the judge at trial, and the AG now appealed on a point of law, namely: "Whether on (a) a charge under section 3 of the Forgery and Counterfeiting Act 1981 and (b) a charge under section 17(1)(b) of the Theft Act 1968, where the accused has used a false instrument or furnished false information with a view to obtaining money or other property it is necessary for the prosecution to prove that the accused had no legal entitlement to the money or other property in question" Held: The appeal succeeded.
[ Bailii ]
 
Attorney General's Reference (No 1 of 2001) Times, 07 August 2002; Gazette, 26 September 2002
11 Jul 2002
CACD
Lord Justice Kennedy, Mr Justice Curtis and Mr Justice Pitchford
Crime
The defendants were accused under both the 1981 Act or the 1968 Act of use a false instrument with intent to defraud. They had been acquitted after a ruling from the judge that it was necessary for the prosecution to prove lack of entitlement in the defendant of what was sought to be obtained. The prosecution appealed. Held: There was no such requirement. In this case also the defendants had been seeking more than their entitlement. The appeal succeeded.
Forgery and Counterfeiting Act 1981 3 - Theft Act 1968 17(1)(b) - Criminal Justice Act 1972 36

 
Jeffrey v Her Majesty's Advocate [2002] ScotHC 94
16 Jul 2002
HCJ

Crime

[ Bailii ]
 
Hughes v Her Majesty's Advocate [2002] ScotHC 93
16 Jul 2002
HCJ
Lord Marnoch And Lord Hamilton And Lord Mccluskey
Crime

[ Bailii ]
 
Regina v Gemmel [2002] EWCA Crim 1992
17 Jul 2002
CACD

Crime

[ Bailii ]
 
Dodds v Her Majesty's Advocate [2002] ScotHC 96
17 Jul 2002
HCJ

Crime

[ Bailii ]
 
Regina v Gemmell [2002] EWCA Crim 1992; [2003] 1 Cr App R 343
17 Jul 2002
CACD
Dyson LJ
Crime, Human Rights
Dyson LJ said: "The position is quite clear. So far as Article 6 is concerned, the fairness of the provisions of the substantive law of the Contracting States is not a matter for investigation. The content and interpretation of domestic substantive law is not engaged by Article 6."
European Convention on Human Rights 6
1 Citers

[ Bailii ]
 
Dodds v Her Majesty's Advocate [2002] ScotHC 96
17 Jul 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Regina v G and R Times, 01 August 2002
17 Jul 2002
CACD
Lord Justice Dyson, Mr Justice Silber and Judge Beaumont, QC
Crime, Human Rights
The defendants were children accused of arson being reckless as to the danger of damage. They were not entitled to require the jury to consider as a separate question whether the risk of damage was obvious other than to an ordinary adult. Held: The question at issue was substantial, as to the mens rea and the evidence required to support the charge, and not procedural. Accordingly the defendants' human rights to a fair trial were not engaged. The Caldwell case still applied. That case had been criticised, but still stood. The Convention rights should be construed broadly, but even so remained concerned with procedure, not the substantial fairness of the law.
Criminal Damage Act 1971 1(1) 1(3) - European Convention on Human Rights 6
1 Cites


 
Regina v Boyd, Hastie, Spear (Courts Martial Appeal Court), Regina v Saunby, Clarkson, English, Williams, Dodds, and others Times, 19 July 2002; Gazette, 19 September 2002; [2002] UKHL 31; [2003] 1 AC 734; [2002] 3 All ER 1074; [2002] ACD 97; [2002] HRLR 40; [2002] 3 WLR 437; [2002] HRLR 43; [2003] 1 Cr App R 1
18 Jul 2002
HL
Lord Bingham of Cornhill, Lord Steyn, Lord Hutton, Lord Scott of Foscote and Lord Rodger of Earlsferry
Crime, Armed Forces, Human Rights
The applicants were each convicted by courts martial of offences under civil law. They claimed that the courts martial were not independent tribunals because of the position of the president of the court, and that it was wrong to try a serviceman by court martial an offence committed in the UK or abroad. Held: The law laid down no rules to settle where a serviceman should be tried, but those involving service property or personnel would normally be dealt with by a courts martial, and where no such interests were involved, by a civil court. This was not unfair. The Presidents of the courts martial were senior officers reaching the end of their career. They had permanent positions, and sought no further advancement. They were independent. The lesser duties of lower court officers meant that the court could properly rely upon them to fulfil their oaths, and they were impartial. The system had been substantially improved, and was now compliant.
Army Act 1955 70 - Air Force Act 1955 70 - European Convention on Human Rights - Courts-Martial (Army) Rules 1997 (SI 1997/169)
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
Regina v Muhamad Times, 16 August 2002; [2002] EWCA Crim 1856; [2003] QB 1031; [2003] 2 WLR 1050
19 Jul 2002
CACD
Lord Justice Dyson, Mr Justice Silber and Judge Goddard, QC
Insolvency, Crime, Human Rights
The appellant had been convicted of an offence under the section in that as a bankrupt, he "in the two years before the petition, materially contributed to, or increased the extent of, his insolvency by gambling or by rash and hazardous speculations". The actus reus – the bankruptcy petition and the bankruptcy to which it gives rise – does not exist and may never come to exist at the time of the gambling or speculations. Held: Under Article 7 of the ECHR, retrospectivity under section 362(1)(a) did not offend the principle of legal certainty or Article 7 (in relation to which it was held to be proportionate). There is nothing objectionable in principle with strict liability offences under Article 7 which required a different conclusion, than that the offence under section 362(1)(a) is one of strict liability.
Dyson LJ said: The offences where no mental element is specified, for the most part, attract considerably lower maximum sentences than those where a mental element is specified."
Insolvency Act 1986 362(1)(a) - European Convention on Human Rights 10
1 Cites

[ Bailii ]
 
Regina v Dennis Michael Hayes [2002] EWCA Crim 1855
19 Jul 2002
CACD
Lord Justice Mantell
Crime

[ Bailii ]
 
H and Another v R [2002] EWCA Crim 1880
23 Jul 2002
CACD

Crime

[ Bailii ]

 
 Gaetan Seneque and Jacques David v The Director of Public Prosecutions; PC 24-Jul-2002 - Times, 23 August 2002; [2002] UKPC 42
 
Regina v Dallagher Times, 21 August 2002; [2002] EWCA Crim 1903
25 Jul 2002
CACD
Lord Justice Kennedy, Mr Justice Curtis and Mr Justice Pitchford
Crime, Evidence
The prosecution sought to bring into evidence an ear print. The defendant appealed. Held: The science of identifying ear prints remained under development, but there was nothing to stop it being admitted where appropriately cautious directions were given by the judge. There was no basis for excluding evidence in respect of marks found at the scene of a crime. In this case however there was fresh evidence as to the reliability of these particular marks, which might have affected the jury's decision if it had been available at trial. The conviction was quashed, and a new trial ordered.
1 Citers

[ Bailii ]
 
Donaldson v Procurator Fiscal [2002] ScotHC 97
26 Jul 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Nottingham City Council v Thames Times, 19 August 2002
26 Jul 2002
CA
Lord Justice Ward and Sir Martin Nourse
Housing, Crime, Local Government
The local authority sought an order under the Act after its staff, working at a centre on the estate where the defendant resided had been threatened. Held: There was no sufficient nexus between the staff and residence on the estate. The Enfield case was binding. The staff were not residents entitled to protection under the Act, and protection must be sought elsewhere.
Housing Act 1996 152
1 Cites


 
Regina v Early, Regina v Bajwa, Regina v Vickers etc Times, 02 August 2002; Gazette, 10 October 2002; [2002] EWCA Crim 1904; [2003] 1 Crim App Rep 288
26 Jul 2002
CACD
Lord Justice Rose, Mr Justice Colman and Mr Justice Roderick Evans
Crime
The appellants challenged their convictions after several trials, alleging dishonesty on the part of the Customs and Excise prosecuting team in misleading the trial judges when making pre-trial applications. Several prosecutions had depended upon evidence given by unregistered informants, but whose status and involvement had been hidden from the judge. Held: The need to protect the system of justice meant that courts should not be slow to overturn convictions where it was shown that prosecution behaviour would amount to an abuse of process. In this case also freely entered into guilty pleas were set aside because they had been entered on the basis that the prosecution had made full disclosure where in fact they had not. The Court referred to the possibility of the prosecution case being regarded as "tainted beyond redemption, however strong the evidence against the defendant may otherwise be"). Retrials were not possible because sentences had been served and such trials would have insurmountable difficulties.
1 Cites

1 Citers

[ Bailii ]
 
Donaldson v Procurator Fiscal [2002] ScotHC 97
26 Jul 2002
HCJ

Crime

[ Bailii ]
 
Barry George v Regina Times, 30 August 2002; Gazette, 03 October 2002; [2002] EWCA Crim 1923
29 Jul 2002
CACD
Lord Woolf, Lord Chief Justice, Mr Justice Curtis and Mr Justice Henriques
Crime, Evidence
There had been an identification parade, but the witness had not made an unqualified identification of the defendant. He now appealed admission of the evidence from ID parade. Held: Recognising the difficulties in identification evidence, and the dangers identified in Turnbull, with appropriate caution a qualified identification might be admitted, either where it supported other evidence, or where the context explained the limited identification, and was not used to undermine a witness. The judge must take care to balance the prejudice and the value of the evidence before admitting it.
1 Cites

1 Citers

[ Bailii ]
 
Smith, Regina v [2002] EWCA Crim 2074
30 Jul 2002
CACD

Crime

[ Bailii ]
 
Badcock v Hertfordshire County Council [2002] EWCA Crim 1941
30 Jul 2002
CACD

Crime

[ Bailii ]
 
Duff, Regina v [2002] EWCA Crim 2117
30 Jul 2002
CACD

Crime

[ Bailii ]
 
Regina v Mushta [2002] EWCA Crim 1943
30 Jul 2002
CACD

Crime

[ Bailii ]

 
 Regina v Wacker; CACD 31-Jul-2002 - Times, 05 September 2002; Gazette, 10 October 2002; [2002] EWCA Crim 1944; [2003] QB 1207

 
 Regina v Maynard, Dudley etc; CACD 31-Jul-2002 - [2002] EWCA Crim 1942

 
 Plinio Galfetti v Regina; CACD 31-Jul-2002 - [2002] EWCA Crim 1916
 
City of Westminster and Others, Regina (on the Application of) v Mayor of London [2002] EWHC 2440 (Admin)
31 Jul 2002
CACD

Crime

[ Bailii ]
 
Regina v Hayes [2002] EWCA Crim 1945
1 Aug 2002
CACD
May LJ, Cresswell J, Sir Richard Rougier
Crime
Appeal against conviction for murder
[ Bailii ]
 
London Borough of Croydon v Burdon [2002] EWHC 1961 (Admin)
6 Aug 2002
Admn
Wilkie J
Crime, Licensing

London Local Authorities Act 1990 38(1)(a)
[ Bailii ]
 
Ditta v Her Majesty's Advocate [2002] ScotHC 100
14 Aug 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Ditta v Her Majesty's Advocate [2002] ScotHC 100
14 Aug 2002
HCJ

Crime

[ Bailii ]
 
Beglan, Petition To the Nobile Officium By [2002] ScotHC 103
15 Aug 2002
HCJ

Crime

[ Bailii ] - [ Bailii ]
 
Mallin v Procurator Fiscal [2002] ScotHC 101; 2002 GWD 26-885; 2002 SLT 1202; 2002 SCCR 901
15 Aug 2002
HCJ
Lord McLuskey
Crime
The appellant challenged his conviction for having allowed a police search without disclosing that he had about his person a concealed used syringe.
[ Bailii ]
 
Palmer v Her Majesty's Advocate [2002] ScotHC 104
16 Aug 2002
HCJ

Crime

[ Bailii ]
 
Palmer v Her Majesty's Advocate [2002] ScotHC 104
16 Aug 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Kelly v Procurator Fiscal [2002] ScotHC 106
17 Aug 2002
HCJ
Lord Cameron Of Lochbroom And Lord Justice Clerk And Lord Maclean
Crime
Appeals against sentence for non-attendance at court and breach of supervised attendance orers.
[ Bailii ]
 
Madden v Procurator Fiscal [2002] ScotHC 107
27 Aug 2002
HCJ

Crime

[ Bailii ]
 
Madden v Procurator Fiscal [2002] ScotHC 107
27 Aug 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Reid v Procurator Fiscal [2002] ScotHC 108
28 Aug 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Reid v Procurator Fiscal [2002] ScotHC 108
28 Aug 2002
HCJ

Crime

[ Bailii ]
 
Withers v Her Majesty's Advocate [2002] ScotHC 120
3 Sep 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Pushpanathan v Canada (Minister of Citizenship and Immigration) [2002] FCJ No 1207; 2002 FCT 867
3 Sep 2002

Blais J
Immigration, Human Rights, Crime, Commonwealth
FCC (Federal Court of Canada - Trial Division) - Application by Pushpanathan for judicial review of a decision of the Convention Refugee Determination Division that he was not a Convention refugee. Pushpanathan was a Tamil citizen of Sri Lanka. He alleged that he was persecuted on the basis of his political opinions and was detained after participating in a political demonstration. While in Canada, Pushpanathan was convicted of conspiracy to traffic heroine along with five other Tamils and served over two years in a federal penitentiary. At his first hearing, the Refugee Division found that the conviction excluded him from refugee status because it was contrary to the purposes and principles of the United Nations. On appeal, the court ordered a new hearing. At the second hearing, the Refugee Division found that Pushpanathan was excluded from refugee protection on the basis of his involvement in crimes against humanity and terrorist activities associated with the Liberation Tigers of Tamil Eelam.
HELD: Application dismissed. The standard of review was less than a balance of probabilities. The Refugee Division correctly concluded that the Liberation Tigers was a terrorist organization. Through the trafficking of narcotics, Pushpanathan was complicit in supporting the Liberation Tigers and demonstrated a personal knowing participation and common purpose with the Tigers.
1 Citers

[ UNCHR ]
 
Withers v Her Majesty's Advocate [2002] ScotHC 120
3 Sep 2002
HCJ

Crime

[ Bailii ]
 
Stewart v Her Majesty's Advocate [2002] ScotHC 121; 2002 SLT 1307
6 Sep 2002
HCJ

Crime
The appellant had been sentenced to life imprisonment for murder in 1993. He was an existing adult mandatory life prisoner for the purposes of Part I of the Schedule to the 2001 Act. In 2002 the High Court specified the punishment part of his sentence as 14 years. The appellant appealed against this order on the ground that the punishment part was excessive. He drew attention to the fact that he had been told that he was to be considered for release after 10 years under the pre-existing system, whereas the effect of the order was that the Parole Board would be unable to consider his release until he had served 14 years. He claimed a legitimate expectation that he would be released after 10 years and that the court should take into account the prejudicial effect of selecting a punishment part which conflicted with the expectation which had been entertained by the appellant prior to the coming into force of the 2001 Act. Held: The argument failed. Lord Justice General (Cullen): “In considering this submission it is important to bear in mind that under para 13 of the Schedule to the 2001 Act, the question is what would have been specified as the punishment part if the new statutory provisions had been in force at the time when the accused was sentenced. It follows that matters which were not known at that time cannot properly be taken into account (cf Murray v HM Advocate, [2000 JC 102, 107]). Accordingly, in our view, the prior arrangements for considering whether the appellant should be released on licence should not be taken into account in the fixing of the punishment part. We can well appreciate that the latter may well cut across these arrangements. However, the need, if any, for the modification of the new statutory provisions on that account was a matter for the legislature.”
Convention Rights (Compliance) (Scotland) Act 2001
1 Citers

[ Bailii ]
 
McCreaddie v Her Majesty's Advocate [2002] ScotHC 122; 2002 SLT 1311
6 Sep 2002
HCJ
Lord Hamilton And Lord Justice General And Lord Marnoch
Crime

1 Cites

1 Citers

[ Bailii ] - [ Bailii ]
 
Mckenna v Procurator Fiscal [2002] ScotHC 123
12 Sep 2002
HCJ

Crime

[ Bailii ]
 
Mckenna v Procurator Fiscal [2002] ScotHC 123
12 Sep 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Her Majesty's Advocate v P H [2002] ScotHC 124
19 Sep 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Her Majesty's Advocate v P H [2002] ScotHC 124
19 Sep 2002
HCJ

Crime

[ Bailii ]
 
Prince Pinder v The Queen Times, 04 October 2002; Gazette, 31 October 2002; [2002] UKPC 46
23 Sep 2002
PC
Lord Nicholls of Birkenhead, Lord Hoffman, Lord Hope of Craighead, Lord Hobhouse of Woodborough, Lord Millett
Human Rights, Criminal Sentencing, Constitutional, Commonwealth, Crime
(Bahamas) The applicant challenged his sentence to a flogging as an inhuman or degrading punishment. Held: The constitution of Bahamas did not prohibit flogging as an inhuman punishment. The constitution explicitly preserved modes of punishment which had been accepted on the island before its implementation. This was so despite its later revocation and revival. The article of the constitution had to be construed narrowly but properly. However the particular sentence failed to state whether the flogging was to be by a rod or a cat of nine tails, and so was incomplete and void. The choice of implement was a judicial one. (Nicholls and Hope dissenting)
Constitution of the Bahamas 17
[ PC ] - [ Bailii ]
 
Brown v Procurator Fiscal [2002] ScotHC 125
24 Sep 2002
HCJ

Crime

[ Bailii ]
 
Lennox and Another v Her Majesty's Advocate [2002] ScotHC 126
25 Sep 2002
HCJ

Crime

[ Bailii ]
 
Lennox and Another v Her Majesty's Advocate [2002] ScotHC 126
25 Sep 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Cannon v Procurator Fiscal [2002] ScotHC 127
27 Sep 2002
HCJ

Crime

[ Bailii ]
 
Cannon v Procurator Fiscal [2002] ScotHC 127
27 Sep 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Slater v Procurator Fiscal [2002] ScotHC 309
1 Oct 2002
HCJ

Crime

[ Bailii ]
 
Slater v Procurator Fiscal, Fife [2002] ScotHC 309
1 Oct 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Rahman, Regina v [2002] EWCA Crim 2209
2 Oct 2002
CACD

Crime

[ Bailii ]
 
Murphy v Her Majesty's Advocate [2002] ScotHC 307
2 Oct 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Murphy v Her Majesty's Advocate [2002] ScotHC 307
2 Oct 2002
HCJ

Crime

[ Bailii ]
 
Chalmers v Her Majesty's Advocate [2002] ScotHC 305
3 Oct 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Chalmers v Her Majesty's Advocate [2002] ScotHC 305
3 Oct 2002
HCJ

Crime

[ Bailii ]
 
Watt v Her Majesty's Advocate [2002] ScotHC 306
3 Oct 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Watt v Her Majesty's Advocate [2002] ScotHC 306
3 Oct 2002
HCJ

Crime

[ Bailii ]
 
Potter v Her Majesty's Advocate [2002] ScotHC 304
4 Oct 2002
HCJ
Lord Kirkwood And Lord Cameron Of Lochbroom And Lord Marnoch
Scotland, Crime

[ Bailii ] - [ Bailii ] - [ ScotC ]
 
Martin, Regina v [2002] EWCA Crim 2264
4 Oct 2002
CACD

Crime

[ Bailii ]
 
Taggart v Her Majesty's Advocate [2002] ScotHC 302
8 Oct 2002
HCJ
Lord Kirkwood And Lord Coulsfield And Lord Marnoch
Crime

[ Bailii ]
 
Shangara, Regina v [2002] EWCA Crim 2222
8 Oct 2002
CACD

Crime

[ Bailii ]
 
Rooney v Her Majesty's Advocate [2002] ScotHC 303
8 Oct 2002
HCJ

Crime

[ Bailii ] - [ Bailii ]
 
Parry and Another, R v [2002] EWCA Crim 2170
9 Oct 2002
CACD

Crime

[ Bailii ]
 
Department for the Environment, Food and Rural Affairs v Atkinson, Hughes Gazette, 07 November 2002; [2002] EWHC 2028 (Admin)
9 Oct 2002
QBD
Lord Justice Brooke and Mr Justice Bell
Crime, Health, Evidence
The defendants were prosecuted for various offences relating to the selling and marketing of veterinary products without being licensed. Their cases were dismissed, when the prosecution put forward evidence as to the nature of what was being sold, but only in the form of the labels on the packages. The defence successfully argued that chemical analysis should have been provided. Held: Under the 1988 Act, the labels were statements and admissible as evidence. Under the 1994 Regulations, the ingredients did not need to be proved. Cases remitted.
Medicines Act 1968 58(2)(a) 67 - Medicines (Veterinary Drugs)(Prescription Only) Order 1991 - Marketing Authorisations for Veterinary Medical Products Regulations 1994 - Criminal Justice Act 1988 24(1)
[ Bailii ]
 
Robertson v Her Majesty's Advocate [2002] ScotHC 301
9 Oct 2002
HCJ

Crime

[ Bailii ]
 
Hutchings v Cummings [2002] EWCA Crim 2393
11 Oct 2002
CACD

Crime

[ Bailii ]
 
Carruthers and Another, Regina v [2002] EWCA Crim 2203; [2002] EWCA Crim 2203
11 Oct 2002
CACD

Crime

[ Bailii ]
 
Robertson v Her Majesty's Advocate [2002] ScotHC 300
11 Oct 2002
HCJ

Crime

[ Bailii ]
 
Re S 36 Criminal Justice Act 1972; Attorney General's Reference No 1 of 2002 [2002] EWCA Crim 2392
14 Oct 2002
CACD

Crime
The court was asked: "Whether the common-law offence of perverting the course of public justice is committed where false evidence is given or made, not to defeat what the witness believes to be the ends of justice, or not to procure what the witness believes to be a false verdict." Photographs had been taken of a burglary, but the photographer was unidentified and did not wish to become involved, having left the photographs at the complainant's house. The defendant police officer was said to have given a statement taylored to avoid the photographer being identified. The judge had held that she had not manufactured evidence and directed a not guilty verdict. Held: The authorities demonstrated a distinction between the course and ends of justice and it is the course which matters for the purpose of this offence. It should have been left to the jury: "Whether or not her motive in making the false statement which she undoubtedly made, and in persuading the witness M to make the false statement which he undoubtedly made, was, at first sight, a laudable one of protecting the elderly neighbour; and whether or not, if that was the motive, that bore upon her intention in making those false statements, were eminently, as it seems to us, matters for consideration by the jury. The fact that a police officer had made a false statement and had persuaded a lay witness to make a false statement and had, in the course of interviewing a suspect, made a false statement to him, were, as it seems to us, each capable of giving rise to the inference that there was the necessary intention to pervert the course of justice. "
Criminal Justice Act 1972 36 - Criminal Appeal (Reference of Points of Law) Rules 1973
1 Cites

[ Bailii ]
 
Regina v William [2002] EWCA Crim 2208
15 Oct 2002
CACD

Crime

[ Bailii ]
 
Shaw, Henry, Boreland, Mullings and Wright v The Queen [2002] UKPC 53
15 Oct 2002
PC
Lord Steyn, Lord Hoffmann, Lord Hutton, Lord Millett, Lord Scott of Foscote
Commonwealth, Crime
PC (Jamaica) The defendants appealed convictions for three capital murders, saying that an eye witness' statement had not been disclosed at trial or admitted on appeal. This evidence descrinbed the assailants as wearing balaclavas, which cast doubt on the other eye witness identification. Held: The evidence was that the statement was known to the defence, and that it did not contradict the prosecution case. Howebver the statement was of such a character that it should not have been rejected by the court of appeal without hearing the witness in person. The case was remitted to the Court of Appeal to hear that evidence.
1 Cites

[ PC ] - [ Bailii ] - [ PC ]
 
Finnegan, Regina v [2002] EWCA Crim 2358
17 Oct 2002
CACD

Crime

[ Bailii ]
 
Smith, Regina v [2002] EWCA Crim 2401
17 Oct 2002
CACD

Crime

[ Bailii ]

 
 Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others; HL 17-Oct-2002 - Times, 21 October 2002; [2002] UKHL 39; [2002] 3 WLR 1313; [2003] 1 AC 787; [2002] 4 All ER 593; [2003] BLGR 57; [2002] 13 BHRC 482; (2002) 166 JPN 850; (2002) 166 JP 657; [2003] HLR 17; [2002] UKHRR 1286; [2003] 1 Cr App R 27
 
Mellors, Petition [2002] ScotHC 313
18 Oct 2002
HCJ

Crime

[ Bailii ]
 
Petition To the Nobile Officium By Spencer James Mellors
18 Oct 2002
HCJ
Lord Cameron Of Lochbroom And Lord Justice Clerk And Lord Maclean
Scotland, Crime

[ ScotC ]
 
Brown, Regina v [2002] NICA 45
18 Oct 2002
CANI

Crime

[ Bailii ]
 
Hastie v Her Majesty's Advocate [2002] ScotHC 312
18 Oct 2002
HCJ
Lord Coulsfield And Lord Osborne And Lord Weir
Crime

[ Bailii ]
 
Murphy v Her Majesty's Advocate [2002] ScotHC HCJAC - 339
24 Oct 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Poulton and Another, Regina v [2002] EWCA Crim 2487
24 Oct 2002
CACD

Crime

[ Bailii ]
 
Lyon v Her Majesty's Advocate [2002] ScotHC 311
24 Oct 2002
HCJ

Crime

[ Bailii ]
 
Lyon v Her Majesty's Advocate [2002] ScotHC 311
24 Oct 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Regina v Balandowitz [2002[ NICC 9
24 Oct 2002
CCNI

Northern Ireland, Crime

[ Bailii ]
 
Brown v Her Majesty's Advocate [2002] ScotHC 315
25 Oct 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Brown v Her Majesty's Advocate [2002] ScotHC 315
25 Oct 2002
HCJ

Crime

[ Bailii ]
 
Yeter, Regina (on the Application of) v Enfield [2002] EWHC 2185 (Admin)
29 Oct 2002
Admn

Crime

[ Bailii ]
 
Walker v Her Majesty's Advocate [2002] ScotHC 316
30 Oct 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Walker v Her Majesty's Advocate [2002] ScotHC 316
30 Oct 2002
HCJ

Crime

[ Bailii ]
 
R v Her Majesty's Advocate and Another [2002] UKPC 56
1 Nov 2002
PC
Lord Rodger of Earlsferry
Crime, Human Rights
Section 57(2) provides that a member of the Scottish Executive has no power to do any act so far as it is incompatible with any of the Convention rights. It is not open to the court if this subsection is breached to assess what the consequences of any particular violation of an individual's Convention rights should be. Parliament has decided that members of the Scottish Executive, including the Lord Advocate, should have no power to do acts that are incompatible with any of the Convention rights.
Scotland Act 1998 57(2)
1 Cites

1 Citers

[ Bailii ]
 
Litster v Procurator Fiscal [2002] ScotHC 317
1 Nov 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Smith, Regina v [2002] EWCA Crim 2671
4 Nov 2002
CACD

Crime

[ Bailii ]
 
Harley, Regina v [2002] EWCA Crim 2650; [2002] 2 Cr App R (S) 84
5 Nov 2002
CACD

Crime

[ Bailii ]
 
Regina v Wood [2002] EWCA Crim 2474
6 Nov 2002
CACD
Mr Justice Butterfield, Lord Justice Potter, His Honour Judge Findlay Baker Qc
Crime

[ Bailii ]
 
Jenkins and Starling, Regina v [2002] EWCA Crim 2475
6 Nov 2002
CACD
Mr Justice Butterfield, Lord Justice Potter, His Honour Judge Findlay Baker Qc
Crime
Appeal from convictions for conspiracy to defraud.
[ Bailii ]
 
Cochrane v Her Majesty's Advocate (318) [2002] ScotHC 318
6 Nov 2002
HCJ

Crime

[ Bailii ]
 
Regina v Haye [2002] EWCA Crim 2476
6 Nov 2002
CACD
Mr Justice Butterfield, Lord Justice Potter, His Honour Judge Paget Qc
Crime

[ Bailii ]
 
Sangster and Another v Regina [2002] UKPC 58
6 Nov 2002
PC

Crime
PC Jamaica
[ Bailii ] - [ PC ]
 
Workman v Her Majesty's Advocate [2002] ScotHC 319
7 Nov 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Davies, Regina v [2002] EWCA Crim 2686
7 Nov 2002
CACD

Crime

[ Bailii ]
 
Workman v Her Majesty's Advocate [2002] ScotHC 319
7 Nov 2002
HCJ

Crime

[ Bailii ]
 
Adnitt, Regina v [2002] EWCA Crim 2633
8 Nov 2002
CACD

Crime

[ Bailii ]
 
Regina v Timothy Morgan Robinson Times, 13 November 2002; [2002] EWCA Crim 2489
8 Nov 2002
CACD
Lord Justice Pill, The Honourable Mr Justice Keith, Sir Richard Tucker
Crime, Legal Professions, Legal Professions
The defendant appealed his conviction on the ground that a police informant had been a solicitor's clerk. Held: Appeal dismissed, but the use of members of the legal profession as informants, must always be dangerous, and capable of undermining the interests of justice. It is necessary for suspects to be able to seek legal advice, and acting as an informant would be a breach by the solicitor or his clerk of his duty to his client, and also a breach by the police of the rights of a citizen. No comment was made as to the particular use of an informant in this case. The judge prepared questionnaires designed to ascertain whether any of the jurors had written an anonymous letter sent to him by post.
1 Citers

[ Bailii ]
 
Mcintyre v Her Majesty's Advocate [2002] ScotHC 320
8 Nov 2002
HCJ

Crime

[ Bailii ]
 
Gulay Asliturk v Government of Turkey [2002] EWHC 2326 (Admin)
8 Nov 2002
QBD
Lord Justice Kennedy, The Honourable Mr Justice McCombe
Crime

[ Bailii ]
 
Regina v Robinson [2002] EWCA Civ 2490
8 Nov 2002
CACD

Crime

[ Bailii ]
 
Mcintyre v Her Majesty's Advocate [2002] ScotHC 320
8 Nov 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Brighton and Hove District Council v Woolworths plc Times, 27 November 2002
11 Nov 2002
QBD
Laws LJ, Field J
Consumer, Local Government, Crime
The council appealed a dismissal of the charge brought against the respondent on the grounds that it was seeking to prosecute out of its geographical area. Held: Appeal dismissed. Under section 13, a council had authority to issue a notice requiring the withdrawal from sale of dangerous articles both within and outside its area of operation. That was under section 14. The power to prosecute however was differently arranged, and a council could only prosecute for acts in breach of the notice occurring within its geographical area.
Consumer Protection Act 1987 14 27

 
Brown, Regina v [2002] EWCA Crim 2804
13 Nov 2002
CACD

Crime

[ Bailii ]
 
Smith v Her Majesty's Advocate [2002] ScotHC 321
15 Nov 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Boyd, Regina v [2002] EWCA Crim 2836
18 Nov 2002
CACD

Crime

[ Bailii ]
 
Amos, Regina v [2002] EWCA Crim 2820
18 Nov 2002
CACD

Crime

[ Bailii ]
 
Regina v S (Trade Mark Defence) (Roger Sliney v London Borough of Havering) Times, 02 December 2002; Gazette, 06 February 2003; [2002] EWCA Crim 2558; [2003] UKHRR 328; [2003] 1 Cr App R 35
20 Nov 2002
CACD
Rose LJ, Hughes, Davis JJ
Intellectual Property, Crime, Human Rights
The defendant alleged that the offence of which had been convicted, under the 1994 Act, infringed his rights under article 6.2 in reversing the burden of proof. Held: The principle that the duty of proof lay on the prosecution was subject to statutory exceptions. To place a legal (persuasive) burden of proof on the defendant is possible under statute, but is exceptional, and requires clear words. Here, parliament had used the word 'prove' rather than 'show' in describing the burden on the defendant to establish a defence. The defence did not allege dishonesty. Having regard not only to the interests of the accused and the public, the imposition of legal burden on the accused, in the section is necessary, justified and proportionate. There is a heavy burden on those justifying a reverse legal burden of proof, but that burden was discharged here.
Trade Marks Act 1994 92(5) 94 - European Convention on Human Rights 6.2
1 Cites

1 Citers

[ Bailii ]
 
Neil, Re [2002] ScotHC 323
21 Nov 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Dunn v Her Majesty's Advocate [2002] ScotHC 322
21 Nov 2002
HCJ
Lady Paton And Lord Kirkwood And Lord Maclean
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Peffer v Regina [2002] EWCA Crim 2661
22 Nov 2002
CACD

Crime

[ Bailii ]
 
Arthur v Her Majesty's Advocate [2002] ScotHC 324
22 Nov 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Regina v Cairns; Regina v Zaldi, Regina v Chaudary Times, 02 December 2002; Gazette, 23 January 2003; [2002] EWCA Crim 2838; [2002] 1 WLR 796; [2003] Crim LR 403; [2003] 1 Cr App Rep 38
22 Nov 2002
CACD
Keene, LJ, Forbes, Rant JJ
Criminal Practice, Human Rights, Criminal Evidence, Crime
The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable. Held: The 1996 Act created a duty of secondary disclosure, where a defence statement might be of assistance to the co-defendants. Actual disclosure remained for the judgement of the prosecution. A court was not under a duty not to admit evidence which might be in whole or in part unreliable. It was necessary to construe legislation to accord with a defendant's human rights, and the statements should have been disclosed.
The defendants had been convicted of conspiracy to supply class A drugs. Two defendants appealed saying that court had been wrong to suggest that a co-defendant's evidence was reliable as regards themselves, but unreliable as regards other witnesses. Mrs Cairns said that she had acted under the marital coercion of the same witness. Held: "The prosecution may properly call a witness when they rely on one part of his evidence but not on another part. Whether they choose to call such a witness is a matter for their discretion . . But that does not amount to an attack on their own witness's credit."
In the light of that the prosecution was entitled to exercise its discretion, as it did. It was not a perverse or unreasonable exercise of discretion and the judge was right not to interfere with it. Nor was the calling Barry Cairns an abuse of process. The court had followed the Makanjuola guidelines, and the appeal on that basis failed.
The judge had exercised a proper discretion in not allowing separate trials.
As to the defence of marital coercion, the judge's direction was incorrect as to the meaning of coercion in not allowing clearly that such coercion may operate without physical violence. Also, following Jespers, the court should have disclosed the defence statements of two of the co-accusd since this would have assisted Mrs Cairns in her defence. Her appeal was allowed, but not that of the co-defendants.
Human Rights Act 1998 3(1) - Criminal Justice Act 1967 17 - Police and Criminal Evidence Act 1984 78 - Criminal Justice Act 1925 47 - Criminal Procedure and Investigations Act 1996 5(5) 7(2
1 Cites

1 Citers

[ Bailii ]
 
Nowell, Regina v [2002] EWCA Crim 2616
27 Nov 2002
CACD
Lord Justice Potter, Mr Justice Butterfield, and His Honour Judge Paget QC (acting as a judge of the CACD)
Crime
The appellant appealed her conviction for grievous bodily harm, presenting the evidence of two new witnesses. The new evidence was direct eye witness evidence of self defence. Held: The new evidence fell within the requirements of the 1968 Act and was admissible on an appeal. The evidence went direct as to the central issues, and the conviction was unsafe. A retrial was not appropriate. Appeal allowed.
Offences Against the Person Act 1961 20 - Criminal Appeal Act 1968 23(2)(a)(d)
[ Bailii ]
 
Hampson and others v Her Majesty's Advocate [2002] ScotHC 326
28 Nov 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Hampson, Mcmillan, Fox v Her Majesty's Advocate
28 Nov 2002
HCJ
Lord Cameron Of Lochbroom And Lord Justice General And Lord Marnoch
Crime

[ ScotC ]
 
Gillespie v Her Majesty's Advocate [2002] ScotHC 325
29 Nov 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Raymond Goldie Bruce Munro Michael John Bryson Christopher Hamilton Terence Patrick Nicholas v Her Majesty's Advocate
2 Dec 2002
HCJ
Lord Justice Clerk And Lord Kirkwood And Lord Osborne
Scotland, Crime

[ ScotC ]
 
Dunn v Her Majesty's Advocate [2002] ScotHC 329
2 Dec 2002
HCJ
Lord Kirkwood And Lord Justice Clerk And Lord Osborne
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Goldie and others v Her Majesty's Advocate [2002] ScotHC 327
2 Dec 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Mcinnes v Her Majesty's Advocate [2002] ScotHC 328
2 Dec 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Parker, Regina v [2002] EWCA Crim 2780
3 Dec 2002
CACD
Mr Justice Butterfield, Lord Justice Potter, His Honour Judge Paget Qc
Crime

[ Bailii ]
 
Mair, Regina v [2002] EWCA Crim 2858
3 Dec 2002
CACD

Crime

[ Bailii ]
 
Brown v Her Majesty's Advocate [2002] ScotHC 331
4 Dec 2002
HCJ

Crime

[ Bailii ]
 
Jones v Her Majesty's Advocate [2002] ScotHC 330
5 Dec 2002
HCJ
Lord Cameron Of Lochbroom And Lord Marnoch And Lord Justice General
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Walker v Her Majesty's Advocate [2002] ScotHC 332
6 Dec 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Regina v Ishtiaq Ahmed [2002] EWCA Crim 2781
6 Dec 2002
CACD
Lord Justice Mantell, Mr Justice Simon, Mr Justice Jack
Crime
Approach to fresh evidence produced on appeal.
1 Citers

[ Bailii ]
 
Regina (Hoverspeed Limited and others) v Commissioners of Customs and Excise Times, 16 December 2002; [2002] EWCA Civ 1804; [2003] 2 All ER 553; [2003] QB 1041; [2003] STC 1273
10 Dec 2002
CA
The Master of The Rolls, Lord Justice Latham, Lord Justice Mance
Customs and Excise, Crime
Passengers leaving a ferry had been stopped by Customs. The vehicle was searched and a quantity of alcohol and tobacco found, which they believed not to be for personal consumption. The car and imports had been forfeited. The court had said that the methods used to select vehicles to be searched were unlawful. Held: It was appropriate for Customs to use statistical profiles to select vehicles to be stopped. Such methods were capable of being reasonable grounds for suspicion. A blanket approach was unjustified, but selecting particular individuals for investigation where they fitted certain identified patterns could be justified. A seizure of the offending articles following an unjustified stop need not be unlawful, and someone aggrieved by a seizure should take advantage of the framework of remedies available to him. Goods acquired 'for his own use' was not restricted to the personal individual use by that individual, but could include, for example, someone stocking up for a party, or acquiring them as gifts for a friend or relative. Use outside the range of such personal use was deemed to be commercial use.
Customs and Excise Management Act 1979 163 163A
1 Cites

1 Citers

[ Bailii ]
 
Robbie the Pict v Her Majesty's Advocate [2002] ScotHC 333
10 Dec 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Robbie the Pict v Her Majesty's Advocate [2002] ScotHC 333
10 Dec 2002
HCJ

Crime

[ Bailii ]
 
K, Regina v [2002] EWCA Crim 2878
11 Dec 2002
CACD
Rose LJ VP CACD, Gibbs, David JJ
Crime
The appellant appealed against his conviction, when 12 years old, for the rape of a 5 year old girl, advancing 5 grounds for appeal, namely "First, evidence material to the appellant's case in existence at the time of trial should have been disclosed to the defence. Secondly, fresh evidence has come to light since the trial material to the appellant's case. Thirdly, the judge was wrong to direct the jury that the medical evidence was capable of supporting the complainant. Fourthly, the judge's warnings about the evidence of KJ and the accomplice JB were inadequate. Fifthly, the judge's direction as to the appellant's good character was inadequate." Held: The last three grounds were dismissed shortly. The court admitted the new evidence. The victim's family was very well known to social services, with histories of child sexual abuse, possibly relating to the victim, and such evidence might have allowed argument as to the cause of the penetrative injury. The co-accused (convicted only of assault) may also have been coached in his evidene, and his admission to carers that he had had penetrative sex with the victim had not been disclosed, and would, again, have allowed his cross examination as to the source of the injury. In the light of the above: " if there had been cross-examination based on the undisclosed pre-trial material to which we have referred, the judge would probably have given a stronger warning about the reliability of KJ and JB and a stronger direction as to the defence case that JB was the rapist. In any event, with or without such directions, the jury's verdict might have been different. The post-trial material also engenders doubt in this court as to the safety of the conviction in a case which was highly unusual, in view of the ages of the three children and the abnormal sexual background of the two who gave evidence for the prosecution. Accordingly this appeal is allowed and the conviction quashed."
[ Bailii ]
 
Gibbons, Regina v [2002] EWCA Crim 3161
11 Dec 2002
CACD

Crime

[ Bailii ]
 
Compton and others v Regina [2002] EWCA Crim 2835
11 Dec 2002
CACD

Crime

[ Bailii ]
 
Graham, R v [2002] NICC 13
11 Dec 2002
CCNI

Northern Ireland, Crime

[ Bailii ]
 
Regina v K [2002] 1 AC 462
11 Dec 2002
CACD
Lord Justice Rose, Mr Justice Gibbs, Mr Justice Davis
Crime
While a girl under the age of 16 cannot in law consent to an indecent assault, it is a defence if the defendant honestly believed she was over 16.
1 Cites

1 Citers


 
Richards, Regina v [2002] EWCA Crim 3175
12 Dec 2002
CACD

Crime

[ Bailii ]

 
 Selvanayagam v United Kingdom; ECHR 12-Dec-2002 - Unreported, 12 December 2002; 57981/00; [2002] ECHR 857
 
Bamber v Regina [2002] EWCA Crim 2912
12 Dec 2002
CACD
Lord Justice Kay, Mr Justice Wright, Mr Justice Henriques
Crime

1 Cites

1 Citers

[ Bailii ]
 
Field, Regina v [2003] 1 WLR 882; [2002] EWCA Crim 2913; [2003] UKHRR 271; [2003] 3 All ER 769; [2003] 2 Cr App Rep 3; [2003] 2 Cr App Rep (S) 35; [2003] Crim LR 201
12 Dec 2002
CACD
Kay LJ, Grigson, Ouseley JJ
Crime, Human Rights
The Court was asked whether a disqualification order could be made under Section 28 of the 2000 Act, disqualifying an adult from working with children, based on an offence committed before the 2000 Act came into force. Held: A relatively relaxed approach was required. The conviction was a gateway criterion for the making of an order.
Criminal Justice and Court Services Act 2000 28 - European Convention on Human Rights
[ Bailii ]
 
Gracie v Her Majesty's Advocate [2002] ScotHC 336
17 Dec 2002
HCJ

Scotland, Crime

[ Bailii ]
 
Drummond v Her Majesty's Advocate [2002] ScotHC 337
18 Dec 2002
HCJ

Scotland, Crime

[ Bailii ]
 
H J L v Her Majesty's Advocate
18 Dec 2002
HCJ
Lord Hamilton And Lord Justice Clerk And Lord Maclean
Scotland, Crime

[ ScotC ]

 
 Davies v Health and Safety Executive; CACD 18-Dec-2002 - [2002] EWCA Crim 2949; [2003] ICR 586; [2003] IRLR 170
 
Regina v Gwynn [2002] EWCA Crim 2951
19 Dec 2002
CACD

Crime

[ Bailii ]
 
Hewitt and Another, Regina v [2002] NICC 12
20 Dec 2002
CCNI

Northern Ireland, Crime

[ Bailii ]
 
Hamilton v Procurator Fiscal [2002] ScotHC 334
20 Dec 2002
HCJ
Lord Cameron of Lochbroom And Lord Hamilton And Lord Reed
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Winzar v Regina [2002] EWCA Crim 2950
20 Dec 2002
CACD
Lord Justice Dyson Mr Justice Harrison The Honourable Mr Justice Cooke
Crime
The defendant appealed conviction for the murder of her husband. It was said she had injected him with a fatal dose of insulin. He was incapacitated but not diabetic. Held: The deceased's brain had been destroyed before any prosecution was anticipated, and no stay would have been proper for abuse of process. The defence's inability to examine it did not make the proceedings an abuse. The judge was right to leave to the jury the expert evidence that the source of the insulin was exogenous (injected). Acknowledging the unusual complexity and importance of the expert evidence, the court admitted new medical evidence on appeal. Even so, the case remained clear that the only explanation for the hypoglyceamia was exogenous insulin. The test (Pendleton) was not whether the court believed the defendant to be guilty but whether the conviction was safe. In this case it was.
1 Cites

[ Bailii ]
 
McMillan v Procurator Fiscal [2002] ScotHC 335
20 Dec 2002
HCJ
Lord Hamilton And Lord Cameron Of Lochbroom And Lord Reed
Scotland, Crime

[ Bailii ] - [ ScotC ]
 
Drummond v Her Majesty's Advocate [2002] ScotHC 338
24 Dec 2002
HCJ

Scotland, Crime

[ Bailii ]
 
N W Orr, Procurator Fiscal, Dundee v K
30 Dec 2002
ScSf
Sheriff F.R. Crowe
Scotland, Crime

[ ScotC ]
 
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