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		Crime - From: 2003 To: 2003 This page lists 356 cases, and was prepared on 21 May 2019. Â H v Director of Public Prosecutions [2003] Crim LR 560 2003 CACD Crime 1 Citers Â Â Regina v Fairley; CACD 2003 - [2003] EWCA Crim 1625 Â Â Regina v Rumble; CACD 2003 - [2003] EWCA Crim 770 Â Â Regina v M (KJ); CACD 2003 - [2003] 2 Cr App 322 Â Â Regina v Davies; CACD 2003 - [2003] ICR 586 (CA) Â Regina v Brown [2003] EWCA Crim 2637 2003 CACD Kay LJ, Silber and Levesen JJ Crime The court head a renewed application in person for leave to appeal a conviction for producing cannabis. The defendant sought to rely on a defence of necessity, saying that cannabis was the only way available to him to control the pain of his multiple sclerosis. The judge had been invited to rule whether, as a matter of law on the defendant's own factual and medical evidence, there was any defence properly to be left to the jury; and, after his negative ruling, the defendant pleaded guilty and sought to appeal. Held: The ruling was upheld. Levesen J: "In this case the choice facing the applicant was not severe pain without cannabis or absence of pain with cannabis, rather it was absence of pain with adverse side effects without cannabis, and, on his account, absence of pain with minimal side effects with cannabis. The difference is restricted to the adverse side effects which, however unpleasant, could not sensibly be said to raise a prime facie possibility of serious injury, let alone one such as would overwhelm the will of the defendant. Quite apart from this point, there has to be material from which a jury could come to a conclusion that they were not sure from an objective stand point that the applicant was not acting reasonably and proportionately. The evidence makes it clear that it was possible for the applicant to control pain by conventional and legal means. These arguments are sufficient to demonstrate that the learned judge was correct to conclude that the evidence, even at its highest, was not sufficient to raise a defence to be left to the jury. Finally, the Crown argued that in order to provide prima facie evidence of a defence fit to be left to the jury there had to be material from which the jury could conclude that the causative feature of the applicant's commission of the offence was, or may have been, extraneous to the applicant on the basis that the defence does not extend to include the subjective thought processes and emotions of the defendant: see R v Roger [1998] 1 Cr. App. R. 142, where the suicidal thoughts of a prisoner were judged to be no defence to the offence of breaking prison. Suicide or depression is an innate affliction, as are the side effects of pain relief using lawful medication. Misuse of Drugs Act 1971 4(2)(a) 1 Cites 1 Citers Â Â B v Secretary of State for Constitutional Affairs and the Lord Chancellor; CA 2003 - [2003] 1 All ER 531 Â Â Regina v Gilbert; CACD 2003 - [2003] EWCA Crim 2385 Â L, Regina (Disrupting Services At An Aerodrome) [2003] EWCA Crim 243 4 Jan 2003 CACD Crime [ Bailii ] Â Wilson v Her Majesty's Advocate [2003] ScotHC 24 9 Jan 2003 HCJ Crime, Scotland [ Bailii ] Â Blaney, Regina v [2003] NICC 22 9 Jan 2003 CCNI Northern Ireland, Crime [ Bailii ] Â Blaney, Regina v [2003] NICC 21 9 Jan 2003 CCNI Northern Ireland, Crime [ Bailii ] Â Louis Hardy Charlebois v Director of Public Prosecutions [2003] EWHC 54 (Admin) 14 Jan 2003 Admn Crime [ Bailii ] Â Cook v Her Majesty's Advocate [2003] ScotSC 1 15 Jan 2003 ScSf Sheriff AL Stewart Crime, Scotland [ ScotC ] - [ Bailii ] Â Dass v Her Majesty's Advocate [2003] ScotHC 25 16 Jan 2003 HCJ Crime, Scotland [ Bailii ] Â CWA v Her Majesty's Advocate [2003] ScotHC 26 17 Jan 2003 HCJ Crime, Criminal Sentencing, Scotland [ Bailii ] Â Department of Works and Pensions v Barton-Harvey [2003] EWHC 64 (Admin) 17 Jan 2003 Admn Crime [ Bailii ] Â Veeber v Estonia (No 2) 45771/99; [2003] ECHR 37 21 Jan 2003 ECHR Human Rights, Crime Hudoc Judgment (Merits and just satisfaction) Violation of Art. 7-1 ; Pecuniary damage - claim rejected ; Non-pecuniary damage - financial award ; Costs and expenses award - Convention proceedings The complainant alleged that, having been convicted for acts which only later became a crime, his convention rights had been infringed. He had been accused of abusing his position within a company to ensure that substantial sums of tax were not paid. The court had convicted him on the basis that the acts were continuing, and had continued after the law changed. Held: The article 7 rights were prominent in the rights granted. Under the earlier law, he could not have been convicted of a criminal offence unless he had first been dealt with administratively. He had therefore been dealt with more severely. His rights had been infringed. A "continuing offence" is a type of crime committed over a period of time. Damages were awarded. European Convention on Human Rights 7 [ Worldlii ] - [ Bailii ] Â Kugathas v Secretary of State for the Home Department [2003] EWCA Civ 31; [2003] INLR 170; [2003] All ER (D) 144 21 Jan 2003 CA Sedley LJ, Arden LJ Immigration, Crime, Human Rights Sedley LJ considered the circumstances where the Secretary of state should take into account the defendant's article 8 human rights when considering deportation after serving a sentence of imprisonment: "Generally, the protection of family life under Article 8 involves cohabiting dependants, such as parents and their dependant minor children. Whether it extends to other relationships depends on the circumstances of the particular case. Relationships between adults, a mother and her 33 year old son in the present case, would not necessarily acquire the protection of Article 8 of the Convention without evidence of further elements of dependency, involving more than the normal emotional ties." and " . . neither blood ties nor the concern and affection that ordinarily go with them are, by themselves or together, in my judgment enough to constitute family life" Arden LJ said: "There is no presumption that a person has a family life, even with the members of a person's immediate family. The court has to scrutinise the relevant factors. Such factors include identifying who are the near relatives of the appellant, the nature of the links between them and the appellant, the age of the appellant, where and with whom he has resided in the past, and the forms of contact he has maintained with the other members of the family with whom he claims to have a family life. because there is no presumption of family life, in my judgment a family life is not established between an adult child and his surviving parent or other siblings unless something more exists than normal emotional ties: See S v United Kingdom (1984) 40DR 196 and Abdulaziz, Cabales and Balkandali v the United Kingdom [1985] 7 EHRR 471. Such ties might exist if the appellant were dependant on his family or visa versa." European Convention on Human Rights 8 1 Citers [ Bailii ] Â Boland Construction Ltd v Her Majesty's Advocate [2003] ScotHC 1 22 Jan 2003 HCJ Scotland, Crime [ Bailii ] Â Procurator Fiscal v Clark [2003] ScotHC 2 23 Jan 2003 HCJ Scotland, Crime [ Bailii ] Â Director of Public Prosecutions v Dibley [2003] EWHC 122 (Admin) 24 Jan 2003 Admn Crime Public Order Act 1986 4A(1)(5) - Crime and Disorder Act 1998 28 [ Bailii ] Â H, Regina (on the Application Of) v Director of Public Prosecutions [2003] EWHC 133 (Admin) 24 Jan 2003 Admn Crime Assault Occasioning Actual Bodily Harm - identity parade. Offences Against the Person Act 1861 47 [ Bailii ] Â Chief Constable of Lancashire v Potter [2003] EWHC 74 (Admin) 24 Jan 2003 Admn Crime Refusal of ASBO - anti-social behaviour order - prostitute. 1 Citers [ Bailii ] Â Regina v Murray [2003] EWCA Crim 27 24 Jan 2003 CACD Lord Justice Kennedy Mr Justice Douglas Brown Mrs Justice Hallett Crime The applicant appealed against her convictions in 1989 after a referral from the Criminal Cases Review Commission. The case against her had been made by the West Midlands Serious Crime Squad, with officers who had later been discredited, and super-grasses who had also been discredited. Held: Various appeals had been successful or rejected over the years on similar grounds. It was clear in this case that the jury had considered the evidence, and rejected cases against other defendants where the case was not corroborated. The appellants case did have corroboration, and the appeal failed. [ Bailii ] Â Michael Pringle v The Queen [2003] UKPC 9 27 Jan 2003 PC Commonwealth, Crime PC (Jamaica) The court considered the way in which statistical conclusions drawn from DNA evidence had been presented to the jury. The judge had fallen into the 'Prosecutor's Fallacy.' Also the court had relied upon evidence of a confession to a cell mate himself awaiting trial. A judge must always be alert to the possibility that the evidence by one prisoner against another is tainted by an improper motive. The appeal succeeded. The case was remitted for a cautious consideration of a retrial. 1 Cites 1 Citers [ Bailii ] - [ PC ] Â Wotton, Regina (on the Application Of) v Central Devon Magistrates' Court [2003] EWHC 146 (Admin) 27 Jan 2003 Admn Crime, Environment Environmental Protection Act 1990 80(4) 80(5) [ Bailii ] Â Haddon, Regina v [2003] EWCA Crim 284 27 Jan 2003 CACD Crime [ Bailii ] Â Cunningham v Exeter Crown Court [2003] EWHC 184 (Admin) 28 Jan 2003 Admn Crime [ Bailii ] Â Brown and Isaac v The State [2003] UKPC 10 29 Jan 2003 PC Lord Hoffmann Commonwealth, Crime PC (Trinidad and Tobago) The defendants appealed their convictions for murder on a joint enterprise basis. Held: If more than one person participates, in whatever capacity, in attacking a victim, each intending that he be killed, then, if he dies, all are guilty of murder. Lord Hoffmann said: "The simplest form of joint enterprise, in the context of murder, is when two or more people plan to murder someone and do so. If both participated in carrying out the plan, both are liable. It does not matter who actually inflicted the fatal injury. This might be called the paradigm case of joint enterprise liability." 1 Citers [ PC ] - [ PC ] - [ Bailii ] Â Regina v John Charles Cutts [2003] EWCA Crim 28 29 Jan 2003 CACD Mr Justice Mitchell Lord Justice Mance Mr Justice Sachs Crime [ Bailii ] Â Regina v Cooper and Betts [2003] EWCA Crim 29 29 Jan 2003 CACD Mr Justice Mitchell Lord Justice Mance Mr Justice Sachs Crime [ Bailii ] Â Dawson (Aka Mcgrath) v Her Majesty's Advocate [2003] ScotHC 3 30 Jan 2003 HCJ Scotland, Crime [ Bailii ] Â Â Regina v Venn; CACD 1-Feb-2003 - [2003] EWCA Crim 178 Â Regina v Steven David Tobin [2003] EWCA Crim 178 1 Feb 2003 CACD Mr Justice Stanley Burnton Lord Justice Pill His Honour Judge Fawcus Crime [ Bailii ] Â Conwy County Borough Council, Regina (on the Application Of) v Lloyd [2003] EWHC 264 (Admin) 3 Feb 2003 Admn Crime, Environment Digging up of hedgerows Hedgerows Regulations 1997 [ Bailii ] Â T v Director of Public Prosecutions [2003] EWHC 266 (Admin) 4 Feb 2003 Admn Crime Assault occasioning actual bodily harm [ Bailii ] Â A R M, Regina v [2003] EWCA Crim 281 5 Feb 2003 CACD Crime [ Bailii ] Â Haney and others v Her Majesty's Advocate [2003] ScotHC 23 (05 February 5 Feb 2003 HCJ Crime, Scotland [ Bailii ] Â Peace v Her Majesty's Advocate [2003] ScotHC 4 6 Feb 2003 HCJ Scotland, Crime [ Bailii ] Â R. v Sean Giles [2003] EWCA Crim 1287 6 Feb 2003 CACD Crime [ Bailii ] Â Bayliss, Regina (on the Application of) v Director of Public Prosecutions [2003] EWHC 245 (Admin) 6 Feb 2003 Admn Crime The defendant was arrested in Tescos. On being searched he was found to have a lock knife. He had placed it in his belt and forgotten about it. He appealed conviction saying it had not been shown that he knew he still had the knife. Held: Forgetfulness did not break the possession so as to excuse it. That he may have had a good reason to have the knife with him on one day, and not to have a good reason on the day after was a decision by the justices which they were entitld to find. Criminal Justice Act 1988 139(1) 1 Cites [ Bailii ] Â Haney and others v Her Majesty's Advocate [2003] ScotHC 22 6 Feb 2003 HCJ Crime, Scotland [ Bailii ] Â Jamieson and Another, Regina v [2003] EWCA Crim 193 7 Feb 2003 CACD Crime [ Bailii ] Â Â Dudley v Her Majesty's Advocate; HCJ 7-Feb-2003 - [2003] ScotHC 5 Â Regina v Geoffrey Andrew Foster [2003] EWCA Crim 178 10 Feb 2003 CACD Lord Justice Auld, Mr Justice Poole, Mr Justice Gage Crime On a reference by the Criminal Cases Review Commission, the appellant appealed his conviction for a murder in 1985. The appellant said he was suggestible, with an IQ of 72 and a mental age of 10, and that the confessions he made should not have been relied upon. Held: The general approach had been set out in Ashley King. The fairness of the police interviews should be considered in the context both of the procedures and standards of fairness in force at the time of the trial and now. On such standards, the conviction should stand. 1 Cites [ Bailii ] Â Regina (M) v Inner London Crown Court Times, 27 February 2003; [2003] EWHC 301 (Admin); [2003] 1 FLR 994 10 Feb 2003 QBD Rose LJ, Henriques J Criminal Sentencing, Human Rights, Education, Crime The applicant's daughter had been convicted of a petty assault, and she had herself been made subject of a twelve month parenting order. She appealed. Held: Parenting orders are proper within a democratic society, and do not infringe a parent's right to respect for family life. Nevertheless, no responsible bench could have made such an order in this case. European Convention on Human Rights 8 1 Citers [ Bailii ] Â McGuiness, Regina v [2003] EWCA Crim 419 10 Feb 2003 CACD Crime [ Bailii ] Â Bovill v Her Majesty's Advocate [2003] ScotHC 6 11 Feb 2003 HCJ Scotland, Crime [ Bailii ] Â K v Director of Public Prosecutions [2003] EWHC 351 (Admin) 11 Feb 2003 Admn Crime [ Bailii ] Â Mcginley and Another, R v [2003] NICC 1 12 Feb 2003 NICC Northern Ireland, Crime [ Bailii ] Â Mckinnon, Mckay. Norwood v Her Majesty's Advocate [2003] ScotHC 7 13 Feb 2003 HCJ Lord Cameron Of Lochbroom And Lord Justice General And Lord Maclean And Lord Osborne And Lord Hamilton Crime [ Bailii ] Â Regina v Lawless and Lawson [2003] EWCA Crim 271 13 Feb 2003 CACD Mr Justice Mccombe, Lord Justice Kennedy, Mr Justice Treacy Crime [ Bailii ] Â L, R v [2003] EWCA Crim 382 13 Feb 2003 CACD Crime [ Bailii ] Â Mcintosh v Her Majesty's Advocate [2003] ScotHC 20 14 Feb 2003 HCJ Lord Kirkwood And Lord Justice Clerk And Lord Maclean Crime Confiscation proceedings are part of the sentencing process, and do not constitute a separate criminal charge. 1 Citers [ Bailii ] Â Regina v McCready [2003] EWCA Crim 2 14 Feb 2003 CACD Mr Justice Butterfield Lord Justice Potter His Honour Judge Findlay Baker Qc Crime 1 Cites [ Bailii ] Â Joyce, Re Attorney General's Reference [2003] EWCA Crim 237 14 Feb 2003 CACD Crime [ Bailii ] Â Jt, R v [2003] EWCA Crim 1011 17 Feb 2003 CACD Crime [ Bailii ] Â Tomlinson, Regina v [2003] EWCA Crim 758 19 Feb 2003 CACD Crime [ Bailii ] Â Smith and Another, R v [2003] EWCA Crim 283 19 Feb 2003 CACD Crime [ Bailii ] Â Sinder v Her Majesty's Advocate, [2003] ScotHC 9 20 Feb 2003 HCJ Scotland, Crime [ Bailii ] Â Regina v KJ Martin [2003] 2 Cr App R 322; [2003] EWCA Crim 357 20 Feb 2003 CACD Lord Justice Potter The Honourable Mr Justice Mackay Crime, Human Rights The defendant had been found unfit to plead on a charge of murder. Charges against the co-defendants were later reduced to inflicting grievous bodily harm, but when the defendant came to be dealt with, it was on the basis that the charge remained murder. The sole evidence against him was from a witness whose evidence was read because of his fear. He challenged the fairness of a trial in which the substantial evidence against him was not tested under cross examination. Held: It could not be a rule of law that a witness's evidence could not be read, where he was the only witness against the defendant. This would make the section of the 1988 Act otiose. A decision made by jury under a section 4A hearing was as to the actus reus only, and not as to intent. Here, however, the question was as to the defendant's knowledge that another might commit a crime. Antoine says that a court should look to the physical acts of the defendant, and bear in mind the social purpose of the legislation. It must be recognised that the distinction is not always clear. The admission of evidence need not always be unfair, but in these circumstances the inability to tst the central witness in the case was fundamental. The witness may have had reasons not to tell the truth. European Convention on Human Rights - Criminal Justice Act 1988 23 - Criminal Procedure (Insanity) Act 1964 4A - European Convention on Human Rights 1 Cites 1 Citers [ Bailii ] Â Christian,Regina v [2003] EWCA Crim 686 20 Feb 2003 CACD Crime [ Bailii ] Â Regina v Randall (EP) [2003] EWCA Crim 436 21 Feb 2003 CACD Mr Justice Mccombe Lord Justice Kennedy Mr Justice Treacy Crime, Evidence The defendant had been a co-accused on a charge of murder. He appealed saying the judge had incorrectly directed the jury on the relevance of his co-accused's previous convictions for violence. Held: The appeal was allowed. He should have been allowed in his own defence to bring in evidence of the co-accused's previous violent record as evidence of that defendant's propensity to violence. 1 Cites 1 Citers [ Bailii ] Â Williamson v Chief Constable of the West Midlands Police Times, 11 March 2003; [2003] EWCA Civ 337; Gazette, 01 May 2003; [2004] 1 WLR 14 21 Feb 2003 CA Mummery, Dyson LJJ Crime, Police The claimant had been arrested by an officer entering his house to investigate a breach of the peace, then held for two nights. The police believed that he posed no continuing threat, but believed he had to be brought before the magistrates before being released. Held: The fact that a breach of the peace had been deemed a criminal offence for human rights purposes, did not mean that it would be a criminal offence capable of supporting entry into a property by a police officer to investigate a crime. Section 17 clearly included the intention that a breach of the peace would remain not criminal (see also 25(6)). The claimant should have been released immediately he calmed down. Police and Criminal Evidence Act 1984 17 1 Cites 1 Citers [ Bailii ] Â Wilkinson, Regina (on the Application Of) v Director of Public Prosecutions [2003] EWHC 865 (Admin) 21 Feb 2003 Admn Crime Offences against the Person Act 1861 47 [ Bailii ] Â Byrne, Regina (on the Application Of) v Director of Public Prosecutions [2003] EWHC 397 (Admin) 21 Feb 2003 Admn Road Traffic, Crime Driving with excess alcohol [ Bailii ] Â Browbank v Director of Public Prosecutions [2003] EWHC 375 (Admin) 24 Feb 2003 Admn McCombe J Crime Appeal by case stated against conviction for theft. Operating a cash register, he had been accused of making fraudulent refunds. Held: The evidence had been sufficient to support the conviction. Theft Act 1968 1 7 [ Bailii ] Â Grundy and Co Excavations Ltd and Another, Regina (on the Application of) v Halton Division Magistrates Court [2003] EWHC 272 (Admin); [2003] 1 PLR 89 24 Feb 2003 Admn Lord Justice Clarke Mr Justice Jack Crime, Human Rights A reverse legal burden applied to defendants accused of an offence under section 17 of the Forestry Act 1967 which, in specified circumstances, created an absolute offence of felling a tree without a felling licence. Clarke LJ said: "It is thus clear that, while the general principles are those set out in Edwards, each case depends upon the construction of the particular statute. The question in each case will be whether the provision concerned is an 'exception, exemption, proviso, excuse or qualification' within the meaning of section 101 of the Magistrates' Courts Act 1980. It is also clear from Hunt, and indeed from the express terms of section 101, that in such a case 'the burden of proving the exception, proviso, excuse or qualification, shall be on the defendant'. As I read the decision in Hunt, the House rejected the submission that any burden on the accused should be construed as evidential and not legal . . Lord Griffiths rejected the submission in this way . . 'My Lords, I am, of course well aware of the body of distinguished opinion that urges that wherever a burden of proof is placed upon a defendant by statute the burden should be an evidential burden and not a persuasive burden, and that it has the support of the 11th Report of the Criminal Law Revision Committee, Evidence (General) 1972 (Cmnd 4991). My Lords, such a fundamental change is, in my view, a matter for Parliament and not a decision for your Lordships' House.' It is thus quite clear that where, applying the principles in Edwards and Hunt and the provisions of section 101 of the Magistrates' Courts Act 1980 there is a burden on the accused, it is a legal burden and not an evidential burden." Forestry Act 1967 9(1) - Magistrates' Courts Act 1980 101 1 Cites 1 Citers [ Bailii ] Â Sheldrake v Director of Public Prosecutions Times, 25 February 2003; [2003] EWHC 273 (Admin); Gazette, 03 April 2003; [2004] QB 487 24 Feb 2003 Admn Lord Justice Clarke Mr Justice Henriques Mr Justice Jack Crime, Human Rights, Road Traffic The defendant challenged the application of the section, under which he was deemed to have intended to drive a vehicle whilst under the influence of alcohol, unless he could prove it was not his intent to drive, saying this infringed his right to a fair trial. Held: The section must be read down to comply with the Convention. The burden to be placed on a defendant was the evidential burden only, and not the legal burden. Once he raised the issue, and pointed to some evidence that there was no likelihood of his driving, the burden of proving there was some real risk of him driving must fall on the prosecution. It was not necessary to impose the legal burden of proof on the defendant. European Convention on Human Rights 6.2 - Road Traffic Act 1988 5(8) 1 Citers [ Bailii ] Â William Hill (Caledonian) Limited v City of Glasgow Licensing Board Ladbrokes Limited [2003] ScotCS 229 25 Feb 2003 HCJ Lord Kirkwood Crime [ Bailii ] Â Mcteer and others v Her Majesty's Advocate [2003] ScotHC 11 25 Feb 2003 HCJ Scotland, Crime [ Bailii ] Â Mcdonald v Her Majesty's Advocate [2003] ScotHC 10 25 Feb 2003 HCJ Scotland, Crime [ Bailii ] Â Yorkshire Sheeting and Insulation Ltd, Regina v [2003] EWCA Crim 458 26 Feb 2003 CACD Crime [ Bailii ] Â Wooster,Regina v [2003] EWCA Crim 748 26 Feb 2003 CACD Crime [ Bailii ] Â Regina v Z Times, 25 March 2003; [2003] EWCA Crim 191; [2003] 1 WLR 1489 27 Feb 2003 CACD Rix LJ, Crane J and Judge Maddison Crime The defendant appealed his conviction, saying the judge had misdirected the jury as to his defence of duress. He had worked as a driver and minder in an escort agency whose owner came to be associated with a man who claimed to him responsibility for three murders, and who forced him to carry out the offences. Held: The appeal succeeded. The balance of authority was that there had to be an anticipation of pressure to commit the crime 'of the type charged'. That was not an immutable phrase, but intended to direct the jury's mind to ask whether the defendant's association with the criminals would lead him against or with his will, to crime of the seriousness of that before the court. 1 Cites 1 Citers [ Bailii ] Â Singh, R v [2003] EWCA Crim 485 27 Feb 2003 CACD Crime [ Bailii ] Â Regina v Dietschmann Times, 28 February 2003; [2003] UKHL 10; Gazette, 10 April 2003; [2003] 2 Cr App Rep 54; [2003] 1 All ER 897; [2003] 1 AC 1209; [2003] 2 WLR 613; [2003] All ER (D) 406 27 Feb 2003 HL Nichols of Birkenhead, Lloyd of Berwick, Hutton, Hobhouse of Woodborough LL Crime The defendant had been convicted of murder. At the time of the assault, he was both intoxicated to the point of losing his inhibitions and was also suffering an abnormality of mind sufficient substantially to reduce his mental responsibility. Held: The correct approach was for the jury to ignore the effects of intoxication and to ask whether, leaving out the drink, the defendant's other condition(s) of mental abnormality substantially impaired his responsibility for the killing. It was axiomatic that simple voluntary drunkenness was incapable of founding a plea of diminished responsibility. Two questions arose. If the defendant had not taken drink, would he still have killed, and would he have been under diminished responsibility, and secondly, if not, what direction should be given when both are present. Gittens established that drink can further disinhibit a defendant already suffering abnormality of mind, the jury must decide whether the abnormality remained a nevertheless substantially impaired his responsibility, the defence of diminished responsibility does not necessarily fail if the jury decide that he would not have killed but for the drink, and Turnbull, Atkins and Egan should not be followed. A person who suffered diminished responsibility should not be convicted of murder but rather manslaughter, and whether or not he was at the time intoxicated. Guidance was then given on an appropriate jury direction. Homicide Act 1957 2 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â Regina v Robert Joseph McCarthy [2003] EWCA Crim 484 27 Feb 2003 CACD Lord Justice Kennedy Mr Justice Mccombe Mr Justice Treacy Crime [ Bailii ] Â Jannaway, Regina v [2003] EWCA Crim 459 28 Feb 2003 CACD Crime [ Bailii ] Â Unterschutz v Her Majesty's Advocate [2003] ScotHC 27 28 Feb 2003 HCJ Crime, Scotland [ Bailii ] Â Campbell v Director of Public Prosecutions [2003] EWHC 559 (Admin) 28 Feb 2003 Admn Road Traffic, Crime Road Traffic Act 1988 5 [ Bailii ] Â Boksh, Regina v [2003] EWCA Crim 1145 28 Feb 2003 CACD Crime [ Bailii ] Â Howell and Others, Regina v [2003] EWCA Crim 486 28 Feb 2003 CACD Judge LJ, Hunt, Pitchford JJ Crime The defendants appealed against convictions for conspiracy to pervert the course of justice. They had been police officers. An application was made for the disclosure of the skeleton arguments read by the court, Judge LJ said: "Subject to questions arising in connection with written submissions on PII applications, or any other express justification for non-disclosure on the basis that the written submissions would not properly have been deployed in open court, we have concluded that the principle of open justice leads inexorably to the conclusion that written skeleton arguments, or those parts of the skeleton arguments adopted by counsel and treated by the court as forming part of his oral submissions, should be disclosed if and when a request to do so is received." 1 Citers [ Bailii ] Â Regina v Fitzgerald [2003] EWCA Crim 576; Times, 17 March 2003 5 Mar 2003 CACD Lord Justice Pill Mr Justice Stanley Burton His Honour Judge Fawcus Crime The defendant appealed his conviction under section 5(2). He had been found with a false passport. He was charged under 5(1), and offered a plea to a charge under 5(2), but the judge refused to add a count. The jury declined to convict and substituted the 5(2) conviction after the trial. Held: A section 5(1) charge impliedly included an offence under 5(2), but where the evidence might support either charge, courts would be better advised to add them as alternate counts. Forgery and Counterfeiting Act 1981 5(1) 5(2) [ Bailii ] Â Foulis v Procurator Fiscal [2003] ScotHC 50 7 Mar 2003 HCJ Crime [ Bailii ] Â Barnfather v London Borough of Islington Education Authority, Secretary of State for Education and Skills [2003] EWHC 418 (Admin); Times, 20 March 2003; [2003] 1 WLR 2318 7 Mar 2003 QBD Mr Justice Elias, The Honourable Mr Justice Mackay Education, Crime, Human Rights The appellant was convicted of the crime of being a parent whose child had failed to attend school regularly. She challenged saying that the offence required no guilty act on her part, but was one of strict liability, and contrary to her human rights. Held: Although the offence is one of strict liability, there is no reversal of the burden of proof. Article 6(2) has no bearing on the reduction or elimination of mens rea requirements, and is therefore compatible with offences of strict or even absolute liability. The section engaged article 6.2 but was compliant. Authorities should however be careful before exercising their discretion to prosecute. Elias J said: "I recognise that the penalties are small, being only a fine, and that is a factor which can properly be considered when determining whether an offence of strict liability is justified. However, in my opinion there is nonetheless a real stigma attached to being found guilty of a criminal offence of this nature. It suggests either an indifference to one's children, or incompetence at parenting, which in the case of the blameless parent will be unwarranted." Education Act 1996 444(1) - European Convention on Human Rights 6.2 1 Cites 1 Citers [ Bailii ] Â Bucher, Regina (on the Application Of) v Director of Public Prosecutions [2003] EWHC 580 (Admin) 7 Mar 2003 Admn Crime Police Act 1996 89(1) [ Bailii ] Â Bellingham, Regina v [2003] NICC 2 10 Mar 2003 NICC Northern Ireland, Crime [ Bailii ] Â Robbie the Pict v Her Majesty's Advocate [2003] ScotHC 12 13 Mar 2003 HCJ Scotland, Crime [ Bailii ] Â Fisher v Her Majesty's Advocate [2003] ScotHC 28 14 Mar 2003 HCJ Crime, Scotland [ Bailii ] Â Bell v Her Majesty's Advocate [2003] ScotHC 13 14 Mar 2003 HCJ Scotland, Crime [ Bailii ] Â Regina v Rogers Times, 20 March 2003; Gazette, 15 May 2003; [2003] 1 WLR 1374 14 Mar 2003 CACD Rose LJ, Gross, Pitchers JJ Crime The defendant appealed a conviction for manslaughter and assault under the 1861 Act. He held a belt around a friend's arm whilst the friend injected heroin into his own vein. The friend later died from the overdose. He said the use of the tourniquet was not itself unlawful. Held: The application of the tourniquet was part and parcel of the injection, which was itself unlawful. The tourniquet could not be looked at in isolation, its purpose was to raise a vein to assist the fatal injection. Nothing in Dias was inconsistent with that. Rose VP focused on whether the defendant's conduct was as principal or as a secondary party. The application of the tourniquet should not be considered in isolation: "It is artificial and unreal to separate the tourniquet from the injection. The purpose and effect of the tourniquet, plainly, was to raise a vein in which the deceased could insert the syringe. Accordingly, by applying and holding the tourniquet, the defendant was playing a part in the mechanics of the injection which caused death. It is therefore, as it seems to us, immaterial whether the deceased was committing a criminal offence. . . A fortiori, as it seems to us, a person who actively participates in the injection process commits the actus reus and can have no answer to an offence under section 23 or a charge of manslaughter if death results. Once the [defendant] is categorised as such a participant, it being common ground that death resulted from the injection, no question arises in relation to causation." Offences against the Persons Act 1861 23 1 Cites 1 Citers [ Bailii ] Â Â Rodgers, Regina v; CACD 14-Mar-2003 - [2003] EWCA Crim 945; [2003] 2 Cr App R 10; [2003] 1 WLR 1374; [2003] All ER (D) 217 Â Regina v Williams-Rigby and Lawson [2003] EWCA Crim 693 14 Mar 2003 CACD Lord Justice Kennedy Mr. Justice Crane Mr Justice Mccombe Crime [ Bailii ] Â Regina v Andrew John Cushman and Paul Stuart Masters [2003] EWCA Crim 694 18 Mar 2003 CACD Lord Justice Mantell Mr Justice Jack Mr Justice Hedley Crime [ Bailii ] Â Kennedy v Her Majesty's Advocate [2003] ScotHC 21 18 Mar 2003 HCJ Crime, Scotland [ Bailii ] Â Regina v Thomas Shanks [2003] EWCA Crim 680 19 Mar 2003 CACD Lord Justice Auld Mr Justice Crane The Hon Mr Justice Gray Crime The appellant appealed his conviction for murder. He had shot his lover as she walked away from an argument. The fact of his conviction following mention of a guilty plea to possession of the firearm was complained of. Held: The judge had directed the jury properly as to the conviction for possession of a firearm with intent: "the Judge dealt with the matter fairly, correctly identifying the precise charge of which the first jury had convicted the appellant and its relevance to the issue of the appellant's intent when he set out to find Miss Fletcher on the day that he killed her. He also submitted that the prosecution's case and evidence as to intent at the material time were overwhelming, instancing: the appellant's careful and deliberate preparation of the rifle for use, his stowage of it in the boot of his car, his conduct and movements preceding his final fatal confrontation with Miss Fletcher, his deliberate and well-aimed shooting of her in two separate bursts of fire and his conduct afterwards. " Pilce and Criminal Evidence Act 1984 74(3) 1 Cites 1 Citers [ Bailii ] Â Her Majesty's Advocate v Milligan 19 Mar 2003 ScSf Sheriff A.L. Stewart Scotland, Crime [ ScotC ] Â Walden, Regina (on the Application of) v Highbury Corner Magistrates' Court [2003] EWHC 708 (Admin) 19 Mar 2003 Admn Mitchell J Road Traffic, Crime The defendant appealed a decision of the magistrates to adjourn his trial for a breathaliser offence when the Crown Prosecution Service had not warned officers to attend to give evidence. On this application, the CPS filed an acknowledgment, did not attend the hearing or seek to justify its failure to warn the police officers. No excuse was given and no explanation as to why no steps had been taken to warn the relevant witnesses to attend. Held: The court should be careful not to give the impression to prosecuting authorities that inefficiency which leads to a failure to take steps which ought to have been taken and the absence of which result in an application for an adjournment is something which the courts will tolerate. Mitchell J said: "Furthermore, these reasons were given in the absence of any 'rigorous scrutiny' of the application. The longer courts tolerate the sort of inefficiency which seems, in each of these cases, to be the explanation for the failure of the witnesses to attend court on the date fixed for the hearing, the longer it will continue. To tolerate it is to encourage it." Road Traffic Act 1988 5 1 Citers [ Bailii ] Â Her Majesty's Advocate v Morren [2003] ScotHC 46 20 Mar 2003 HCJ Lord Justice General And Lord Maclean And Lord Osborne Crime, Scotland [ Bailii ] - [ ScotC ] Â Mcdonald v Procurator Fiscal [2003] ScotHC 14 20 Mar 2003 HCJ Scotland, Crime [ Bailii ] Â Mckeown, R v [2003] NICC 3 20 Mar 2003 NICC Northern Ireland, Crime [ Bailii ] Â Chaaban, R. v [2003] EWCA Crim 1012 20 Mar 2003 CACD Crime [ Bailii ] Â McDonald v Procurator Fiscal, Elgin Times, 17 April 2003 20 Mar 2003 HCJ Marnoch, Macfadyen, Caplan LL Scotland, Crime, Human Rights The defendant had been granted bail subject to conditions including a requirement that he must not leave his house for more than two hours a day. He complained that this infringed his Article 5 right to liberty. Held: The right to freedom was subject to the corollary permitting arrest and detention for good reason. The appellant had repeatedly failed to comply with earlier and less restrictive bail conditions. Article 5 was concerned with physical freedom (Guzzardi). It was difficult to draw a line between deprivation of liberty and restriction of it. A person was not detained unless something, usually physical, was done by an outside agency to ensure that he remained where he had been put. Telling someone to stay where he was put subject to punishment was not normally a detention, and was not in this case. European Convention on Human Rights 1 Cites Â Attorney General's Reference No 4 of 2002 [2003] EWCA Crim 762; Times, 01 April 2003; Gazette, 29 May 2003 21 Mar 2003 CACD Lord Justice Latham The Hon Mr Justice Hunt Mr Justice Hedley Crime, Human Rights The defendant had been tried for an offence under the Act of being a member of a proscribed organisation, and professing membership of Hamas. At trial the crown accepted an evidential burden, that the offence had to be read down to comply with the defendant's article 6.2 rights, and the defendant was acquitted. A reference was made. Held: Under Sheldrake and Lambert, an inroad into the defendant's rights was to be judged according to the gravamen of the offence. The elements of the offence were those set out in the Act. S11(2) merely expressed a limited exception to 11(1), and did not make 11(1) non-compliant. The 11(2) imposed a legal, not evidential, burden on a defendant. Terrorism Act 2000 11(1) - European Convention on Human Rights 6.2 1 Cites 1 Citers [ Bailii ] Â Mitchell v Her Majesty's Advocate, [2003] ScotHC 49 25 Mar 2003 HCJ Crime, Scotland [ Bailii ] Â Regina v Matthews [2003] EWCA Crim 813; Times, 28 April 2003; Gazette, 15 May 2003 25 Mar 2003 CACD Lord Justice Mantell Mr Justice Field His Honour Judge Paget Qc Crime, Human Rights The defendant appealed his conviction for carrying a bladed article in public, on the basis that the Act transferred to him the onus of establishing the statutory defence. Held: There were four steps to be applied in assessing the case. Was the burden an evidential or persuasive? If persuasive, did it impinge of the defendant's rights? If it did, were the provisions compatible? If incompatible could they be read down to require only an evidential burden? Here there was a persuasive burden which did impinge on the defendant's rights, but the good reason for that meant that the provision was not incompatible. Criminal Justice Act 1988 139 - European Convention on Human Rights 6.2 1 Cites [ Bailii ] Â MF, Regina v [2003] EWCA Crim 1173 26 Mar 2003 CACD Crime [ Bailii ] Â Â Weller, David Regina v; CACD 26-Mar-2003 - [2003] EWCA Crim 815; [2003] Crim LR 724 Â Williams (Deceased), Regina v [2003] EWCA Crim 1008 27 Mar 2003 CACD Crime [ Bailii ] Â K v Harrow Crown Court [2003] EWCA Crim 1052 27 Mar 2003 CACD Crime [ Bailii ] Â Mcauley v Procurator Fiscal [2003] ScotHC 48 27 Mar 2003 HCJ Crime [ Bailii ] Â Kristoffer James Mcauley v Procurator Fiscal, Edinburgh 27 Mar 2003 HCJ Lord Carloway And Lord Macfadyen And Sir G.H. Gordon, Q.C. Crime [ ScotC ] Â Gray, R v [2003] EWCA Crim 1001 27 Mar 2003 CACD Crime [ Bailii ] Â Dandie, Re Petition To the Nobile Officium [2003] ScotHC 45 28 Mar 2003 HCJ Crime, Scotland [ Bailii ] Â North Yorkshire Trading Standards Regulatory Services, Regina (on the Application Of) v Nicholson [2003] EWHC 1022 (Admin) 31 Mar 2003 Admn Consumer, Crime [ Bailii ] Â Barrington and Others, Regina v [2003] EWCA Crim 980 2 Apr 2003 CACD Crime 1 Cites [ Bailii ] Â Regina v Shane Stepon Smith [2003] EWCA Crim 927 2 Apr 2003 CACD Lord Justice Mantell Mrs Justice Rafferty Mr Justice Grigson Crime The defendant had been convicted of rape and of burglary with intent to rape. The only evidence was his confession. After other appeals failed, and he had been released, psychiatric reports were obtained. Each has concluded that there are serious doubts as to the reliability of those confessions. Held: The new evidence was credible and would have been admissible. The conviction was unsafe and was quashed. 1 Cites [ Bailii ] Â Â Mitchell, Regina v; CACD 3-Apr-2003 - [2003] EWCA Crim 907 Â In re Guisto (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty's High Court of Justice) [2003] UKHL 19; Times, 08 April 2003; Gazette, 12 June 2003; [2004] 1 AC 101; [2003] 2 All ER 647; [2003] 2 WLR 1089 3 Apr 2003 HL Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Hutton, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe Crime, Extradition The applicant challenged an order for his extradition to the US. He had been convicted in his absence having absconded from bail. Held: He had been arrested and held on the basis that he was a convicted person, but the procedure should have allowed that having been convicted in his absence, in contumacy, he should have been held on the basis that he was unconvicted. His detention was unlawful, and he was to be released. Lord Hope said: "It is a fundamental point of principle that any use of the procedures that exist for depriving a person of his liberty must be carefully scrutinised." Extradition Act 1989 - United States of America (Extradition) Order 1976 (SI 1976/2144) 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â Criminal Proceedings against Hoffmann (Judgment) C-144/00; Times, 17 April 2003; [2003] EUECJ C-144/00 3 Apr 2003 ECJ VAT, Crime The defendant concert promoter appealed against a conviction for evading VAT. He had employed a solo performer but failed to account for VAT on his fees. Held: The intent of the directive was to allow exemption of cultural workers. An individual performer could be counted as a 'body' within the directive and have exemption. Appeal allowed. Sixth Council Directive 77/338/EEC of 17 May 1977 on the harmonisation of turnover taxes [ Bailii ] Â Edwards, Regina v [2003] NICA 11 3 Apr 2003 CANI Crime [ Bailii ] Â Â Regina on the Application of Rowley v Director of Public Prosecutions; QBD 4-Apr-2003 - [2003] EWHC 693 (Admin) Â Â Regina v Mark Clark; CACD 4-Apr-2003 - [2003] EWCA Crim 991; Times, 17 April 2003; [2003] 2 Cr App R 23 Â Director of Public Prosecutions v Morrison [2003] EWHC 683 (Admin); Times, 21 April 2003 4 Apr 2003 Admn Lord Justice Kennedy, Mr Justice Hooper Police, Crime The Director appealed dismissal of charges under the Acts against the respondent. There had been a fight in a shopping mall. The mall was private land over which there was a public right of way. The respondent objected when the officer taped off an area of the mall to investigate. Held: The owner of the land would be able to withdraw access, and an officer acting within the law could be assumed to have the owner's consent to do the same thing. If it was lawful to cordon an area off, he was acting lawfully in preventing access, and the arrest was lawful. Appeal allowed. Public Order Act 1986 5 - Police Act 1996 89(2) 1 Cites [ Bailii ] Â H, Regina (on the Application Of) v Director of Public Prosecutions [2003] EWHC 878 (Admin) 4 Apr 2003 Admn Crime [ Bailii ] Â Anderson, Regina v [2003] NICA 12 7 Apr 2003 CANI Northern Ireland, Crime [ Bailii ] Â Mckeown, R v [2003] NICC 5 9 Apr 2003 NICC Northern Ireland, Crime [ Bailii ] Â Robinson, R v [2003] NICC 4 10 Apr 2003 NICC Northern Ireland, Crime [ Bailii ] Â C, Regina v [2003] EWCA Crim 1246 10 Apr 2003 CACD Crime [ Bailii ] Â LB v Her Majesty's Advocate [2003] ScotHC 15 11 Apr 2003 HCJ Scotland, Crime [ Bailii ] Â LB v Her Majesty's Advocate [2003] ScotHC 15 11 Apr 2003 HCJ Scotland, Crime [ Bailii ] Â Â Gora and others v Commissioners of Customs and Excise and others; CA 11-Apr-2003 - [2003] EWCA Civ 525; Times, 23 April 2003; [2004] QB 93 Â Paria v The State [2003] UKPC 36; [2004] Crim LR 228 15 Apr 2003 PC Lord Nicholls of Birkenhead, Lord Hutton, Lord Hobhouse of Woodborough, Lord Scott of Foscot, Lord Rodger of Earlsferry Crime PC (Trinidad and Tobago) The defendant appealed his conviction for an unprovoked serious assault after the judge had failed to give a propensity direction. 1 Citers [ PC ] - [ Bailii ] - [ PC ] Â Day v Regina [2003] EWCA Crim 1060 16 Apr 2003 CACD Crime [ Bailii ] Â Regina (O) v Harrow Crown Court [2003] EWHC 868 (Admin); Times, 29 May 2003; [2003] 1 WLR 2756 16 Apr 2003 QBD Kennedy LJ, Hooper J Crime, Human Rights The defendant had been refused bail. He had a previous conviction for rape, and now faced another charge. The custody time limit had also now expired. He complained that the removal of the statutory presumption in favour of bail infringed his rights. Held: Under s25, a defendant in this category should be granted bail only in exceptional circumstances. Was that section incompatible with the defendants article 5 rights? Such persons posed a substantial risk if released. The section allowed for exceptions, and was not incompatible. The question of whether the court was satisfied that exceptional grounds existed should not be construed narrowly. Justices should set out reasoned findings under the section. (Hooper) S25 should be read down so as to impose only an evidential burden on the defendant. European Convention on Human Rights 5 - Bail Act 1976 4(1) 25 - Prosecution of Offences (Custody Time Limits) Regulations 1987 (1987 No 299) 5(6B) 1 Citers [ Bailii ] Â Â D v L and Others; ChD 16-Apr-2003 - [2003] WTLR 687; [2003] EWHC 796 (Ch) Â Wimpey Homes v Procurator Fiscal [2003] ScotHC 16 22 Apr 2003 HCJ Scotland, Crime [ Bailii ] Â Smith, Regina (on the Application Of) v Director of Public Prosecutions [2003] EWHC 1080 (Admin) 1 May 2003 Admn Road Traffic, Crime Road Traffic Act 1988 143(2) [ Bailii ] Â Smith v Regina [2003] EWCA Crim 1240 2 May 2003 CACD Crime [ Bailii ] Â Thomas, Regina v [2003] EWCA Crim 1555 7 May 2003 CACD Crime [ Bailii ] Â Riaviz v Her Majesty's Advocate [2003] ScotHC 44 8 May 2003 HCJ Crime, Scotland [ Bailii ] Â Daly v Her Majesty's Advocate [2003] ScotHC 30 9 May 2003 HCJ Lord Justice Clerk And Lord Hamilton And Lord Maclean Crime [ Bailii ] Â Mckenna v Her Majesty's Advocate, [2003] ScotHC 29 9 May 2003 HCJ Crime, Scotland [ Bailii ] Â Hughes, Regina v [2003] NICA 17 9 May 2003 CANI Northern Ireland, Crime [ Bailii ] Â Gdn v Her Majesty's Advocate [2003] ScotHC 31 9 May 2003 HCJ Crime, Scotland [ Bailii ] Â Mossop v Director of Public Prosecutions [2003] EWHC 1261 (Admin) 12 May 2003 Admn Crime, Police [ Bailii ] Â Harry A Coff Ltd , Regina (on the Application Of) v Environment Agency [2003] EWHC 1305 (Admin) 13 May 2003 Admn Environment, Crime, Licensing Environment Protection Act 1990 [ Bailii ] Â Wadsworth, Regina v [2003] EWCA Crim 1324 13 May 2003 CACD Crime [ Bailii ] Â Burns, R v [2003] NICC 13 [2003] 13 May 2003 NICC Northern Ireland, Crime [ Bailii ] Â Regina v Percival Times, 23 May 2003 13 May 2003 CACD Woolf LCJ, Mitchell, Hallett JJ Crime The defendant appealed a conviction for wounding. He had been involved in a joint enterprise with others in an assault. After the wound had been made, the defendant had himself assaulted the victim, but not to the extent of causing injury. Held: In this case the joint enterprise only arose after the principal wounding offence had been completed. Each case must be seen particularly. In a grievous bodily harm case, the totality of the assault was in issue (Grundy), but in a wounding allegation the particular wound was the basis of the charge. In this case however, though the direction might be criticised, the conviction remained sound. 1 Cites Â Ritchie v Her Majesty's Advocate [2003] ScotHC 32 16 May 2003 HCJ Crime, Scotland [ Bailii ] Â Â Regina v McCartney, Hamlett, Beddow and Hulme; CACD 16-May-2003 - [2003] EWCA Crim 1372 Â F, R v [2003] EWCA Crim 1625 19 May 2003 CACD Crime [ Bailii ] Â Sheffield, Regina (on the Application Of) v Director of Public Prosecutions [2003] EWHC 1288 (Admin) 19 May 2003 Admn Crime [ Bailii ] Â Shanmuganathan, Regina (on the Application Of) v South Western Magistrates' Court [2003] EWHC 1329 (Admin) 19 May 2003 Admn Crime, Magistrates [ Bailii ] Â Regina v Morrison Times, 04 June 2003; Gazette, 10 July 2003 20 May 2003 CACD Woolf LCJ, Roderick Evans, Royce. JJ Crime The defendant appealed a conviction for attempting to cause grievous bodily harm. He had faced trial on a charge of attempted murder, and the judge had left open to the jury the alternative of the offence for which he had been convicted. Held: The question was one of law, whether a count of attempted murder either expressly or impliedly amounted to or included an allegation of attempting to cause grievous bodily harm with intent. The distinction lay in the mens rea. One offence required an intention to kill, the other an intention to cause grievous bodily harm. Various situations were considered, but the court concluded that there could not be an intention to kill without an intention to cause grievous bodily harm. The alternative would allow a defendant accused of attempt to cause grievous bodily harm, the defence of saying that he had intended to kill. Criminal Law Act 1967 6(2) 6(3) 1 Cites Â Regina v Underwood [2003] EWCA Crim 1500 22 May 2003 CACD Lord Justice Longmore Mr Justice Mitting Mr Justice Beatson Crime The defendant appealed his conviction for murder. A witness against him had concealed his true identity and large number of convictions for dishonesty. Held: It is not the case that if an important witness's convictions are not disclosed, the conviction must inevitably be quashed. Here the discounted evidence was relevant but not central. Appeal dismissed. [ Bailii ] Â Collman, Regina (on the Application Of) v Director of Public Prosecutions [2003] EWHC 1452 (Admin) 22 May 2003 Admn Crime, Police Police Act 1996 89(1) [ Bailii ] Â Â Regina v Johnstone; HL 22-May-2003 - [2003] UKHL 28; Times, 29 May 2003; Gazette, 03 July 2003; [2003] 1 WLR 1736; [2003] 3 All ER 884; [2004] ETMR 2; [2003] HRLR 25; [2003] UKHRR 1239; [2003] FSR 42; [2003] 2 Cr App R 33; (2003) 167 JP 281; (2003) 167 JPN 453 Â Regina v Guney [2003] EWCA Crim 1502 23 May 2003 CACD Lord Justice Kennedy Mr Justice Pitchers Sir Michael Wright Crime The defendant appealed against his firearms and drugs convictions. Held: the appeal was allowed, relying on material contained within a confidential annex to the report of the Criminal Cases Review Commission. Matters now known would have cast doubt on the integrity of the police case, and fuller disclosure would have been ordered, and that, the prosecution no douubt being reluctant to reveal its source would have discontinued the prosecution. [ Bailii ] Â Jolie v Regina [2003] EWCA Crim 1543; Times, 30 May 2003; [2004] 1 Cr App R 3; (2003) 167 JP 313; [2003] Crim LR 730 23 May 2003 CACD Lord Justice Kennedy, Mr Justice Hunt And Mr Justice Pitchers Crime The appellant had been convicted of having a pointed article with him in a public place. He said that the car he was driving had needed an instrument to operate the lock. At first he had used a knife, but then used scissors, losing the knife in the car. Held: The jury must be required to deal first with possession. The words of the act must be given their ordinary meaning. Forgetfulness alone was not a good reason, but the circumstances might make it such. Forgetfulness can be part of a good reason. Kennedy LJ doubted the reasoning in Gregson, saying: "We have set out . . to demonstrate the reasoning, which we do not find entirely persuasive. If the defendant had a good reason for having the knife on him six days earlier, when did that good reason cease? Did it cease as soon as he returned home from work? What if he called at a public house on the way? What was it about the new statutory wording which prevented the tribunal of fact from considering not only the alleged forgetfulness but also the reason given for the knife being where it was, and the time involved, when deciding whether or not the defendant had established the statutory defence? If Gregson was rightly decided, it would seem to follow that a parent who, having bought a kitchen knife, put it in the glove compartment of a car out of reach of a child, and then forgot to retrieve it when he arrived home would be committing an offence next time he drove the vehicle on a public road. That does not seem to us to be what Parliament intended." and "Accordingly in our judgment where a defendant does seek to rely on section 139(4) the fact finding tribunal should be left free to consider whether in the circumstances the defendant has shown that he had a good reason for having the article with him in a public place. If forgetfulness is relied upon it does need to be said that alone it cannot constitute a good reason, but otherwise no legal direction is required." Criminal Justice Act 1988 139(1) 1 Cites 1 Citers [ Bailii ] Â Regina v AMontague-Darlington [2003] EWCA Crim 1542 23 May 2003 CACD Lord Justice Kennedy Mr Justice Pitchers Mr Justice Simon Crime [ Bailii ] Â John Kimball Stewart v Director of Public Prosecutions [2003] EWHC 1323 (Admin); Times, 07 July 2003; [2003] RTR 35 2 Jun 2003 QBD The Hon Mr Justice Goldring The Lord Chief Justice Of England &Amp; Wales Crime, Road Traffic The defendant gave two specimens of breath, but they differed so markedly that the officer considered them unreliable. He offered the defendant the choice of a further two attempts or to give a specimen of blood or urine. He was convicted on the second set of breath tests. He appealed, saying he should not have been required to give such further specimens. Held: The first tests were nugatory, and accordingly the second set were arguably the first. The Act required the officer to offer the choice for a blood test. He had done that, and had not required the second set of breath tests. The conviction stood. Road Traffic Act 1988 4 5 7(1)(a) 11(3)(b) 1 Cites 1 Citers [ Bailii ] Â Transco Plc v Her Majesty's Advocate [2003] ScotHC HCJAC 67 3 Jun 2003 HCJ Scotland, Crime [ Bailii ] Â Maloney v Regina [2003] EWCA Crim 1373 3 Jun 2003 CACD Lord Justice Auld The Honourable Mr Justice Keith Mr Justice Simon Crime [ Bailii ] Â Flynn and others v Her Majesty's Advocate [2003] ScotHC 33 4 Jun 2003 HCJ Crime, Scotland [ Bailii ] Â Jeffrey v Procurator Fiscal [2003] ScotHC 34 5 Jun 2003 HCJ Crime, Scotland [ Bailii ] Â Regina v Jones; Regina v Jenkins Times, 19 June 2003 5 Jun 2003 CACD Auld LJ, Silber, Owen JJ Crime, Evidence Where each of more than one defendants asserted that he was not responsible for the crime, the jury should be directed (in addition) that they should consider the case of each defendant separately, the case should be considered as a whole, including looking at he evidence of co-accused, and when considering the evidence of a co-defendant they should allow for any self-serving element, and evidence of co-accused should be considered as for anyone else. The direction was defective, the appeals were allowed, and a retrial ordered. 1 Cites Â Causley, Regina v [2003] EWCA Crim 1840 5 Jun 2003 CACD Crime [ Bailii ] Â Regina v Safi (Ali Ahmed); Regina v Ghayur; Regina v Shah; Regina v Showaib; Regina v Mohammidy; Regina v Shohab; Regina v Ahmadi; Regina v Safi (Mahammad Nasir); Regina v Kazin Times, 10 June 2003; Gazette, 14 August 2003; [2003] Crim LR 721; [2004] 1 Cr App Rep 12 6 Jun 2003 CACD Longmore, Cooper, LJJ, Cox J Crime The defendants appealed convictions after rejection of their defence of duress. They had hijacked an aeroplane in Afghanistan, and surrendered eventually at Stansted. They said they were acting under duress, believing they had no other way of escaping death or serious injury at the hands of the Taliban regime in Afghanistan. Held: There had been a mis-direction of the jury. The judge asked the jury to ask whether there had been an immediate threat of violence from which the defendants sought to escape. The test was what they reasonably believed to be a threat. There remained a need for parliament to set clear guidelines for the defence of duress. It was not open to the court to make a law that the offence of hijacking should be treated differently to other crimes. 1 Cites 1 Citers Â Jones and Another, Regina v [2003] EWCA Crim 1966; [2004] 1 Cr App Rep 5; [2003] Crim LR 797 6 Jun 2003 CACD Auld LJ, Silber, Owen JJ Crime [ Bailii ] Â Steel, Regina v [2003] EWCA Crim 1640 10 Jun 2003 CACD Crime [ Bailii ] Â W, Regina v (Attorney General's reference no 5 of 2002) [2003] EWCA Crim 1632; Times, 16 June 2003; Gazette, 10 July 2003; [2003] 1 WLR 2902 12 Jun 2003 CACD Lord Justice Clarke, Mr Justice Morison And Dame Heather Steel Dbe Crime Three serving police officers provided confidential information to a known criminal. The Chief Constable authorised interception of telephones at a police station, a private network. The court accepted that section 17 prevented the defence asserting that the interception had taken place on the public side of the system, and therefore admission of other evidence would be prejudicial and should not be admitted. Questions were certified: 1) Does section 17 (1) of 2000 Act (RIPA') operate to prevent evidence being adduced etc to ascertain whether a telecommunications system is a public or a private telecommunications system? 2) Is the answer different if the evidence relates to events which took place before RIPA? And 3) Where an interception has taken place on a private telecommunications system, is it permissible to establish that the interception has been carried out by the person with control of the system a) before RIPA; and b) after RIPA? Held: Section 17 is wider than the older section under the 1985 Act. Evidence that the system is public does not in any way disclose the contents of the communications and so is not prohibited. The ruling that section 17 prevented the defence adducing evidence, asking questions or making assertions designed to show that the intercepts were via the public system was wrong. IF th esystem was public it was inadmissible. If private it was not. Answers 1) No, 2) No 3)(a) yes 3)(b) Yes. The questions were referred on to the House of Lords. Regulation of Investigatory Powers Act 2000 17(1) - Interception of Communications Act 1985 1 Cites 1 Citers [ Bailii ] Â M, R v [2003] EWCA Crim 1824 12 Jun 2003 CACD Crime [ Bailii ] Â JPM v BWL [2003] ScotCS 192 13 Jun 2003 HCJ Crime, Scotland [ Bailii ] Â Barking and Dagenham v Christodoulou [2003] EWHC 1662 (Admin) 16 Jun 2003 Admn Planning, Crime [ Bailii ] Â Director of Public Prosecutions v Stoke on Trent Magistrates Court Times, 23 June 2003; [2003] EWHC 1593 (Admin); Gazette, 28 August 2003 16 Jun 2003 QBD Auld LJ, Goldring J Crime The director appealed by way of case stated against a dismissal of a charge of chanting words of a racialist nature at a football match. He had called out to opposing supporters from Oldham 'You're just a town full of Pakis'. The district judge had found the words to be mere doggerel. Held: It was implicit in the words that the people against whom it was directed were inferior because an association with people of Pakistani origin. It was intended as an insult. It was used in an abusive manner, and was within the mischief. Football Offences Act 1991 3 [ Bailii ] Â Wickens, Regina v [2003] EWCA Crim 2196 17 Jun 2003 CACD Crime [ Bailii ] Â Bashir v Her Majesty's Advocate [2003] ScotHC 37 17 Jun 2003 HCJ Crime, Scotland [ Bailii ] Â Anthony Keith Poole and Gary Mills v Regina [2003] EWCA Crim 1753; Times, 26 June 2003; 2002/02985S2; Gazette, 28 August 2003 17 Jun 2003 CACD Lord Justice Auld Mr Justice Simon Mr Justice Keith Crime The case was a reference from the Criminal Cases Review Commission. The defendants had been convicted in 1990 of murder. The House of Lords had dismissed an earlier appeal. Police officers had allowed statements to be put forward which were false in critical aspects, and had threatened witnesses to avoid their attendance at court. Held: The divisional court had expressed doubts about the conviction. It was now, after Pendleton, wrong to hold that there were substantial improprieties in a conviction, but that it could still be upheld because it would not have affected the jury. Once a case had been successfully referred to the court, the court whilst respecting the Commission, could consider additional grounds. Here, new challenges had been made to the introduction within a witness statement of a rehearsal of evidence given by another witness, which evidence was prejudicial and hearsay. Appeal allowed. Criminal Appeal Act 1995 14(5) 1 Cites 1 Citers [ Bailii ] Â Walker v Her Majesty's Advocate [2003] ScotHC 36 17 Jun 2003 HCJ Crime, Scotland [ Bailii ] Â Howley, R v [2003] EWCA Crim 1859 19 Jun 2003 CACD Crime [ Bailii ] Â Regina v Bown (Mark) Times, 14 July 2003; Gazette, 04 September 2003; [2003] EWCA Crim 1989; [2004] 1 Cr App R 151 23 Jun 2003 CACD Keene LJ, Simon J, Sir Richard Tucker Crime The defendant was charged with having in his possession a locked blade. His defence was that he had good reason, relying upon the explanation given at the police station. The judge withdrew the defence from the jury. He appealed, saying the judge should have left the jury to decide. Held: The words 'good reason' were words are ordinary words, but it is for the judge to decide whether the explanation advanced was capable of being a good reason. An explanation may not be a reason. A judge should be slow to take from the jury the interpretation of ordinary words, and should do so only in a clear cut case. This was one such. Criminal Justice Act 1988 139(1) 1 Citers [ Bailii ] Â A v Director of Public Prosecutions [2003] EWHC 1676 (Admin) 30 Jun 2003 Admn Crime [ Bailii ] Â Johnston, Regina v [2003] NICA 27 30 Jun 2003 CANI Crime [ Bailii ] Â Royal Society for the Prevention of Cruelty To Animals, Regina (on the Application Of) v Shinton [2003] EWHC 1696 (Admin); Times, 23 July 2003 30 Jun 2003 Admn Leveson J Animals, Crime The defendant was licensed to set Larson traps to catch magpies. The traps worked by keeping a magpie as a decoy to attract others. The evidence was that the trapped magpie suffered distress and injury because the trap was so small as not to allow it to spread its wings. Held: The defendant was not liable under the 1981 Act, but in the light of the evidence, was liable under the 1911 Act. Protection of Animals Act 1911 1(1)(a) - Wildlife and Countryside Act 1981 8(1) 1 Cites [ Bailii ] Â Regina v McGrath Times, 24 July 2003 30 Jun 2003 CACD Laws LJ, Mitting, Rivlin QC JJ Crime The defendant was accused of burglary. On discovery by the householder, he resisted detention. The magistrates took that as violence in the course of the burglary, and sent the case to the Crown Court. Held: The force used by the occupier was lawful, and the resistance was part and parcel of the burglary for the purposes of paragraph 28(c), and matters of scale and degree had no place in this assessment. Magistrates Courts Act 1980 S1p28(c) Â Saeed Mustapha Nur v Regina 1996/4184/X4; [2003] EWCA Crim 1843 30 Jun 2003 CACD Lord Justice Mance Mr Justice Mackay The Recorder Of Birmingham Crime The applicant renewed his application for leave to appeal out of time against his conviction for murder. He was variously represented by different firms of solicitors and unrepresented, which accounted for some delay. He claimed to have returned the first form in time, but it was never recorded at the court as received. Held: Even treating the first notice as having been received, the subsequent additional delay would have led the appeal to be treated as abandoned. Even so, examining the grounds of the appeal there were insufficient merits disclosed to justify exercise of any discretion. Leave refused. [ Bailii ] Â Tant v Her Majesty's Advocate [2003] ScotHC 38 1 Jul 2003 HCJ Crime, Scotland [ Bailii ] Â Stewart v Her Majesty's Advocate (47) [2003] ScotHC 47 1 Jul 2003 HCJ Crime [ Bailii ] Â Martindale, Regina v [2003] EWCA Crim 1975 1 Jul 2003 CACD Crime [ Bailii ] Â Stewart v Her Majesty's Advocate (39) [2003] ScotHC 39 1 Jul 2003 HCJ Crime [ Bailii ] Â Â Norwood v Director of Public Prosecutions; Admn 3-Jul-2003 - [2003] EWHC 1564 (Admin); Times, 30 July 2003 Â Sharp v Her Majesty's Advocate [2003] ScotHC 35 3 Jul 2003 HCJ Crime, Scotland [ Bailii ] Â P, R v [2003] EWCA Crim 2086 4 Jul 2003 CACD Crime [ Bailii ] Â Regina v Cort Times, 23 July 2003; Gazette, 18 September 2003; [2003] 3 WLR 1300; [2004] QB 388 7 Jul 2003 CACD Buxton LJ, Mitting, Paget QC JJ Crime The defendant appealed a conviction for kidnapping, saying the victims' absence of consent was not fundamental. Driving his car, he had stopped at bus stops, inviting women to get in saying falsely that the bus had been cancelled. He had with him articles clearly intended to facilitate rape. Held: Following Regina -v- D, the victims' consent had clearly been obtained by fraud. It had been submitted that as in cases of assault and rape, in law only mistakes as to identity or the nature of the act, could vitiate a consent. That contention was rejected. The nature of the consent in rape and assault cases was different. The absence of consent may not need to be proved. "It is difficult to see how one could ever consent to that once fraud was indeed established. The ‘nature’ of the act here is therefore taking the complainant away by fraud. The complainant did not consent to that event. All that she consented to was a ride in the car, which in itself is irrelevant to the offence and a different thing from that with which Mr Cort is charged." 1 Cites 1 Citers Â Regina v Searby and Another Times, 29 August 2003 7 Jul 2003 CACD Buxton LJ, Gibbs, Paget QC JJ Crime, Environment, European The defendant had been accused of storing unlicensed pesticides. He sought to argue that the European Regulations had been implemented in the UK in an unduly restrictive form. He entered a plea of guilty on a ruling that it was not open to him to challenge the regulations. Held: The Regulations, which sought to control the use of parallel imports of pesticides, did appear to implement the regulation more tightly. The definition of what was materially identical to an approved pesticide created unnecessarily restrictions on approvals. The Directive was of direct effect. Boddington did not apply, but the importance of the case to the defendant was not properly a Boddington condition of challenging the legislation. Council Directive 91/414/EEC - Control of Pesticides Regulations 1986 (1986 No 1510) - Food and Environment Protection Act 1985 16(12) 1 Cites Â Regina v Andriamampandry [2003] EWCA Crim 1974 7 Jul 2003 CACD Crime [ Bailii ] Â Duncan v Walshe and others [2003] ScotCS 191 8 Jul 2003 HCJ Crime, Scotland [ Bailii ] Â Muir v Leitch [2003] ScotCS 193 8 Jul 2003 HCJ Crime, Scotland [ Bailii ] Â Iroegbu, Regina v [2003] EWCA Crim 2317 9 Jul 2003 CACD Crime [ Bailii ] Â Royal Bank Scotland Plc v Wilson and others [2003] ScotCS 196 9 Jul 2003 HCJ Crime, Scotland [ Bailii ] Â Henry v Johnston [2003] ScotCS 197 9 Jul 2003 HCJ Crime, Scotland [ Bailii ] Â Ebah, Re Petition for Judicial Review [2003] ScotCS 195 9 Jul 2003 HCJ Crime, Scotland [ Bailii ] Â Haggart v Procurator Fiscal, Airdrie [2003] ScotHC 40 10 Jul 2003 HCJ Lord Osborne And Lady Paton And Sheriff Principal C.G.B. Nicholson Crime [ Bailii ] Â Rostron and Another, Regina v [2003] EWCA Crim 2206 16 Jul 2003 CACD Mantell LJ, Jack J, Sir Richard Rougier Crime The defendants appealed from their conviction for theft having gone at night to a golf course to recover golf balls from a water hazard on the course. They said that the golf balls had been abandoned by their owners 1 Citers [ Bailii ] Â Regina v Price Times, 20 August 2003 18 Jul 2003 CACD Crime The appellant had been convicted of indecent assault. When inspecting an apartment as a prosective tenant, with the complainant, he had stroked her legs, outside her clothing and below the knee. He appealed saying this was insufficient to constitute an indecent assault. Held: If the jury believed the complainant's evidence, and following Court, the acts could constitute an indecent assault. 1 Cites Â Finnan v Her Majesty's Advocate [2003] ScotHC 41 18 Jul 2003 HCJ Scotland, Crime [ Bailii ] Â Regina v Thomas John Marchant, Edward Muntz [2003] EWCA Crim 2099 21 Jul 2003 CACD The Vice President (Lord Justice Rose) Mr Justice Grigson Mr Justice Beatson Crime, Road Traffic The second defendant, a farmer, employed the first defendant, inter alia, to drive his tractor. The tractor, when fitted up was necessarily dangerous, but was licensed to be driven on the roads. There was a fatal accident on the highway. The defendants appealed convictions for causing death by dangerous driving. Held: A driver could not escape criminal liability for taking a dangerous vehicle onto the road merely because the vehicle was licensed in that condition by the Secretary of State. However prosecutors should take particular care before deciding to prosecute in such circumstances. Road Traffic Act 1988 40A 41 44 1 Cites [ Bailii ] Â Webster v Dominick [2003] ScotHC HCJ - 67; 2003 SLT 975; 2003 GWD 26-734; 2005 1 JC 65; 2003 SCCR 525 22 Jul 2003 HCJ Scotland, Crime [ Bailii ] Â Maclean v Procurator Fiscal, Inverness [2003] ScotHC 42 22 Jul 2003 HCJ Scotland, Crime [ Bailii ] Â Procurator Fiscal, Dunoon v Allan Dominick [2003] ScotHC 43; 2003 SLT 975 22 Jul 2003 HCJ Lord Justice Clerk And Lord Marnoch And Lord Macfadyen And Lady Cosgrove And Lord Sutherland Crime 1 Citers [ Bailii ] Â Regina v Abiodun [2003] EWCA Crim 2167 24 Jul 2003 CACD Lord Justice Kennedy Mr Justice Bennett Mr Justice Cresswell Crime [ Bailii ] Â Regina v Vivian David Bright [2003] EWCA Crim 2169 25 Jul 2003 CACD Mr Justice Gage Lord Justice Potter Mr Justice Curtis Crime, Criminal Sentencing Appeals against convictions and sentences for sexual assault. [ Bailii ] Â Br, R v [2003] EWCA Crim 2199 25 Jul 2003 CACD Crime [ Bailii ] Â Regina v Shayler [2003] EWCA Crim 2218 29 Jul 2003 CACD Lord Justice Kennedy Mr Justice Bennett Mr Justice Cresswell Crime, Human Rights The defendant appealed against his conviction, saying the restrictions placed upon him in conducting his defence because the fact that he had been a member of the secret services, meant that he had been unable to conduct his defence properly, with witnesses giving evidence from behind screens, and documents being withheld. Held: The appeal failed. Disclosures would have risked the safety of the individuals involved and national security: "the judge was careful to evaluate and to give weight to any possible prejudice, and the cross-examination by the applicant was only restricted in accordance with well established principle and to the extent that it would have been restricted if the applicant had been represented by counsel. As we have indicated, we see no reason to conclude that the judge failed to have regard to the cumulative effect of his decisions, and we reject the contention that the regime which he imposed was disproportionate. Indeed, as we have demonstrated, the rulings he made only went as far in the circumstances they had to go. " European Convention on Human Rights 6 - Official Secrets Act 1920 8(4) - Official Secrets Act 1989 11(4) - Crown Court Rules 1982 24A 1 Cites 1 Citers [ Bailii ] Â Knight v R [2003] EWCA Crim 1977 29 Jul 2003 CACD Crime [ Bailii ] Â Regina v Carl Anthony Robinson [2003] EWCA Crim 2219 29 Jul 2003 CACD Lord Justice Kennedy Mr Justice Bennett Mr Justice Cresswell Crime [ Bailii ] Â Shirley v Regina [2003] EWCA Crim 1976 29 Jul 2003 CACD Laws LJ, Mitting, Gage JJ Crime The defendant, supported by the Criminal Cases Review Commission sought to appeal against his conviction in 1988 for murder, saying that a modern DNA test rendered the conviction unsafe. He had been convicted in part on the basis of analysis of semen samples. Only recently had the tests on such small amounts been effective for DNA. The crown now accepted that the new test meant that at least one person other than the defendant had been involved. Held: The Crown had disavowed the possibility of there being two perpetrators, and additional doubts had also been raised as to the times of the events on the evening, and "In the result there is nothing in the materials relied upon by the Crown, all of which we have examined carefully, to dispel the very strong probability that there was only one male contributor to the DNA found in the intimate samples taken from the victim. As we have said it is accepted that if that is the court's conclusion, the appellant cannot have been that contributor. In short, in light of the fresh evidence obtained from the DNA profiles, this appellant's conviction is plainly unsafe. The appeal will be allowed and the conviction quashed. " 1 Citers [ Bailii ] Â Haisman and Others, Regina v [2003] EWCA Crim 2246 31 Jul 2003 CACD Crime 1 Cites [ Bailii ] Â Cooper and Another, Regina v [2003] EWCA Crim 2257 31 Jul 2003 CACD Crime [ Bailii ] Â Anglian Water Services Ltd, Regina v [2003] EWCA Crim 2243 31 Jul 2003 CACD Crime [ Bailii ] Â Saracoglu, Regina v [2003] EWCA Crim 2244 31 Jul 2003 CACD Crime [ Bailii ] Â Regina v Bottomley [2003] EWCA Crim 2245 31 Jul 2003 CACD Lord Justice Potter Mr Justice Curtis His Honour Judge Rivlin Qc Crime The defendant appealed his conviction for murder. An application had been granted for a special measures direction to allow a witness to give evidence by live video link. However the necessary order permitting this was not in effect. Held: The Home Office had written to the court to say that it could make such orders. That was sufficient in these circumstances to validate the evidence. Any mistake was of insufficient significance to affect the decision. Youth Justice and Criminal Evidence Act 1999 16 17 1 Cites Â Regina v Sewa Singh Gill and Paramjit Singh Gill [2003] EWCA Crim 2256; Times, 29 August 2003; Gazette, 02 October 2003 31 Jul 2003 CACD Mr Justice Astill Lord Justice Clarke The Common Serjeant Crime, Taxes Management The appellants sought to challenge their convictions for cheating the Inland Revenue. They were accused of having hidden assets and income from the revenue. The appellants objected to the use at trial of material obtained in a 'Hansard' interview. At such interview admissions are accepted as a basis for settling civil liabiity, but expressly excluding compromise of any criminal action. Held: The IR statement that the Code of Practice did not apply at this stage was incorrect. Plainly the officers suspected serious crime, and any practice allowing them to obtain evidence without first cautioning the defendant was wrong. However the admission of the evidence would not have had such an adverse effect on the fairness of the proceedings that the court ought not to have admitted it. The judge had adequately directed the jury as to the defendants domicile. Taxes Management Act 1970 105 - Police and Criminal Evidence Act 1984 Code C s66 1 Cites [ Bailii ] Â Peden v Her Majesty's Advocate [2003] ScotHC HCJAC - 68 14 Aug 2003 HCJ Crime [ Bailii ] Â Holland v Her Majesty's Advocate 2003 SLT 1119 21 Aug 2003 HCJ Lord Abernethy And Lord Justice Clerk And Lord Osborne Crime The defendant appealed his conviction after a dock identification. Held: Scotland is unique among the jurisdictions in the United Kingdom in the significance that it attaches to dock identification. However, Scottish law was not alone in this. 1 Citers [ ScotC ] Â Morris, Re an Application By [2003] NICC 11 22 Aug 2003 NICC Northern Ireland, Crime [ Bailii ] Â Dyer, Regina v [2003] NICC 12 29 Aug 2003 NICC Crime [ Bailii ] Â Regina v Romeo Times, 02 October 2003 9 Sep 2003 CACD Scott-Baker LJ, Jackson, HuntJJ Crime The defendant appealed his conviction for sex offences, saying the court had misdirected the jury as to the weight to be given to the distress shown by the complainant as corroboration of her allegation. Held: Old cases should be looked at carefully when they dated from a time when corroboration had been a requirement. The law had not been considered in case law since the change. Applying Chauhan, the judge's direction was entirely adequate, drawing the juries attention to that distress or apparent distress and to the fact that it could have been caused by a variety of circumstances and was to be considered carefully. 1 Cites Â Reilly and R Hogg and Sons Ltd, Regina v [2003] NICC 15 20 Sep 2003 NICC Crime [ Bailii ] Â Abernethy, Regina v [2003] NICC 14 22 Sep 2003 NICC Crime [ Bailii ] Â Boyle, Regina (on the Application Of) v Criminal Cases Review Commission [2003] EWHC 2305 (Admin) 23 Sep 2003 Admn Crime [ Bailii ] Â Her Majesty's Advocate v Shearer [2003] ScotHC HCJAC - 67 24 Sep 2003 HCJ Scotland, Crime [ Bailii ] Â Fraser, Regina v [2003] EWCA Crim 3180 2 Oct 2003 CACD Crime [ Bailii ] Â Kirkup v Director of Public Prosecutions [2003] EWHC 2354 (Admin) 3 Oct 2003 Admn Road Traffic, Crime Road Traffic Act 1988 7 [ Bailii ] Â Todd v Crown Prosecution Service; T v Director of Public Prosecutions and Another; Todd v DPP Times, 13 October 2003; [2003] EWHC 2408 (Admin) 6 Oct 2003 QBD Brooke LJ, Sullivan J Criminal Practice, Media, Crime The defendant had been under 18 at the commencement of proceedings but attained 18 during them. The newspaper was granted leave to refer to him by name upon his becoming 18. Held: Denying the appeal. The balance between the freedom of the press and the protection of youths had to be maintained properly. Once the purpose of the protection had passed, it should not be applied. The purpose of the legislation was not to protect the interests of young persons after they ceased to be young persons. Children and Young Persons Act 1933 39 1 Citers [ Bailii ] Â Hunter, Moodie v The Queen [2003] UKPC 69 8 Oct 2003 PC Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Clyde, Lord Hutton, Lord Millett Commonwealth, Crime PC (Jamaica) The defendants appealed against their convictions for capital murder. Held: The appeals were allowed, and non-capital convictions substituted. It is not enough to comply with section 2(2), for the judge to give directions to the jury about the law of joint enterprise and as to whether the murder was committed in the circumstances which make it capital murder as set out in subsection (1). The jury must, of course, be invited in a case of that kind to reach a separate verdict for each defendant on the question whether he is guilty of murder. But it must also be made clear to the jury that a separate verdict is required against each defendant as to whether the murder which he committed was capital murder as defined by the statute. Offences against the Person Act 1864 2(2) 1 Cites 1 Citers [ PC ] - [ Bailii ] Â Gallagher, R v [2003] NICC 16 9 Oct 2003 NICC Northern Ireland, Crime [ Bailii ] Â Whitley v Director of Public Prosecutions [2003] EWHC 2512 (Admin) 13 Oct 2003 Admn Crime [ Bailii ] Â Regina v Jane Dawn Elizabeth Andrews [2003] EWCA Crim 2750 15 Oct 2003 CACD Mr Justice Forbes Lord Justice Kennedy Mr Justice Aikens Crime The defendant sought leave to appeal her conviction for murder saying that a finding of manslaughter was appropriate for her diminished responsibility. Held: There was insufficient evidence to establish that the judge's directions on the effect of the lies told by the defendant were incorrect. Homicide Act 1957 2 1 Cites 1 Citers [ Bailii ] Â McAuliffe v Director of Public Prosecutions [2003] EWHC 2454 (Admin) 15 Oct 2003 Admn Crime Criminal Justice Act 1988 39 [ Bailii ] Â Haston and others v Her Majesty's Advocate [2003] ScotHC 51 15 Oct 2003 HCJ Crime, Scotland [ Bailii ] Â Â Regina v G and R; HL 16-Oct-2003 - [2003] UKHL 50; Times, 17 October 2003; Gazette, 13 November 2003; [2003] 3 WLR 1060; [2004] 1 AC 1034; (2003) 167 JP 621; (2003) 167 JPN 955; [2004] 1 Cr App R 21; [2003] 4 All ER 765 Â Regina v John McKenzie [2003] EWCA Crim 2749 16 Oct 2003 CACD Lord Justice Pill Mr Justice Royce The Recorder Of Chester Crime [ Bailii ] Â Regina v Adrian Reed [2003] EWCA Crim 2667 16 Oct 2003 CACD Lord Justice Rix Mr Justice Douglas Brown Sir Richard Tucker Crime [ Bailii ] Â Camara v Director of Public Prosecutions [2003] EWHC 2737 (Admin) 16 Oct 2003 Admn Crime The defendant appeal by case stated against his conviction for receivinf stolen goods, saying that the magistrates had had no proper evidential basis for any finding that he had committed the actus reus of handing the stolen goods. [ Bailii ] Â Taylor, Regina (on the Application of) v Maidstone Crown Court [2003] EWHC 2555 (Admin) 17 Oct 2003 Admn Crime False Protection from Harassment Act 1996 [ Bailii ] Â Â Regina v Roberts; CACD 20-Oct-2003 - [2003] EWCA Crim 2753; Times, 05 November 2003; Gazette, 20 November 2003; [2004] 1 WLR 181 Â Keeley, Regina (on the Application of) v Canterbury Crown Court [2003] EWHC 2603 (Admin) 21 Oct 2003 Admn Planning, Crime [ Bailii ] Â Al-Buhairi, Regina v [2003] EWCA Crim 2922 21 Oct 2003 CACD Crime [ Bailii ] Â Cb, R v [2003] EWCA Crim 3003 21 Oct 2003 CACD Crime [ Bailii ] Â Regina v Baker [2003] EWCA Crim 2790 21 Oct 2003 CACD Lord Justice Pill Mr Justice Royce The Recorder Of Chester Crime The defendant appealed his conviction for murder. The conviction had been on the basis of there having been a joint enterprise. Held: "The jury were sufficiently directed on the question of intent and we see no risk that they might have misunderstood the time at which intent was to be judged. Conduct immediately following an offence may throw light on a defendant’s state of mind at the time the offence is committed. " An appeal related to an associated robbery succeeded. Â Baker, Regina v [2003] EWCA Crim 2790 21 Oct 2003 CACD Crime [ Bailii ] Â Jordan, Re an Application [2003] NICC 17 [2003] 23 Oct 2003 NICC Northern Ireland, Crime [ Bailii ] Â Director of Public Prosecutions v Kennedy [2003] EWHC 2583 (Admin) 24 Oct 2003 Admn Crime [ Bailii ] Â Hughes v Director of Public Prosecutions [2003] EWHC 2470 (Admin) 27 Oct 2003 Admn Crime, Animals Wildlife and Countryside Act 1981 1(2)(a) 21(a) [ Bailii ] Â Kelly and Another, Regina v [2003] EWCA Crim 2957 28 Oct 2003 CACD Crime [ Bailii ] Â Macdonald v Her Majesty's Advocate [2003] ScotHC 60 28 Oct 2003 HCJ Crime, Scotland [ Bailii ] Â C v Secretary of State for the Home Department [2003] UKSIAC 7/2002 29 Oct 2003 SIAC Immigration, Crime [ Bailii ] Â F v Secretary of State for the Home Department [2003] UKSIAC 11/2002 29 Oct 2003 SIAC Immigration, Crime [ Bailii ] Â D v Secretary of State for the Home Department [2003] UKSIAC 6/2002 29 Oct 2003 SIAC Immigration, Crime [ Bailii ] Â G v Secretary of State for the Home Department [2003] UKSIAC 2/2002 29 Oct 2003 SIAC Immigration, Crime [ Bailii ] Â H v Secretary of State for the Home Department [2003] UKSIAC 12/2002 29 Oct 2003 SIAC Immigration, Crime [ Bailii ] Â E v Secretary of State for the Home Department [2003] UKSIAC 4/2002 29 Oct 2003 SIAC Collins J Immigration, Crime [ Bailii ] Â Ja v Secretary of State for the Home Department [2003] UKSIAC 10/2002 29 Oct 2003 SIAC Immigration, Crime [ Bailii ] Â B v Secretary of State for the Home Department [2003] UKSIAC 9/2002 29 Oct 2003 SIAC Immigration, Crime [ Bailii ] Â A v Secretary of State for the Home Department [2003] UKSIAC 1/2002 - 2 29 Oct 2003 SIAC Immigration, Crime [ Bailii ] Â A and others v Secretary of State for the Home Department [2003] UKSIAC 1/2002 29 Oct 2003 SIAC Immigration, Crime [ Bailii ] Â v Secretary of State for the Home Department [2003] UKSIAC 3/2002 29 Oct 2003 SIAC Immigration, Crime [ Bailii ] Â Peters v Her Majesty's Advocate [2003] ScotHC 59 29 Oct 2003 HCJ Crime, Scotland [ Bailii ] Â Maguire v Her Majesty's Advocate [2003] ScotHC 54 30 Oct 2003 HCJ Lord Justice General And Lord Hamilton And Lord Marnoch Crime [ Bailii ] Â Gates v Procurator Fiscal [2003] ScotHC 52 30 Oct 2003 HCJ Crime, Scotland [ Bailii ] Â Riddell v Procurator Fiscal [2003] ScotHC 53 30 Oct 2003 HCJ Crime, Scotland [ Bailii ] Â Lowe and Others, Regina v [2003] EWCA Crim 3182 30 Oct 2003 CACD Crime [ Bailii ] Â King and Others, Regina v [2003] NICC 18 31 Oct 2003 NICC Crime [ Bailii ] Â Jackson, Regina v [2003] EWCA Crim 3251 31 Oct 2003 CACD Crime [ Bailii ] Â Moynagh v Procurator Fiscal [2003] ScotHC 55 31 Oct 2003 HCJ Crime, Scotland Criminal Law (Consolidation)(Scotland) Act 1995 [ Bailii ] Â S v Director of Public Prosecutions [2003] EWHC 2717 (Admin) 3 Nov 2003 Admn Crime [ Bailii ] Â Regina v Montilla, Newbury etc Times, 12 November 2003; [2003] CAR 36 3 Nov 2003 CACD Scott Baker LJ, Jackson, Hunt JJ Crime The Crown appealed a decision that a conviction under subsection 2 required proof that the money the disposal of which the defendant was accused to have assisted was in fact the proceeds of drug trafficking. Held: Subsections 1 and 2 were clearly differently worded. Under section 1 it was necessary to prove that the goods were the proceeds of trafficking, but subsection 2 was addressed to the state of mind of the defendant, and included no such requirement. The judge had been wrong to import one. Drug Trafficking Act 1994 49(1) 49(2) - Criminal Justice Act 1988 31 1 Citers Â Director of Public Prosecutions v Olaf Bayer, William Jacob Hart, Elizabeth Snook, and Richard William Tolladay Whistance [2003] EWHC 2567 (Admin); Times, 07 November 2003 4 Nov 2003 QBD Lord Justice Brooke Mr Justice Silber Crime The defendants protested the growing of genetically modified crops. The prosecutor appealed dismissal of charges of aggravated trespass for them having entered a crop and attached themselves to tractors. The district judge decided they had genuine fears for the surrounding area, and had not acted unlawfully. Held: Where a defence of lawful justification is put forward the court must first determine as a matter of law whether the defence is available. In this case it was not. The district judge had confused the lawful of private property. He should have asked "Are the defendants contending that they used reasonable force in order to defend property from actual or imminent damage which constituted or would constitute an unlawful or criminal act?" Criminal Justice and Public Order Act 1994 1 Cites [ Bailii ] Â Beattie v Her Majesty's Advocate [2003] ScotHC 56 4 Nov 2003 HCJ Crime, Scotland [ Bailii ] Â R, R v [2003] EWCA Crim 3242 4 Nov 2003 CACD Crime [ Bailii ] Â Â Regina v Davies (Derrick); CACD 6-Nov-2003 - Times, 21 November 2003 Â Campbell, Regina (on the Application Of) v Peterborough Magistrates Court [2003] EWHC 2841 (Admin) 6 Nov 2003 Admn Crime [ Bailii ] Â Criminal proceedings against Piergiorgio Gambelli and Others C-243/01; Times, 04 December 2003; [2003] EUECJ C-243/01 6 Nov 2003 ECJ European, Crime ECJ Right of establishment - Freedom to provide services - Collection of bets on sporting events in one Member State and transmission by internet to another Member State - Prohibition enforced by criminal penalties - Legislation in a Member State which reserves the right to collect bets to certain bodies. [ Bailii ] Â Davies v London Borough of Waltham Forest [2003] EWCA Crim 3110 6 Nov 2003 CACD Crime [ Bailii ] Â Turner v Regina [2003] EWCA Crim 3108 6 Nov 2003 CACD Crime [ Bailii ] Â Docherty v Her Majesty's Advocate [2003] ScotHC 58 7 Nov 2003 HCJ Scotland, Crime [ Bailii ] Â Atkinson v Regina [2003] EWCA Crim 3031 7 Nov 2003 CACD Lord Justice May Mr Justice Roderick Evans And His Honour Judge Jeremy Roberts Q.C. Crime The appellant had been convicted of false accounting in the making of false claims for payment for prescriptions, submitting forms which said that the patient was over 60 when she knew they were not. She said she filled the forms in mechanically. Held: The judge was correct. Counsel was wrong to concentrate on the mens rea at the time when the forms were completed. At issue also was the time when the forms were submitted for payment. The second complaint was at to the abence of a Ghosh direction. The judge explicitly said that, if the appellant acted as she did because she was careless or under stress, she would be not guilty. A Ghosh direction was unnecessary. Theft Act 1968 17(1)(a) 1 Cites [ Bailii ] Â Graves, Regina (on the Application of) v London Borough of Islington [2003] EWHC 2817 (Admin) 10 Nov 2003 Admn Education, Crime [ Bailii ] Â Oddy, Regina (on the Application of) v Bugbugs Ltd [2003] EWHC 2865 (Admin) 12 Nov 2003 Admn Crime, Licensing, Road Traffic A private prosecutor appealed dismissal of his complaint that the respondent had operated an unlicensed man-powered rickshaw service. The district judge had held that it was not a taxi service. It was, under the 1869 Act a stage carriage and therefore not requiring a licence under section 7. Held: It was not possible to argue that the statute made a disrtinction between stage carriages and private hire vehicles according to whether they took up and set down passengers on a route. Regulations which might have made such a distinction had never been made. The defendant could only properly be said to have solicited fares required some form of invitation to a prospective hirer. That evidence was absent, and the appeal failed. Criminal Justice and Public Order Act 1994 164 - Metropolitan Public Carriage Act 1869 7 1 Cites [ Bailii ] Â Campbell and Another v Her Majesty's Advocate [2003] ScotHC 61 13 Nov 2003 HCJ Scotland, Crime [ Bailii ] Â Director of Public Prosecutions v Santa-Bermudez [2003] EWHC 2908 (Admin); [2004] Crim LR 471 13 Nov 2003 Admn Maurice Kay J, Mackay Crime The prosecutor appealed a finding of no case to answer on an accusation of assault occasioning actual bodily harm. The victim, a police officer, was searching the pockets of an arrested person, when she was injured by a hypodermic needle. She had asked him if he had any sharps on him and he had denied it. The Crown Court judge found no evidence of "(positive) act on the part of the defendant capable of amounting to the actus reus of the offence of assault." Held: The prosecutor's appeal succeeded. "A great deal of undesirable complexity has bedevilled our criminal law as a result of quasi theological distinctions between acts and omissions." The court proposed that "where someone (by act or word or a combination of the two) creates a danger and thereby exposes another to a reasonably foreseeable risk of injury which materialises, there is an evidential basis for the actus reus of an assault occasioning actual bodily harm. It remains necessary for the prosecution to prove an intention to assault or appropriate recklessness. " Police and Criminal Evidence Act 1984 1 1 Cites [ Bailii ] Â William Charles Sim v Regina [2003] EWCA Crim 3230 13 Nov 2003 CACD Lord Justice Pill Mr Justice Royce The Recorder Of Chester Crime [ Bailii ] Â J, Regina v [2003] EWCA Crim 3309 13 Nov 2003 CACD Crime [ Bailii ] Â Regina v Duncan [2003] EWCA Crim 3184 14 Nov 2003 CACD Lord Justice Potter Mr Justice Cresswell Mr Justice Davis Crime The defendant appealed his conviction for rape and assault. The defendant denied any coercion, but the victim had multiple scratches and a broken arm. A defence witness had been unable to give evidence in peson, but his statement had been read. Held: The witness' statement did not significantly affect the allegations. Whilst the majority direction had been given early there was no substantial unfairness. Appeal dismissed. Â Regina v Hawar Hussein Ali [2003] EWCA Crim 3214; Times, 21 November 2003 14 Nov 2003 CACD Lord Justice Potter Mr Justice Cresswell Mr Justice Davis Crime, Criminal Sentencing The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements. Held: The evidence of the mother had been admitted in a manner agreed between the defence and prosecutor, and the defence had not gone outside the agreement. Though there might be a residual discretion to allow re-examination to introduce evidence of previous consistent statements, that did not apply here. The evidence should not have been admitted. Nevertheless, no substantial unfairness had occurred. On sentence, the sentences were manifestly excessive, and sentences of 15 months were substituted. 1 Cites [ Bailii ] Â Duncan, Regina v [2003] EWCA Crim 3184 14 Nov 2003 CACD Crime [ Bailii ] Â Â John M, Regina v; CACD 14-Nov-2003 - [2003] EWCA Crim 3452; [2004] MHLR 86 Â Gloucestershire County Council, Regina (on the Application Of) v Keyway (Gloucester) Ltd [2003] EWHC 3012 (Admin) 14 Nov 2003 Admn Planning, Crime [ Bailii ] Â Miao, Regina v [2003] EWCA Crim 3486 17 Nov 2003 CACD Rose VP, Leveson LJJ, Tugendhat J Crime The defendant appealed against his conviction for murder. He said that the judge should have left to the jury the issue of whether there had been provocation. Held: The appeal failed: "It is for the judge to decide if there is evidence of provoking conduct and loss of self-control. If there is sufficient evidence, it is a matter for the jury. If there is insufficient material to find as a reasonable, rather than merely speculative, possibility that there was provoking conduct and loss of self-control, there is no issue and the judge should not leave provocation to the jury. A trial judge is, in many cases, better placed than this Court to assess the quality and effect of the evidence which has been placed before the jury . . Looking at the whole of the evidence, therefore, although the judge's decision, as it seems to us, was courageous it was also correct. There was, no doubt, the speculative possibility that the defendant may, on the evidence, have lost his self-control. But, in our judgment, despite the views taken by both experienced counsel in the court below and despite their submissions made to this Court, there was no sufficient material, gauged by Lord Steyn's yardstick, which would have justified the judge in leaving the issue of provocation to the jury. Accordingly, this appeal is dismissed." Homicide Act 1957 3 1 Cites [ Bailii ] Â Greene King Plc v Harlow District Council [2003] EWHC 2852 (Admin) 17 Nov 2003 Admn Goldring J Crime, Consumer Food Safety (General Food Hygiene) Regulations 1995 4(1) [ Bailii ] Â Findlay, Regina v [2003] EWCA Crim 3480 19 Nov 2003 CACD Crime [ Bailii ] Â Haroon Khan v The State [2005] 1 AC 374; [2003] UKPC 79; Times, 26 November 2003; Gazette, 15 January 2004 20 Nov 2003 PC Lord Bingham of Cornhill, Lord Steyn, Lord Millett, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe Commonwealth, Crime, Constitutional PC (Trinidad and Tobago) The appellant had been convicted of felony murder. He was one of four engaged in a robbery, where the victim received fatal injuries. Held: The felony murder rule had been re-introduced after it had been repealed as a side effect of abolishing the distinction between felonies and misdemeanours. The appellant now argued that the re-introduction of the rule was unconstitutional, as it was inconsistent with the presumption of innocence. "The presumption of innocence is perhaps the most fundamental principle underlying the administration of the criminal law. It places on the prosecution, fairly and squarely, the duty of proving guilt. But it does not control the ingredients of the offence which the prosecution must prove to establish guilt." The present case fell within that rule, and the new law was not unconstitutional. The appellant's sentence of death was however overturned under Roodal. 1 Cites 1 Citers [ Bailii ] - [ PC ] Â Kelleher, Regina v [2003] EWCA Crim 3525 20 Nov 2003 CACD Lord Justice Mantell, Mr Justice Elias, Mr Justice Jack Crime The defendant, out of strong conviction, entered an art gallery and knocked the head from a statue of Margaret Thatcher. Held: The court examined the breadth of the defence of "lawful excuse" to a charge of criminal damage, and whether a court could direct a jury to convict. Despite the possible defects in the direction, the conviction remained safe. Criminal Damage Act 11971 1 Cites 1 Citers [ Bailii ] Â Tesco Stores Ltd v London Borough of Harrow [2003] EWHC 2919 (Admin) 21 Nov 2003 Admn Newman J Consumer, Crime The court considered at what point the knowledge of the prosecuting authorities became sufficient to begin time running on a prosecution: "The question to ask in these circumstances is whether the facts disclosed, objectively considered, would have lead the prosecuting authority to have reasonable grounds to believe that an offence had been committed by a person identified to it. Discovering the offence should be taken to mean discovering grounds sufficient to found a reasonable belief that an offence has been committed." Food Safety Act 1990 4 1 Cites 1 Citers [ Bailii ] Â Her Majesty's Advocate v Kirk [2003] ScotHC 62 21 Nov 2003 HCJ Crime [ Bailii ] Â Pearson v Director of Public Prosecutions [2003] EWHC 2980 (Admin) 24 Nov 2003 Admn Crime [ Bailii ] Â Regina v Alan V [2003] EWCA Crim 3641 24 Nov 2003 CACD Crime [ Bailii ] Â Erkurt v Procurator Fiscal [2003] ScotHC 63 25 Nov 2003 HCJ Crime [ Bailii ] Â Crossley v Her Majesty's Advocate [2003] ScotHC 64 25 Nov 2003 HCJ Crime [ Bailii ] Â Nottingham City Council v Wolverhampton and Dudley Breweries [2003] EWHC 2847 (Admin); Times, 03 December 2003 27 Nov 2003 QBD Lord Justice Kennedy Mr Justice Royce Consumer, Crime A pub was found to have been selling beer below the advertised strength. Both licensee and the owner of the pub were prosecuted. The owner now appealed. Held: The owner was liable. The words of the Act must be given their ordinary and natural meaning. There was no distinct rule just because the food sold was also alcohol. Section 14 had to apply to all foods, and a separate regime for licensed and non-licensed sales would be inappropriate. Food Safety Act 1990 14 1 Cites [ Bailii ] Â Oxley, Regina v [2003] EWCA Crim 3739 27 Nov 2003 CACD Crime [ Bailii ] Â Hagans and Another, Regina v [2003] EWCA Crim 3358 27 Nov 2003 CACD Crime [ Bailii ] Â South Wales Sea Fisheries Committee v Saunders Times, 05 December 2003; [2003] EWHC 3054 (Admin) 27 Nov 2003 Admn Agriculture, Crime The defendant trawlerman was seen with his nets in the water within the six mile limit, and he faced a prosecution. He replied that the only acts undertaken within the limit had been acts of maintenance of his nets. Held: In the breaking open of nets to release debris rocks and fish back into the sea, he was not either 'engaged in fishing operations' and nor was he using an instrument of fishing'. The words had to be given their natural meaning. Sea Fisheries Regulation Act 1996 5 1 Cites [ Bailii ] Â Cummiskey, Regina v [2003] EWCA Crim 3933 27 Nov 2003 CACD Crime [ Bailii ] Â Frost-Smith and Others, Regina v [2003] EWCA Crim 3435 28 Nov 2003 CACD Lord Justice Potter Mr Justice Jack Mr Justice Cresswell Crime The defendant appealed against his conviction for sexual assault against a young girl. After the trial, she had made further allegations which were taken to suggest that the allegations were unreliable and exaggerated. Held: It was clear that the child had been abused, but it was not possible to say that if the evidence now available had been before the court, the trial would have taken the same course. With some regret, the verdicts must be seen as unsafe, and were set aside. [ Bailii ] Â Goldstein, Rimmington v Regina [2003] EWCA Crim 3450; Times, 17 December 2003; [2004] 1 WLR 2878; [2004] 1 Cr App R 388; [2004] 2 All ER 589; [2004] Crim LR 303 28 Nov 2003 CACD Mr Justice Moses Lord Justice Latham Sir Edwin Jowitt Crime Two defendants appealed in respect of alleged offences under common law of causing a public nuisance. One had sent race hatred material, and the other bomb hoaxes, through the post. Both claimed that the offence was so ill defined as to be an infringement of their rights. Held: The offence of causing a public nuisance remained an offence at common law. The elements were set out clearly, and a person could so regulate his behaviour as not to commit the offence. It was therefore sufficiently certain not to be an infringement of the defendants' rights. It was a proper and proportionate response to the need to provide against the acts complained of. European Convention on Human Rights 1 Cites 1 Citers [ Bailii ] Â Clark v Her Majesty's Advocate [2003] ScotHC 66 28 Nov 2003 HCJ Crime [ Bailii ] Â Regina v Nugent and Savva [2003] EWCA Crim 3434 28 Nov 2003 CACD Lord Justice Potter Mr Justice Cresswell Mr Justice Davis Crime [ Bailii ] Â Stevens, Regina v [2003] EWCA Crim 3738 1 Dec 2003 CACD Crime [ Bailii ] Â Director of Public Prosecutions v Meaden [2003] EWHC 3005 (Admin); Times, 02 January 2004; [2004] 1 WLR 945; [2004] 4 All ER 75 1 Dec 2003 Admn Rose LJ, Jackson J Police, Crime The defendant had been charged with assaulting a police officer in the execution of his duty. The prosecutor appealed a finding of no case to answer. He had been present in a house when the police executed search warrants. He had refused to obey an order requiring him to stay in one room whilst an officer searched the remainder of the house. Held: The warrant had been to search both the house and anybody present. That implied a power to detain the person to be searched for a short period. There is no general power of arrest for obstructing a police officer in the execution of his duty. Police Act 1996 89(1) 89(2) - Police and Criminal Evidence Act 1984 1 Cites [ Bailii ] Â MacDonald v Her Majesty's Advocate [2003] ScotHC 65 2 Dec 2003 HCJ Lord Kirkwood And Lord Maclean And Lord Justice General Crime [ Bailii ] Â Testouri, Regina v [2003] EWCA Crim 3735 2 Dec 2003 CACD Kennedy LJ, Curtis J, Forbes J Crime The appellant challenged his conviction for conspiracy, saying that where only two parties were alleged to have been involved, differing verdicts could not be returned. Held: The appeal was allowed. "In any case where what is alleged is a conspiracy to defraud, in which only two defendants are alleged to have participated, the judge should ask himself two questions. First: whether there is evidence of conspiracy to defraud? That means there must be evidence of an agreement to achieve a criminal purpose. If there is no evidence of that because, for example, on one view of the evidence only one defendant can be shown to have been dishonest then, if that view of the evidence is taken, both defendants must be acquitted and the jury must be so directed . . Secondly: whether there is any evidence admissible against only one defendant? If that evidence is or could be critical, in that without it that defendant cannot be shown to have been a party to the conspiracy alleged, then it will be necessary to explain to the jury how they may reach the conclusion that although the case is proved against that defendant, it is not proved against the defendant in relation to whom the evidence may not be admissible. Where there is no such evidence the jury must be told that it is not open to them to return different verdicts in relation to two defendants. " 1 Cites [ Bailii ] Â R and others v Director of Public Prosecutions [2003] EWHC 3074 (Admin) 2 Dec 2003 Admn Crime [ Bailii ] Â Walkling, Regina (on the Application of) v the Director of Public Prosecutions [2003] EWHC 3139 (Admin) 3 Dec 2003 Admn Stanley Burnton J Crime Breach of anti-social behaviour order. Crime and Disorder Act 1998 1 [ Bailii ] Â Regina v F [2003] EWCA Crim 3649 4 Dec 2003 CACD Crime [ Bailii ] Â Boal, Regina v [2003] NICA 50 5 Dec 2003 CANI Crime [ Bailii ] Â Regina v Bentham Times, 10 December 2003; Gazette, 22 January 2004 5 Dec 2003 CACD Kennedy LJ, Curtis, Forbes JJ Crime In the course of a robbery the defendant had held his finger in his pocket to suggest that he was pointing a gun at the victim. He now appealed against a conviction for possession of an imitation firearm. Held: The defendant could not successfully argue that he could not be prosecuted for possessing a part of his own anatomy, it was common to use expressions which implied just that. The intention of the section was to reflect the situation as perceived by the victim. The section would be construed purposively. That required an interpretation which would leave the defendant properly convicted. Firearms Act 1968 17(2) 57 1 Cites 1 Citers Â Kenny, Regina (on the Application of) v Leeds Magistrates Court, Leeds City Council [2003] EWHC 2963 (Admin); [2004] 1 All ER 1333 5 Dec 2003 Admn Owen J Crime, Children, Human Rights In cases involving children, Article 3 provides that the best interests of the child are a primary consideration, not the primary consideration. The court looked at the test for making an interim ASBO: "Consideration of whether it is just to make an order without notice is necessarily a balancing exercise. The court must balance the need to protect the public against the impact that the order sought will have upon the defendant. It will need to consider the seriousness of the behaviour in issue, the urgency with which it is necessary to take steps to control such behaviour, and whether it is necessary for orders to be made without notice in order for them to be effective. On the other side of the equation it will consider the degree to which the order will impede the defendant's rights as a free citizen to go where he pleases and to associate with whosoever he pleases. It is submitted on behalf of the Claimants that such relief can only be granted in exceptional circumstances, and that there must be compelling urgency to justify an application without notice. In my judgment that would be an unwarranted and unnecessary gloss upon the test set out in section 1D. But it is implicit in the balancing exercise that the considerations that weigh in favour of injunctive relief must be sufficiently serious to warrant what may amount to a serious interference with the civil rights of a defendant." Crime and Disorder Act 1998 1D - European Convention on Human Rights 3 1 Citers [ Bailii ] Â Regina v Black [2003] NICA 51 5 Dec 2003 CANI Crime [ Bailii ] Â Finlay, R v [2003] EWCA Crim 3868 8 Dec 2003 CACD Crime [ Bailii ] Â Ruth Ellis v Regina [2003] EWCA Crim 3556 8 Dec 2003 CACD Mr Justice Silber Lord Justice Kay Mr Justice Leveson Crime In 1955, the deceased defendant was convicted of murder, and later hanged. The court considerd a post mortem appeal by the CRCC and her family. It was suggested that she should have been found guilty of manslaughter having been provoked by the victim. Held: There was no dispute that Mrs Ellis had taken the gun and shot the deceased. The judge rules there was no evidence sufficient for a reasonable jury to conclude that she was provoked to a loss of self control. The court had to apply the substantive law of murder as applicable at the time, disregarding later changes. One of the changes to which he expressly referred was the provision of the defence of diminished responsibility. That was not applicable at the time, and the decision was correct. 1 Cites [ Bailii ] Â Regina v Finlay [2003] EWCA Crim 3868 8 Dec 2003 CACD Buxton LJ Crime The defendant appealed his conviction for manslaughter. He had been found to have prepared heroin by loading it into a syringe and passing it to a friend. Held: Even if "the appellant had not himself wielded the syringe, he would have committed an offence under s.23 if he had caused the administration of the heroin even though he did not himself physically administer it." "Effectively, the only matter in issue was whether it was open to the judge to leave to the jury the possibility that there was a version of events that caused Mr Finlay to be guilty of an offence under Section 23 of the 1861 Act even though he had not himself held the syringe." and "The test is one of causation. In this case, could it be said that the act of the deceased in taking up the syringe and using it on herself, which are to be assumed to be the facts, prevented Mr Finlay's previous acts being causative of the injection. " Defence counsel sought to "make the existence of what used to be called a novus actus interveniens, and can now more simply be regarded as an act of another person, as something that as a matter of law [emphasis added] breaks the chain of causation. It was that view or assumption that was rejected by the House of Lords in the Empress Car case. Intervening acts are only a factor to be taken into account by the jury in looking at all the circumstances." Offences Against the Persons Act 1861 823 1 Cites 1 Citers Â Â Regina v Bollom; CACD 8-Dec-2003 - Times, 15 December 2003; [2004] 2 Cr App R 6 Â Regina v Auguste Times, 15 December 2003; Gazette, 05 February 2004 9 Dec 2003 CACD Kay LJ, Douglas Brown J, Sir Michael Wright Crime The defendant appealed against a conviction for allowing her premises to be used for smoking cannabis. There was evidence of permission and of possession of items which would be used, but there had been no evidence of actual use. Held: To establish the offence, the court had to be shown evidence that the premises had actually been used for the purpose. Misuses of Drugs Act 1971 8 Â Howard, Regina v [2003] EWCA Crim 3927 11 Dec 2003 CACD Crime [ Bailii ] Â Regina v Kempster [2003] EWCA Crim 3555 11 Dec 2003 CACD Mr Justice Jackson Lord Justice Mantell The Recorder Of Manchester Crime [ Bailii ] Â Regina v Nicholas Van Hoogstraten [2003] EWCA 3642 Crim; Times, 24 December 2003 12 Dec 2003 CACD Mr Justice Forbes Lord Justice Kennedy Mr Justice Curtis Crime, Criminal Practice The prosecution appealed against the refusal of the crown court to remit the case for retrial. Held: The court had no jurisdiction to entertain an appeal against this ruling because it was not within the ambit of section 29(2) of the 1996 Act. That may be satisfactory because it seemed to be common ground that if an attempt had been made to quash the indictment at arraignment (by means of a request for particulars followed by an application to quash), or if such an attempt had been made after the jury was empanelled, in neither instance would the Crown have any right of appeal. The court was unhappy with this conclusion, but could not avoid it. It could not order a retrial. Criminal Procedure and Investigations Act 1996 35(1) 1 Cites 1 Citers [ Bailii ] Â Briggs v Regina [2003] EWCA Crim 3662 12 Dec 2003 CACD Crime [ Bailii ] Â Hall,Regina v [2003] EWCA Crim 3945 12 Dec 2003 CACD Crime [ Bailii ] Â Â Regina v Briggs (Joan); CACD 12-Dec-2003 - Times, 17 December 2003 Â Regina v Philip Rowland [2003] EWCA Crim 3636; Times, 12 January 2004 12 Dec 2003 CACD Lord Justice Potter Mr Justice Cresswell Mr Justice Davis Crime The appellant had been convicted of murder. He sought to have substituted a conviction for manslaughter following Smith, and in the light of evidence as to his mental characteristics. Held: "in the context of the law of provocation, the reasonable man is now to be regarded as an archetype best left lurking in the statutory undergrowth, lest his emergence should lead the jury down a false trail of reasoning en route to their verdict." The appeal was allowed given the evidence of clinical depression, and the new view of the law. 1 Cites [ Bailii ] Â F, Regina (on the Application of) v Crown Prosecution Service and Another [2003] EWHC 3266 (Admin) 12 Dec 2003 Admn Jackson J Crime Jackson J said: "Save in exceptional circumstances, it is quite inappropriate for this court to step into the shoes of the crown prosecutor and to retake decisions which Parliament has entrusted to the crown prosecutor under the Prosecution of Offences Act 1985." Prosecution of Offences Act 1985 1 Citers [ Bailii ] Â Regina v Millard, Middleton [2003] EWCA Crim 3629 12 Dec 2003 CACD Lord Justice Judge Mr Justice Silber Mrs Justice Cox Crime [ Bailii ] Â Walton, Regina v [2003] EWCA Crim 3644 16 Dec 2003 CACD Crime [ Bailii ] Â Â Regina v Gulbir Rana Singh; CACD 18-Dec-2003 - [2003] EWCA Crim 3712 Â Regina v Randall [2003] UKHL 69; Times, 19 December 2003; [2004] 1 Cr App R 26; [2004] 1 All ER 467; [2004] 1 WLR 56 18 Dec 2003 HL Lord Bingham of Cornhill, Lord Steyn, Lord Hobhouse of Woodborough, Lord Scott of Foscote, Lord Rodger of Earlsferry Crime, Evidence Two defendants accused of murder each sought to place blame for the victim's death on the other. One sought to rely upon the other's record of violence as evidence of his co-accused's propensity to violence. Held: The record was admissible. By putting his own record in issue the co-defendant had lost the protection of the 1898 Act: "where evidence of propensity of a co-accused is relevant to a fact in issue between the Crown and the other accused it is not necessary for a trial judge to direct the jury to ignore that evidence in considering the case against the co-accused. Justice does not require that such a direction be given. Moreover, such a direction would needlessly perplex juries. " Lord Steyn: "It is no answer to admitting [similar fact] evidence that it is evidence of the propensity of the accused to commit certain crimes. On the contrary, that is often the very reason for admitting such evidence. While these rules are not applicable in this case their rationale illustrates that propensity to commit certain crimes may sometimes be relevant to the fact in issue." Criminal Evidence Act 1898 1(3) 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â Sharp, Regina v [2003] EWCA Crim 3870 18 Dec 2003 CACD Crime [ Bailii ] Â Leon Florenzous Sofroniou v Regina [2003] EWCA Crim 3681; Times, 05 January 2004 18 Dec 2003 CACD Lord Justice May Mr Justice Mckinnon His Honour Judge Jeremy Roberts Q.C. Crime The defendant appealed conviction on charges of obtaining services by deception under the section. He had obtained a credit card dishonestly and operated bank accounts dishonestly over a period of time. Held: His acts could constitute the obtaining of services, provided only that the parties expected that these services would be charged for. 'The section envisaged a putative objective or moral understanding as to payment on the assumption that the inducement was not dishonest' Theft Act 1978 1(1) 1 Cites [ Bailii ] Â Craig and Another, R v [2003] NICC 19 18 Dec 2003 NICC Northern Ireland, Crime [ Bailii ] Â Miah and Others, R v [2003] EWCA Crim 3713 18 Dec 2003 CACD Crime [ Bailii ] Â Regina on the Application of South West Yorkshire Mental Health NHS Trust v Crown Court at Bradford [2003] EWCA Civ 1857; Times, 23 January 2004; [2004] 1 WLR 1664; [2004] 1 All ER 1311, 19 Dec 2003 CA Lord Justice Chadwick Lord Justice May Lord Justice Pill Health, Crime, Criminal Practice A appealed an order made by the Crown Court under the 1964 Act for his detention in a mental hospital on the grounds that he was unfit to enter a plea to the charge of murder. Held: The Court of Appal had no jurisdiction to hear the appeal. All appeals from orders of the Crown Court not involving a conviction were to the Queens Bench Division. The orders were not in any sense merely collateral, and a criminal trial remained a possibility. Criminal Procedures (Insanity and Unfitness to Plead) Act 1991 - Supreme Court Act 1981 18(1)(a) 1 Cites [ Bailii ] Â
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