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		Crime - From: 2004 To: 2004 This page lists 361 cases, and was prepared on 21 May 2019. Â Bryceland v Her Majesty's Advocate [2004] ScotHC 2 6 Jan 2004 HCJ Scotland, Crime [ Bailii ] Â Her Majestys Advocate v Gilmour [2004] ScotHC 1 6 Jan 2004 HCJ Scotland, Crime [ Bailii ] Â Her Majestys Advocate v John Gilmour 6 Jan 2004 HCJ Lord Justice Clerk And Lord Osborne And Lord Cameron Of Lochbroom Scotland, Crime [ ScotC ] Â George Mackie Thompson Bryceland (Aka George Nelson) v Her Majesty's Advocate 6 Jan 2004 HCJ Lady Cosgrove And Lord Justice Clerk And Lord Wheatley Scotland, Crime [ ScotC ] Â Criminal proceedings against X C-60/02; [2004] EUECJ C-60/02 7 Jan 2004 ECJ European, Intellectual Property, Crime CJ Reference for a preliminary ruling: Landesgericht Eisenstadt - Austria. Counterfeit and pirated goods - No criminal penalty for the transit of counterfeit goods - Compatibility with Regulation (EC) No 3295/94. Regulation (EC) No 3295/94 [ Bailii ] Â Director of Public Prosecutions v Hammond Times, 28 January 2004 13 Jan 2004 QBD May LJ, Harrison J Crime A preacher repeatedly displayed posters such as 'Stop Homosexuality' and 'Stop Lesbianism'. He had been convicted of displaying a sign which was threatening abusive or insulting within the sight of a person likely to be caused harrassment alarm on distress. On one occasion a crowd of 30 or more had gathered outside his house. Held: The conviction stood. The court had to balance the proper need for public order with freedom of speech. The magistrates had asked themselves the correct questions, and reached a decision supported by evidence. Public Order Act 1986 5(1) 5(6) 1 Cites Â Hammond v Director of Public Prosecutions [2004] EWHC 69 (Admin) 13 Jan 2004 Admn May LJ, Harrison J Crime, Human Rights The defendant, who had since died, had been convicted of a public order offence in that standing in a street he had displayed a range of placards opposing homosexuality. He appealed saying that the finding was an unwarranted infringement of his article 9 and article 10 rights, and that the words used were not in fact insulting. Held: The appeal failed. Any restriction on his rights of free expression were compatible with article 10. The justices had however brought all the relevant considerations into play.They had found as a fact that the words were insulting, andthat finding was not so far outisde what might properly be concluded to allow its setting aside. The words were shprt and not intemperate. They did however associate homosexuality with immorality. Public Order Act 1986 5 - European Convention on Human Rights 9 10 1 Cites 1 Citers [ Bailii ] Â Criminal proceedings against Marco Antonio Saetti and Andrea Frediani C-235/02 15 Jan 2004 ECJ European, Crime Reference for a preliminary ruling: Tribunale di Gela - Italy Â Her Majesty's Advocate v Craig Fleming 16 Jan 2004 HCJ Lord Johnston And Lord Justice Clerk And Lord Wheatley Scotland, Crime [ ScotC ] Â Bayram Cinci v Her Majesty's Advocate 16 Jan 2004 HCJ Lord Justice Clerk And Lord Kirkwood And Lord Mccluskey Scotland, Crime [ ScotC ] Â McKearney v Her Majesty's Advocate [2004] ScotHC HCJAC - 69; 2004 SCCR 251; 2004 JC 87; 2004 GWD 15-332; 2004 SLT 739 16 Jan 2004 HCJ Lord Justice Clerk And Lord Kirkwood And Lord Mccluskey Scotland, Crime The appellant had been convicted of rape. The court was now asked: "(1) whether the trial judge failed properly to direct the jury on the question of mens rea; (2) whether he erred in directing them to disregard the question of honest belief; (3) whether distress de recenti on the part of the complainer was evidence of mens rea on the part of the appellant, and (4) whether the jury were entitled to hold that the complainer remained frightened of the appellant when he had intercourse with her." [ ScotC ] - [ Bailii ] Â Her Majesty's Advocate v Fleming [2004] ScotHC 3 16 Jan 2004 HCJ Scotland, Crime [ Bailii ] Â Corporation of London v Eurostar (Uk) Ltd [2004] EWHC 187 (Admin) 20 Jan 2004 Admn Crime, Animals Rabies (Importation of Dogs, Cats and other Mammals) Order 1974 [ Bailii ] Â Mintern v Regina [2004] EWCA Crim 7 21 Jan 2004 CACD The Hon Recorder Of Middlesbrough Lord Justice Rix Mr Jusice Mccombe Crime 1 Citers [ Bailii ] Â J A B v Her Majesty's Advocate 21 Jan 2004 HCJ Lord Caplan And Lady Cosgrove And Lord Justice Clerk Scotland, Crime [ ScotC ] Â Abbott, R v [2004] EWCA Crim 91 21 Jan 2004 CACD Crime [ Bailii ] Â Jab v Her Majesty's Advocate [2004] ScotHC 4 21 Jan 2004 HCJ Scotland, Crime [ Bailii ] Â Director of Public Prosecutions v Janman [2004] EWHC 101 (Admin); Times, 29 January 2004 22 Jan 2004 Admn May LJ, Nelson J Road Traffic, Crime The Director appealed dismissal of a charge. The defendant had accompanied a learner driver. He had too much alcohol in his blood. He denied that he was driving. Held: There was no need to prove that the defendant was statutorily supervising. The precise skills of the learner driver were not relevant. The supervisor was clearly in charge of the vehicle, and the case was remitted to the magistrates Road Traffic Act 1988 5 [ Bailii ] Â Kenneth Clarke v The Queen [2004] UKPC 5 22 Jan 2004 PC Crime, Commonwealth PC (Jamaica) The appellant challenged his conviction for capital murder, saying the judge had failed properly direct the jury as to the caution required in acting upon the evidence of an accomplice who had given inconsistent statements. [ Bailii ] - [ PC ] - [ PC ] - [ PC ] Â Brown, Regina v [2004] EWCA Crim 50 22 Jan 2004 CACD Crime [ Bailii ] Â P v Secretary of State for the Home Department [2004] UKSIAC 20/2002 27 Jan 2004 SIAC Immigration, Crime [ Bailii ] Â Regina v Halloren Times, 11 February 2004 27 Jan 2004 CACD Crime The defendant had been convicted of making indecent photographs of children, and sentenced to 8 months imprisonment. The judge had ordered a restraining order without limit of time to prevent him accessing the internet save from a place of work. He appealed. Held: There had been no positive evidence to support the need for a restraining order, and the order was set aside. If the Crown wished to seek such an order they must provide the court with evidnce upon which it could be based. Sex Offenders Act 1997 5A Â Halloren, R. v [2004] EWCA Crim 233 27 Jan 2004 CACD Crime [ Bailii ] Â RG and LT v Director of Public Prosecutions [2004] EWHC 183 (Admin) 28 Jan 2004 Admn May LJ Crime The court contrasted allegations under sections 28(1)(a) and 28(1)(b): "paragraph (a) form is not concerned so much with the offender's state of mind but with what he did or said so as to demonstrate racial hostility towards the victim. In contrast, the paragraph (b) form is concerned with the offender's motivation, which necessarily involves considering his state of mind." Crime and Disorder Act 1998 1 Citers [ Bailii ] Â Collins and Keep v Regina [2004] EWCA Crim 83; Gazette, 26 February 2004; [2004] 2 Cr App 199 28 Jan 2004 CACD The Hon Recorder Of Middlesbrough Mr Jusice Mccombe Lord Justice Thomas Crime When arrested with a co-defendant, C had said nothing as his co-defendant gave a false explanation. He now appealed his conviction saying that the judge had left with the jury the question of whether he was adopting that lie by his own silence. Held: The cases on an absence of response to an accusation or identification were not directly to the point of adopting a co-accused's lie. Such silence could be used as evidence without necessarily breaching his right to a fair trial, but in this case the judge had not explored the necessary protections to accompany any such direction. Mere silence withoutmore should not normally be taken to be an adoption of a co-accused's lie. 1 Cites 1 Citers [ Bailii ] Â Miah and Another, Regina v [2004] EWCA Crim 63 28 Jan 2004 CACD Crime [ Bailii ] Â Khatibi v Director of Public Prosecutions [2004] EWHC 83 (Admin) 28 Jan 2004 Admn May LJ, Nelson J Road Traffic, Crime Road Traffic Act 1988 5(1) 1 Cites 1 Citers [ Bailii ] Â Procurator Fiscal, Hamilton v Andrew Richard Sneddon 29 Jan 2004 HCJ Lord Macfadyen And Lord Marnoch And Sheriff Principal C.G.B. Nicholson Scotland, Crime [ ScotC ] Â Clark v Procurator Fiscal [2004] ScotHC 5 29 Jan 2004 HCJ Crime [ Bailii ] Â Bowden v Regina [2004] EWCA Crim 106 29 Jan 2004 CACD The Hon Recorder Of Middlesbrough Mr Jusice Mccombe Lord Justice Thomas Crime [ Bailii ] Â Procurator Fiscal v Sneddon [2004] ScotHC 6 29 Jan 2004 HCJ Crime [ Bailii ] Â Robert John Clark v Procurator Fiscal, Glasgow 29 Jan 2004 HCJ Lord Abernethy And Lord Marnoch And Lord Weir Scotland, Crime [ ScotC ] Â Nwobu v Regina [2004] EWCA Crim 105 29 Jan 2004 CACD Crime [ Bailii ] Â Huggins v The Queen [2004] UKPC 7 29 Jan 2004 PC Crime PC Court of Appeal of Barbados [ Bailii ] - [ PC ] - [ PC ] Â Director of Public Prosecutions v Chippendale [2004] EWHC 464 (Admin) 30 Jan 2004 Admn Crime Crime and Disorder Act 1998 - Public Order Act 1986 5 [ Bailii ] Â Northumberland County Council v PR Manufacturing Ltd [2004] EWHC 112 (Admin) 30 Jan 2004 Admn Consumer, Crime Trade Descriptions Act 1968 1(1)(A) [ Bailii ] Â Hundal and Dhaliwal, Regina v Times, 13 February 2004; [2004] EWCA Crim 389; [2004] 2 Cr App R 19; [2004] 2 CAR 19 3 Feb 2004 CACD Lord Woolf of Barnes LCJ, Richards J, Henriques J Crime, Human Rights The defendants appealed against conviction and sentence for membership of an organisation proscribed under the 2000 Act. The defendants said that at the time they joined the organisation was not proscribed, and had left before it became proscribed. They said that they had gone to Germany to make explicit their resignations and were stopped on returning. Membership cards were found. Held: The appeals against conviction failed. It could not be sufficient to avoid liability here to merely join a foreign branch of the same organisation. This did not mean that the section had extra-territorial effect. The offence was committed by the presence of the defendant in this country. The defendants said that provisions under which the searches had been carried out infringed their human rights. The case of Saunders distinguished between the enforced disclosure of an existing document and the creation of a new one. As to sentence neither defendant knew of the illegality of their acts, and the sentences were reduced from 30 months to twelve. Terrorism Act 2000 11(1) - Terrorism Act 2000 11(1) - European Convention on Human Rights 6 1 Cites 1 Citers [ Bailii ] Â Kemsley v Director of Public Prosecutions [2004] EWHC 278 (Admin) 4 Feb 2004 Admn Road Traffic, Crime The defendant appealed a conviction for driving with excess alcohol. She said she had not first been cautioned when interviewed after an accident and that her admission that she had been driving should not have been allowed in evidence. Held: That admission had properly been admitted. An expert for the defence had said that the intoximeter device had been modified in answer to criticisms of its inability to differentiate the presence of mouth alcohol. The device was not the same as that which has been approved, the results of its use cannot be admissible even where it was substantially like an approved device, and even if its performance is the same as that of an approved device. Since it had been modified, it was no longer an approved device. However if the judge had accepted that it was not an approved device, the reading could not have been admitted. Road Traffic Act 1988 5(1)(a) 1 Citers [ Bailii ] Â Procurator Fiscal Aberdeen v Andrew Summers Stuart 5 Feb 2004 HCJ Lord Marnoch And Lord Macfadyen And Sir G.H. Gordon, Q.C. Scotland, Crime [ ScotC ] Â William S, Regina v [2004] EWCA Crim 443 5 Feb 2004 CACD Crime [ Bailii ] Â Procurator Fiscal v Stuart [2004] ScotHC 7 5 Feb 2004 HCJ Scotland, Crime [ Bailii ] Â Procurator Fiscal, Hamilton v Michael Joseph Kelly Graeme Stewart Steven John Shaw 10 Feb 2004 HCJ Lord Macfadyen And Lord Marnoch And Sheriff Principal C.G.B. Nicholson Scotland, Crime [ ScotC ] Â Procurator Fiscal v Kelly and others [2004] ScotHC 8 10 Feb 2004 HCJ Scotland, Crime [ Bailii ] Â Mcdonald v Her Majesty's Advocate [2004] ScotHC 9 11 Feb 2004 HCJ Scotland, Crime [ Bailii ] Â G, Regina v [2004] NICC 1 11 Feb 2004 CCNI Northern Ireland, Crime [ Bailii ] Â Regina v Lydiate [2004] EWCA Crim 245 13 Feb 2004 CACD Sir Edwin Jowitt Lord Justice Mance Mr Justice Wakerley Crime, Criminal Sentencing Conspiracy to murder [ Bailii ] Â Grampian University Hospitals NHS Trust v Her Majesty's Advocate 13 Feb 2004 HCJ Lord Marnoch And Lord Macfadyen And Sir G.H. Gordon, Q.C. Scotland, Crime [ ScotC ] Â Grampian University Hospitals NHS Trust v Her Majesty's Advocate [2004] ScotHC 10 13 Feb 2004 HCJ Scotland, Crime [ Bailii ] Â Robertson v Her Majesty's Advocate [2004] ScotHC 11 17 Feb 2004 HCJ Crime [ Bailii ] Â O'Donnell v Her Majesty's Advocate [2004] ScotHC 12 18 Feb 2004 HCJ Scotland, Crime [ Bailii ] Â Francis Martin Thomas O'Donnell v Her Majesty's Advocate 18 Feb 2004 HCJ Lord Justice Clerk And Lord Kirkwood And Lady Cosgrove Scotland, Crime [ ScotC ] Â Brizzalari v Regina [2004] EWCA Crim 310 19 Feb 2004 CACD Crime [ Bailii ] Â Regina v McCallan [2004] EWCA Crim 463 20 Feb 2004 CACD Crime [ Bailii ] Â BL, Regina v [2004] EWCA Crim 303 20 Feb 2004 CACD Crime [ Bailii ] Â Hopkins, Regina v [2004] EWCA Crim 309 20 Feb 2004 CACD Crime [ Bailii ] Â McCue v Procurator Fiscal, Kilmarnock 24 Feb 2004 HCJ Lord Macfadyen And Lord Marnoch And Sheriff Principal C.G.B. Nicholson Scotland, Crime [ ScotC ] Â Beaney, Regina v [2004] EWCA Crim 449 24 Feb 2004 CACD Crime [ Bailii ] Â H J P J, Regina v [2004] EWCA Crim 453 24 Feb 2004 CACD Crime [ Bailii ] Â Mccue v Procurator Fiscal [2004] ScotHC 14 24 Feb 2004 HCJ Scotland, Crime [ Bailii ] Â Gordon Platt v Her Majesty's Advocate 25 Feb 2004 HCJ Lord Caplan And Lord Justice General And Lord Hamilton Scotland, Crime [ ScotC ] Â Platt v Her Majesty's Advocate [2004] ScotHC 15 25 Feb 2004 HCJ Scotland, Crime [ Bailii ] Â Brewster v Procurator Fiscal, Inverness [2004] ScotHC 17 26 Feb 2004 HCJ Lord Abernethy And Lord Marnoch And Sheriff Principal C.G.B. Nicholson Crime [ ScotC ] - [ Bailii ] Â Lamb v Procurator Fiscal, Edinburgh 26 Feb 2004 HCJ Lord Abernethy And Lord Marnoch And Sheriff Principal C.G.B. Nicholson Crime [ ScotC ] Â Lamb v Procurator Fiscal [2004] ScotHC 16 26 Feb 2004 HCJ Crime [ Bailii ] Â Farrell, Regina v [2004] EWCA Crim 597 26 Feb 2004 CACD Crime [ Bailii ] Â Brown, Regina v [2004] EWCA Crim 496 27 Feb 2004 CACD Crime [ Bailii ] Â Andrew Ballantyne Norman Mcdermott Hunter v Procurator Fiscal, Aberdeen 2 Mar 2004 HCJ Lord Marnoch And Lord Macfadyen And Sheriff Principal C.G.B. Nicholson Scotland, Crime [ ScotC ] Â Ballantyne and Another v Procurator Fiscal [2004] ScotHC 18 2 Mar 2004 HCJ Scotland, Crime [ Bailii ] Â Hunter v Frame [2004] ScotHC HCJ - 70; 2004 JC 81; 2004 GWD 11-254; 2004 SCCR 214; 2004 SLT 697 2 Mar 2004 HCJ Crime [ Bailii ] Â Ghuman and Others, Regina v [2004] EWCA Crim 742 3 Mar 2004 CACD Crime [ Bailii ] Â Â White, Regina v; CACD 4-Mar-2004 - [2004] EWCA Crim 946 Â Regina v Dianne Senior and Samantha Senior [2004] EWCA Crim 454; Times, 25 March 2004 4 Mar 2004 CA Mr Justice Astill Mr Justice Hooper Lord Justice Potter Crime The defendants appealed convictions for being involved in the illegal importation of cocaine, saying that questioning at the airport before a caution was administered was unlawful. By the time they were asked about the cases, the customs officers already knew that the cases contained drugs. The recorder had said that the questions were standard ones put to all individuals stopped and there was no need for a caution at that stage. Held: It was sensible before making an arrest to ensure some conection between the suspect luggage and the passenger, and at that point some decision could be made about detention. However each situation had to be looked at in the light of the particular officer's knowledge at the time. It would not always be correct. Police and Criminal Evidence Act 1984 78 1 Cites [ Bailii ] Â El-Faisal, Regina v [2004] EWCA Crim 456 4 Mar 2004 CACD Crime [ Bailii ] Â Aq v Secretary of State for the Home Department [2004] UKSIAC 15/2002 8 Mar 2004 SIAC Immigration, Crime [ Bailii ] Â M v Secretary of State for the Home Department [2004] UKSIAC 17/2002 8 Mar 2004 SIAC Immigration, Crime [ Bailii ] Â O'Sullivan, Regina v [2004] EWCA Crim 605 9 Mar 2004 CACD Crime [ Bailii ] Â Bain, Regina v [2004] EWCA Crim 525 9 Mar 2004 CACD Crime [ Bailii ] Â Nazham and Another, Regina v [2004] EWCA Crim 491 9 Mar 2004 CACD Crime [ Bailii ] Â Rogers v Regina [2004] EWCA Crim 489 10 Mar 2004 CACD Crime [ Bailii ] Â O'Flaherty and Others, Regina v [2004] EWCA Crim 526; [2004] 2 Crim App R 20 10 Mar 2004 CACD Crime It is for the jury to decide the question as to what the defendant had joined up to in a joint enterprise case by considering the knowledge and actions of those involved. The jury would have to be sure before the defendant was convicted that the defendant had participated in the joint enterprise foreseeing that in the course of that joint enterprise the person who killed might use force with intent to kill or cause really serious bodily injury. 1 Cites 1 Citers [ Bailii ] Â Smith (Wallace Duncan), Regina v (No 4) [2004] EWCA Crim 631; Times, 29 March 2004; [2004] QB 1418; [2004] 2 Cr App R 17; [2004] 3 WLR 229 17 Mar 2004 CACD The Lord Chief Justice of England And Wales, Mr Justice Richards And Mr Justice Henriques Crime, Jurisdiction The defendant appealed convictions for fraudulent trading and obtaining property by deception, saying that the English court could not prosecute an offence committed principally in the US. Held: Provided some substantial element (here the deception) took place within the UK, and provided there was no offence to international comity, the court here could hear such a case. Convictions for obtaining services by deception were substituted for the property convictions, but otherwise the appeal was dismissed. The common law had to be allowed to develop. The court had to decide between Smith and Manning. Smith was preferred. Substitutional convictions were imposed. Companies Act 1985 485 1 Cites 1 Citers [ Bailii ] Â David Edward Brown v Procurator Fiscal, Inverness 17 Mar 2004 HCJ Lord Macfadyen And Sheriff Principal E.F. Bowen Scotland, Crime [ ScotC ] Â Brown v Procurator Fiscal [2004] ScotHC 19 17 Mar 2004 HCJ Crime, Road Traffic [ Bailii ] Â Semih Koesger v Her Majesty's Advocate 18 Mar 2004 HCJ Lord Macfadyen And Sheriff Principal E.F. Bowen Scotland, Crime [ ScotC ] Â Koesger v Her Majesty's Advocate [2004] ScotHC 20 18 Mar 2004 HCJ Scotland, Crime [ Bailii ] Â Regina v Crooks Times, 25 March 2004 18 Mar 2004 CACD Judge LJ, Nelson, McCombe JJ Crime, Human Rights The defendant appealed against a conviction in 2002 for the rape of his wife in 1970. He said that at the time that was not an offence. Held: The words which at one point appeared to make rape of a wife lawful were a mere technicality. The case of R v R changed the law in 1991. Even at 1970, the defendant would have been advised by a competent lawyer that the law might change, and that it might in any event be unlawful in other ways, and have other civil consequences. The husband's right to a fair trial was met by the wife's right not to be subjected to inhuman or degrading treatment. Appeal rejected. Sexual Offences (Amendment) Act 1976 - European Convention on Human Rights 7.1 7.2 1 Cites Â Mcmaster, Regina v [2004] NICC 34 19 Mar 2004 NICC Northern Ireland, Crime [ Bailii ] Â Bargery, Regina v [2004] EWCA Crim 816 19 Mar 2004 CACD Crime [ Bailii ] Â Kerr v Her Majesty's Advocate [2004] ScotHC 21 24 Mar 2004 HCJ Scotland, Crime [ Bailii ] Â David Moir Nelson Kerr v Her Majesty's Advocate 24 Mar 2004 HCJ Lord Justice Clerk And Lord Macfadyen And Lord Osborne Scotland, Crime [ ScotC ] Â Devonne Du Plooy v Her Majesty's Advocate 25 Mar 2004 HCJ Lord Justice General And Lord Maclean And Lord Hamilton Scotland, Crime [ ScotC ] Â Scott v Mid-South Essex Justices and Keskin [2004] EWHC 1001 (Admin) 25 Mar 2004 Admn Kennedy LJ, Goldring J Crime The private prosecutor appealed against the dismissal by the magistrates of his allegation that the defendant had unlawfully obstructed the highway. In essence the question was whether Mr Keskin should have been found to have a lawful excuse. He owned a burger and kebab trailer, parking it on the highway. The defndant had argued that no obstruction had been caused. The magistrates found that the roadway was quiet, that neither police nor local authority, despite visits, had objected, and that there was no substanttial obstruction. 1 Cites 1 Citers [ Bailii ] Â Plooy v Her Majesty's Advocate [2004] ScotHC 23 25 Mar 2004 HCJ Scotland, Crime [ Bailii ] Â Brown and Another v Her Majesty's Advocate [2004] ScotHC 22 25 Mar 2004 HCJ Scotland, Crime [ Bailii ] Â Â Cash, Regina v; CACD 26-Mar-2004 - [2004] EWCA Crim 666 Â Regina v Prior [2004] EWCA Crim 1147; [1999] 2 Archbold News 3 29 Mar 2004 CACD Aud LJ, Elias, Swift JJ Crime [ Bailii ] Â Stapley, Regina v [2004] EWCA Crim 1139 31 Mar 2004 CACD Crime [ Bailii ] Â Attorney-General's Reference (No 2 of 2003) Unreported, 1 April 2004 1 Apr 2004 Judge LJ, Elias, Stanley Burnton JJ Health Professions, Crime The license holder of a fertility clinic was accused of keeping an embryo otherwise than in pursuance of the licence. The clinic had employed a respected consultant who had carried out the task, but had done so unlawfully. Held: The Act made a clear distinction between the person responsible for keeping the embryos and the license holder. The licence holder might be subject to disciplinary procedures within the licence system, but he had not been the person responsible within the Act in this case. Human Fertilisation and Embryology Act 1990 Â Â Attorney General's Reference (No 3 of 2003); CACD 7-Apr-2004 - Times, 22 April 2004; [2004] EWCA Crim 868; [2005] QB 73; [2004] 2 Cr App Rep 23; [2004] 3 WLR 451; [2005] 4 All ER 303 Â Mcbrearty v Her Majesty's Advocate [2004] ScotHC 24 13 Apr 2004 HCJ Scotland, Crime [ Bailii ] Â Samuel Mcbrearty v Her Majesty's Advocate 13 Apr 2004 HCJ Lord Justice Clerk And Lord Maclean And Lord Mccluskey Scotland, Crime [ ScotC ] Â Melady, Regina v [2004] EWCA Crim 1015 21 Apr 2004 CACD Crime [ Bailii ] Â Isaac, Regina v [2004] EWCA Crim 1082 22 Apr 2004 CACD Crime [ Bailii ] Â Alan Alexander Dickson v Her Majesty's Advocate 23 Apr 2004 HCJ Lord Abernethy And Lord Mccluskey And Lord Macfadyen Scotland, Crime [ ScotC ] Â Â Regina v Edwards, Denton and Jackson Hendley Crowley; Attorney General's Reference (No. 1 of 2004); CACD 29-Apr-2004 - [2004] EWCA Crim 1025; Times, 30 April 2004; Gazette, 20 May 2004; [2004] 1 WLR 2111; [2004] 2 Cr App R(S) 27 Â Attorney General's Reference No 10 of 2004 [2004] EWCA Crim 1530 29 Apr 2004 CACD Crime [ Bailii ] Â Regina v Gray [2004] EWCA Crim 1074; [2004] 2 Cr App R 30 30 Apr 2004 CACD Rix LJ Crime The court examined the authorities as to good chracter directions where a defendant had previous convictions. Rix LJ said: "In our judgment the authorities discussed above entitled us to state the following principles as applicable in this context: (1) The primary rule is that a person of previous good character must be given a full direction covering both credibility and propensity. Where there are no further acts to complicate the position, such a direction is mandatory and should be unqualified (Vye, Aziz). (2) If a defendant has a previous conviction which, either because of its age or nature, may entitle him to be treated as of effective good character, the trial judge has a discretion so to treat him, and if he does so the defendant is entitled to a Vye direction (passim); but (3) Where the previous conviction can only be regarded as irrelevant or of no significance in relation to the offence charged, that discretion ought to be exercised in favour of treating the defendant as of good character (H, Durbin and, to the extent that it cited H with apparent approval, Aziz). In such a case the defendant is entitled to again entitled to a Vye direction. It would seem to be consistent with principle (4) below that, where there is room for uncertainty as to how a defendant of effective good character should be treated, a judge would be entitled to give an appropriately modified Vye direction. (4) Where a defendant of previous good character, whether absolute or we would suggest, effective, has been shown at trial, whether by admission or otherwise, to be guilty or criminal conduct, the prima facie rule of practice is to deal with this by qualifying a Vye direction rather than by withholding it (Vye, Derbin, Aziz); but (5) In such a case, there remains a narrowly circumscribed residual discretion to withhold a good character direction in whole, or presumably in part, where it would make no sense or would be meaningless or absurd or an insult to commonsense, to do otherwise (Zoppola-Barrazza and Dictor Derbin and Aziz)" 1 Cites 1 Citers [ Bailii ] Â Bermingham v Her Majesty's Advocate [2004] ScotHC 26 4 May 2004 HCJ Lady Cosgrove And Lord Cameron Of Lochbroom And Lord Justice General Crime [ Bailii ] Â Jones and others v Procurator Fiscal, Helensburgh [2001] ScotHC HCJAC - 122 4 May 2004 HCJ Crime [ Bailii ] Â Jones and others v Procurator Fiscal [2004] ScotHC 25 4 May 2004 HCJ Crime [ Bailii ] Â Smolinski, Regina v [2004] EWCA Crim 1270; [2004] 2 Cr App Rep 40 4 May 2004 CACD The Lord Woolf of Barnes LCJ, Aikens, Fulford JJ Crime [ Bailii ] Â Regina v Dica [2004] EWCA Crim 1103; Times, 11 May 2004; [2004] QB 1257; [2002] 2 Cr App R 28 5 May 2004 CACD Mr Justice Forbes Lord Justice Judge Lord Chief Justice Of England And Wales Crime The defendant appealed against his conviction for inflicting grievous bodily harm. He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. It was not suggested that any rape had occurred or that he had intended to inflict the disease. Held: The court was content to "remove some of the outdated restrictions against the successful prosecution of those who, knowing that they are suffering HIV or some other serious sexual disease, recklessly transmit it through consensual sexual intercourse, and inflict grievous bodily harm on a person from whom the risk is concealed and who is not consenting to it." A person who is suffering from a sexual disease and who has sexual intercourse with a partner, not intending deliberately to infect her, but knowing that she was unaware of his condition, may be guilty of recklessly inflicting grievous bodily harm. However, the judge had not properly directed the jury as to whether the complainants knew of his condition, and the trial judge should not have withdrawn the issue of consent from the jury. Retrial ordered. Offences Against the Person Act 1861 20 1 Cites 1 Citers [ Bailii ] Â James Brannan Mcgaffney v Her Majesty's Advocate 6 May 2004 HCJ Lord Macfadyen And Lord Mcewan Scotland, Crime [ ScotC ] Â Mcgaffney v Her Majesty's Advocate [2004] ScotHC 27 6 May 2004 HCJ Scotland, Crime [ Bailii ] Â Croly v Her Majesty's Advocate [2004] ScotHC 28 11 May 2004 HCJ Scotland, Crime [ Bailii ] Â Regina (on the Application of Gjovalin Pepushi) v Crown Prosecution Service [2004] EWHC 798 (Admin); Times, 21 May 2004; [2004] INLR 638 11 May 2004 Admn Silber, Mr Justice Silber Lord Justice Thorpe Immigration, Crime The claimant was stopped when boarding a flight to Canada, having previously stopped in France and Italy. He bore a false Swedish passport, and intended to claim asylum in Canada. He now claimed the benefit of the article 31 (per Adimi), to defend a prosecution under the 1981 Act for using a false instrument. Held: The scope of section 31 was less than article 31 of the Convention, which did not apply directly, but only through the section. The court should attempt to construe the section to give effect to the Convention, but if it could not, it had to apply the section. That was the case here. No legitimate expectation could arise in favour of the claimant. A decision to prosecute is not ordinarily subject to judicial review save in wholly exceptional circumstances. Thomas LJ said: "In view of the frequency of applications seeking to challenge decisions to prosecute, we wish to make it clear . . that, save in wholly exceptional circumstances, applications in respect of pending prosecutions that seek to challenge the decision to prosecute should not be made to this court. The proper course to follow, as should have been followed in this case, is to take the point in accordance with the procedures of the Criminal Courts. In the Crown Court that would ordinarily be by way of defence in the Crown Court and if necessary on appeal to the Court of Appeal Criminal Division. The circumstances in which a challenge is made to the bringing of a prosecution should be very rare indeed as the speeches in Kebilene make clear." Immigration and Asylum Act 1999 31 - Convention and Protocol Status of Refugees 31 - Forgery and Counterfeiting Act 1981 1 Cites 1 Citers [ Bailii ] Â Theresa Croly v Her Majesty's Advocate 11 May 2004 HCJ Lord Cameron Of Lochbroom And Lady Cosgrove And Lord Justice General Scotland, Crime [ ScotC ] Â Jeremy Patrick Stockton v Procurator Fiscal, Edinburg 14 May 2004 HCJ Lord Maclean And Sheriff Principal C.G.B. Nicholson Scotland, Crime [ ScotC ] Â Stevens v South East Surrey Magistrates Court [2004] EWHC 1456 (Admin) 14 May 2004 Admn Crime Crime and Disorder Act 1998 1 [ Bailii ] Â Stockton v Procurator Fiscal [2004] ScotHC 29 14 May 2004 HCJ Scotland, Crime [ Bailii ] Â Maughan, Regina v [2004] NICA 17 14 May 2004 CANI Crime [ Bailii ] Â K, Regina v [2004] EWCA Crim 1365 17 May 2004 CACD Crime [ Bailii ] Â Regina v Bryce [2004] EWCA Crim 1231; [2004] 2 Cr App R 35 18 May 2004 CACD Mr Justice Astill Lord Justice Potter The Honourable Mr Justice Hooper Crime The defendant said that his involvement in the murder of which he had been convicted had been secondary only. He was alleged to have transported the killer and the gun which he used to commit the murder to a caravan near the victim's home so that the killer could wait for an opportunity to carry out the killing. The appellant's case was that he knew nothing of the gun or the plan to murder the victim. He had simply given the eventual killer a lift. He did not give evidence. At the time of the assistance, the killer, on his own evidence, had had reservations about carrying out the killing, although he had not expressed these reservations to anyone. His resolve to do so was strengthened by a subsequent visit from the person who instigated the crime. The trial judge directed the jury that the appellant would be guilty as an accessory if he deliberately assisted the killer by taking him to the caravan with the gun, knowing that this was in order to assist the killer to kill or cause really serious injury to the victim, or realising that there was a real possibility that he might do so. The fact that the killer had not reached a final decision, in his own mind, whether to go through with the murder was no defence. It was submitted on appeal against conviction that the case should have been withdrawn from the jury in the absence of evidence that, at the time of the assistance, the principal offender had formed the intent to commit the offence. Held: The submission was rejected. All that was necessary in the secondary party was foresight of the real possibility that an offence would be committed by the principal. The prosecution had to prove intentional assistance. They must prove that an act done by the appellant in fact assisted the later commission of the offence, an act which the appellant did deliberately, realising that it was capable of assisting the offence; and that at the time of doing the act, the appellant contemplated the commission of the offence, that is he foresaw it as a "real or substantial" risk or "real possibility". Accessory and Abettors Act 1861 8 1 Cites 1 Citers [ Bailii ] Â Regina v Suratan [2004] EWCA Crim 1246 18 May 2004 CACD Mr Justice Astill Mr Justice Hooper Lord Justice Potter Crime [ Bailii ] Â Weekes, Regina v [2004] EWCA Crim 1623 19 May 2004 CACD Crime [ Bailii ] Â Mckiernan, Regina v [2004] NICA 18 20 May 2004 CANI Northern Ireland, Crime [ Bailii ] Â G v Secretary of State for the Home Department [2004] UKSIAC 2/2002 20 May 2004 SIAC Immigration, Crime [ Bailii ] Â Murphy, Regina v [2004] NICA 19 21 May 2004 CANI Northern Ireland, Crime [ Bailii ] Â James, Regina v [2004] EWCA Crim 1433 21 May 2004 CACD Crime [ Bailii ] Â Hutcheson v Procurator Fiscal [2004] ScotHC 30 21 May 2004 HCJ Scotland, Crime [ Bailii ] Â Brian Hutcheson v Procurator Fiscal, Airdrie 21 May 2004 HCJ Lord Macfadyen And Sheriff Principal C.G.B. Nicholson Scotland, Crime [ ScotC ] Â Brown and Another, Regina v [2004] EWCA Crim 1620 21 May 2004 CACD Crime [ Bailii ] Â Gribben, Regina v [2004] NICC 7 24 May 2004 CCNI Northern Ireland, Crime [ Bailii ] Â Larmour, Regina v [2004] NICC 4 24 May 2004 CCNI Northern Ireland, Crime [ Bailii ] Â Director of Public Prosecutions v M (A Minor) [2004] EWHC 1453 (Admin); Times, 23 July 2004; [2004] 1 WLR 2758 25 May 2004 Admn Auld LJ, Richards J Crime There was an argument over payment for food with the Turkish chef of a takeaway kebab shop during the course of which the defendant used the words "bloody foreigners" and pushed the shop window causing it to crack. The justices doubted whether the word "foreigners" constituted a racial group but, more significantly for this case, found that the actions were the result of annoyance following the dispute over payment so that there was no case to answer in relation to racially aggravated criminal damage because hostility based on race had not been demonstrated. The prosecutor appealed by way of case stated. Held: The appeal succeeded. The 1988 Act defined racial group as 'a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic ornational origins.' That definition was satisfied in a non-inclusive as well as an inclusive sense. The magistrates had erred in deciding there were two possible and separate motives for the offence. They should have been looked at cumulatively. "as a matter of construction in the context of the case the word "foreigners" was capable of describing a "racial group" defined by reference to nationality and/or national origins within the meaning of section 28(4) of the 1998 Act." and in the context of racial hostility directed by someone in this country to someone whose, or whose family's, origin is not in this country, it is inescapable that the word "foreigner" may, depending on the context, qualify as demonstration within section 28(1)(a) of a "group of persons defined by reference to race ... or national origins" within the definition in section 28(4), a minority, albeit now a substantial minority, in national terms in the population of this country." (Auld LJ) Crime and Disorder Act 1998 28(1)(a) 1 Citers [ Bailii ] Â Brouillard v Her Majesty's Advocate [2004] ScotHC 31 25 May 2004 HCJ Scotland, Crime [ Bailii ] Â Keogh, Regina v [2004] EWCA Crim 1406 25 May 2004 CACD Crime [ Bailii ] Â James Brouillard v Her Majesty's Advocate 25 May 2004 HCJ Lord Justice General And Lord Hamilton And Lord Maclean Scotland, Crime [ ScotC ] Â E v R. [2004] EWCA Crim 1313 27 May 2004 CACD Crime [ Bailii ] Â Richard John O'Connor v Regina [2004] EWCA Crim 1295 27 May 2004 CACD Lord Justice Auld Sir Edwin Jowitt Mr Justice Elias Crime [ Bailii ] Â Greenwood, Regina v [2005] 1 Cr App R 99; [2004] EWCA Crim 1388; [2005] 1 Cr App R 99 28 May 2004 CACD Waller LJ, Davis, David Clarke JJ Crime Appeal from conviction for murder [ Bailii ] Â James Rankin v Procurator Fiscal, Ayr 1 Jun 2004 HCJ Lord Abernethy And Lord Hamilton And Lord Philip Scotland, Crime [ ScotC ] Â Rankin v Procurator Fiscal [2004] ScotHC 32 1 Jun 2004 HCJ Scotland, Crime [ Bailii ] Â Matthew v Procurator Fiscal [2004] ScotHC 33 2 Jun 2004 HCJ Scotland, Crime [ Bailii ] Â Mitchell v Procurator Fiscal [2004] ScotHC 34 3 Jun 2004 HCJ Scotland, Crime [ Bailii ] Â Robert Lyness Wilson v Procurator Fiscal, Livingston 8 Jun 2004 HCJ Lord Kirkwood And Lord Wheatley And Sheriff Principal C.G.B. Nicholson Scotland, Crime [ ScotC ] Â Wilson v Procurator Fiscal [2004] ScotHC 35 8 Jun 2004 HCJ Scotland, Crime [ Bailii ] Â RB v Her Majesty's Advocate [2004] ScotHC 37 9 Jun 2004 HCJ Scotland, Crime [ Bailii ] Â Martin, Regina v [2004] EWCA Crim 1795 9 Jun 2004 CACD Crime [ Bailii ] Â R.B. v Her Majesty's Advocate 9 Jun 2004 HCJ Lord Abernethy And Lord Hamilton And Lord Philip Scotland, Crime [ ScotC ] Â B, R v [2004] EWCA Crim 1642 11 Jun 2004 CACD Crime [ Bailii ] Â Bacchus, Regina v [2004] EWCA Crim 1756 11 Jun 2004 CACD Crime [ Bailii ] Â Regina v Collier Times, 13 July 2004 11 Jun 2004 CACD Hoopper, LJ, Keith, Andrew Patience QC JJ Crime The defendant appealed a conviction of possession of indecent pseudo-photographs of children. He said that he had not seen the image, and that though he had reason to know the images were indecent, he had no reason to know that they were of children. Held: The defence in section 160(2)(b) succeeded if the defendant had not seen the pseudo-photograph and did not have reason to think it represented a child. Criminal Justice Act 1988 160(1) - Criminal Justice and Court Services Act 2000 41(3) - Criminal Justice and Public Order Act 1984 84(4)(a) 84(4)(b) 86(1) 168(3) 1 Cites Â London Borough of Haringey v Michniewicz Times, 08 July 2004; [2004] EWHC 1728 (Admin) 14 Jun 2004 Admn Rose LJ, Holland J Crime, Licensing The defendant was accused of unlicensed street trading. He had placed a car on the street with a sign to say that it was for sale. Held: The offering of just one vehicle was sufficient to constitute the offence. London Local Authorities Act 1990 38 1 Citers [ Bailii ] Â Evans, Regina v [2004] EWCA Crim 1441 15 Jun 2004 CACD Hooper LJ, Bell , Keith JJ Crime [ Bailii ] Â Bain v Her Majesty's Advocate [2004] ScotHC 38 15 Jun 2004 HCJ Scotland, Crime [ Bailii ] Â Yoonus, R v [2004] EWCA Crim 1734 16 Jun 2004 CACD Crime [ Bailii ] Â Â Holland v Her Majesty's Advocate; IHCS 16-Jun-2004 - [2004] ScotHC 39 Â William Frederick Ian Beggs for Judicial Review of A Decision To Transfer the Petitioner From Hm Prison Edinburgh To Peterhead [2004] ScotCS 145 18 Jun 2004 IHCS Lord Drummond Young Scotland, Crime 1 Citers [ Bailii ] - [ ScotC ] Â Kelly v Her Majesty's Advocate, [2004] ScotHC 43 22 Jun 2004 HCJ Scotland, Crime [ Bailii ] Â Beaton v Her Majesty's Advocate [2004] ScotHC 40 23 Jun 2004 HCJ Scotland, Crime [ Bailii ] Â Alisdair Mackay v Her Majesty's Advocate 23 Jun 2004 HCJ Lord Justice General And Lord Macfadyen And Lady Cosgrove Scotland, Crime [ ScotC ] Â Mackay v Her Majesty's Advocate [2004] ScotHC 41 23 Jun 2004 HCJ Scotland, Crime [ Bailii ] Â Kassar, Regina v [2004] EWCA Crim 1812 23 Jun 2004 CACD Crime [ Bailii ] Â Wright, Regina v [2004] EWCA Crim 2043 24 Jun 2004 CACD Crime [ Bailii ] Â Gonshaw v Procurator Fiscal [2004] ScotHC 42 25 Jun 2004 HCJ Scotland, Crime [ Bailii ] Â Branchflower, Regina v [2004] EWCA Crim 2042 25 Jun 2004 CACD Crime [ Bailii ] Â Atlan, R v [2004] EWCA Crim 1798 28 Jun 2004 CACD Crime [ Bailii ] Â Hugh Colin Godfrey Stanley King v Procurator Fiscal Paisley 29 Jun 2004 HCJ Lord Hamilton And Lord Maclean And Sheriff Principal C.G.B. Nicholson Scotland, Crime [ ScotC ] Â King v Procurator Fiscal [2004] ScotHC 44 29 Jun 2004 HCJ Scotland, Crime [ Bailii ] Â Richardson, Regina v [2004] EWCA Crim 1784 29 Jun 2004 CACD Crime [ Bailii ] Â Regina v Z [2004] NICA 23 30 Jun 2004 CANI Kerr LCJ, Nicholson and Campbell LJJ Northern Ireland, Crime Terrorism Act 2000 3 1 Citers [ Bailii ] Â Murray and Another v Her Majesty's Advocate [2004] ScotHC 45 30 Jun 2004 HCJ Scotland, Crime [ Bailii ] Â Alvin Lee Sinclair v Her Majesty's Advocate [2004] ScotHC 46; 2004 SLT 794 1 Jul 2004 IHCS Lord Justice General And Lord Hamilton And Lord Cameron Of Lochbroom Scotland, Scotland, Crime 1 Citers [ ScotC ] - [ Bailii ] Â Samra,Regina v [2004] EWCA Crim 1797 1 Jul 2004 CACD Crime [ Bailii ] Â G v Secretary of State for the Home Department [2004] UKSIAC 2/2002 - 2 2 Jul 2004 SIAC Immigration, Crime [ Bailii ] Â C v Secretary of State for the Home Department [2004] UKSIAC 7/2002 2 Jul 2004 SIAC Immigration, crime [ Bailii ] Â P v Secretary of State for the Home Department [2004] UKSIAC 20/2003 2 Jul 2004 SIAC Immigration, Crime [ Bailii ] Â E v Secretary of State for the Home Department [2004] UKSIAC 4/2002 2 Jul 2004 SIAC Immigration, Crime [ Bailii ] Â D v Secretary of State for the Home Department [2004] UKSIAC 6/2004 2 Jul 2004 SIAC Immigration, Crime [ Bailii ] Â H v Secretary of State for the Home Department [2004] UKSIAC 12/2002 2 Jul 2004 SIAC Immigration, Crime [ Bailii ] Â A v Secretary of State for the Home Department [2004] UKSIAC 1/2002 2 Jul 2004 SIAC Immigration, Crime [ Bailii ] Â B v Secretary of State for the Home Department [2004] UKSIAC 9/2002 2 Jul 2004 SIAC Immigration, Crime [ Bailii ] Â A and others v Secretary of State for the Home Department [2004] UKSIAC 1/2001 2 Jul 2004 SIAC Immigration, Crime [ Bailii ] Â Ar v Secretary of State for the Home Department [2004] UKSIAC 3/2002 2 Jul 2004 SIAC Immigration, Crime [ Bailii ] Â Regina v Smith [2004] EWCA Crim 2187 5 Jul 2004 CACD Crime [ Bailii ] Â Director of Public Prosecutions v Green Times, 06 May 2004 7 Jul 2004 QBD Maurice Kay LJ, Rafferty J Crime A defendant could be convicted of a racially aggravated offence when he used racially abusive language towards another of his own ethnicity when committing the underlying offence. The prosecutor's appeal was allowed. Public Order Act 1996 5 - Crime and Disorder Act 1998 28 Â Scott, Regina v [2004] EWCA Crim 1835 7 Jul 2004 CACD Crime [ Bailii ] Â Reynolds, Regina v [2004] EWCA Crim 1834 8 Jul 2004 CACD Crime [ Bailii ] Â Mcadam v Procurator Fiscal [2004] ScotHC 36 8 Jul 2004 HCJ Scotland, Crime [ Bailii ] Â Gault, Regina v [2004] NICA 25 9 Jul 2004 CANI Northern Ireland, Crime [ Bailii ] Â Holliday and Another, Regina v [2004] EWCA Crim 1847 9 Jul 2004 CACD Crime [ Bailii ] Â Bailey, Regina v [2004] EWCA Crim 2530 9 Jul 2004 CACD Crime [ Bailii ] Â K v Secretary of State for the Home Department [2004] UKSIAC 27/2003 12 Jul 2004 SIAC Immigration, Crime [ Bailii ] Â Regina on the Application Of Her Majesty's Commissioners of Customs and Excise v Nottingham Magistrates' Court, Timothy Theobald [2004] EWHC 1922 (Admin) 14 Jul 2004 QBD Lord Justice Kennedy Mr Justice Treacy Crime, VAT Stay of prosecution for abuse of process [ Bailii ] Â Express Ltd v The Environment Agency [2004] EWHC 1710 (Admin); Times, 10 August 2004 15 Jul 2004 QBD Lord Justice Kennedy Mr Justice Treacy Crime, Environment The dairy appealed its conviction for allowing cream to enter a brook from the land of its customer. Held: Polluting matter did not need to be itself noxious or poisonous, it was enough that it stained or tinted the water as did cream. Though the land did not belong to the defendant, it was enough that the defendant's customer permitted an escape as a result of a failure by the defendant. The landowner was under an obligation to carry out a risk assessment and respond to it. Water Resources Act 1991 85(1) 85(6) 271 1 Cites [ Bailii ] Â Port, Regina v [2004] EWCA Crim 2178 21 Jul 2004 CACD Crime [ Bailii ] Â Doyle, Regina v [2005] Crim 2714 21 Jul 2004 CACD Crime [ Bailii ] Â Rogerson, Regina v [2004] EWCA Crim 2099 22 Jul 2004 CACD Crime [ Bailii ] Â Longworth, Regina v [2004] EWCA Crim 2145 23 Jul 2004 CACD Crime [ Bailii ] Â Attorney General Reference Nos 57 and 58 of 2004 [2004] EWCA Crim 2098 26 Jul 2004 CACD Crime [ Bailii ] Â M (A Child), Regina (on the Application of) v Sheffield Magistrates' Court and Another [2004] EWHC 1830 (Admin); Times, 30 August 2004 27 Jul 2004 Admn Local Government, Children, Crime The local authority applied for and obtained an anti-social behaviour order (ASBO) in respect of a child in their care. The boy sought judicial review. Held: There was a real potential conflict of interest on the part of the authority. On the one hand it had a duty to promote his welfare, and on the other it was the relevant authority to make an application under the 1998 Act. The position was not easily resolved. The authority could do its best to make sure that the child had independent protection of his interests by the obtaining of appropriate written reports. Crime and Disorder Act 1998 1 - Children Act 1989 22(4) [ Bailii ] Â Omar, Regina v [2004] EWCA Crim 2320 27 Jul 2004 CACD Crime [ Bailii ] Â S v Secretary of State for the Home Department [2004] UKSIAC 25/2003 27 Jul 2004 SIAC Immigration, Crime [ Bailii ] Â I v Secretary of State for the Home Department [2004] UKSIAC 13/2003 27 Jul 2004 SIAC Immigration, Crime [ Bailii ] Â Alexander and Another, Regina v [2004] EWCA Crim 2341 28 Jul 2004 CACD Crime [ Bailii ] Â Healy, Regina v [2004] EWCA Crim 2208 29 Jul 2004 CACD Crime [ Bailii ] Â Underwood and Others, Regina v [2004] EWCA Crim 2256 30 Jul 2004 CACD Crime [ Bailii ] Â McNeish v Advocate General [2004] ScotCS 190 30 Jul 2004 ScS Crime [ Bailii ] Â Deans, Regina v [2004] EWCA Crim 2123 30 Jul 2004 CACD Lord Justice Maurice Kay, Mr Justice Simon And Sir Charles Mantell Crime In 1989 the defendant was convicted of assorted serious drugs crimes. His case came before the court once more but on the basis that the evidence against him had been fabricated by police officers who had subsequently been discredited. Held: The evidence was not sufficiently contemporaneous to put doubt on the officers' evidence and the appeal was dismissed. 1 Cites [ Bailii ] Â Miller and Another v Procurator Fiscal [2004] ScotHC 49 3 Aug 2004 HCJ Crime [ Bailii ] Â Olumegbon, Regina v [2004] EWCA Crim 2337 3 Aug 2004 CACD Crime [ Bailii ] Â Campbell, Regina v [2004] EWCA Crim 2333 5 Aug 2004 CACD Crime [ Bailii ] Â Gallagher, Regina v [2004] EWCA Crim 2334 5 Aug 2004 CACD Crime [ Bailii ] Â Vaughan v Procurator Fiscal [2004] ScotHC 50 6 Aug 2004 HCJ Scotland, Crime [ Bailii ] Â Reference By the Scottish Criminal Cases Review Commission In the Case of Brian Kelly 6 Aug 2004 HCJ Lord Justice General Scotland, Crime [ ScotC ] Â Kelly, Re Reference By Scottish Criminal Cases Review Commission [2004] ScotHC 47 6 Aug 2004 HCJ Scotland, Crime [ Bailii ] Â Her Majesty's Advocate v Robert Campbell John Wallace Joseph Wright Kevin Michael Connolly Patricia Slaven Kirsty Campbell [2004] ScotHC 48 9 Aug 2004 HCJ Lord Hardie Scotland, Crime [ ScotC ] - [ Bailii ] Â Wakefield and Another, R v [2004] EWCA Crim 2278 11 Aug 2004 CACD Crime [ Bailii ] Â Lowrie, Regina v [2004] EWCA Crim 2325 12 Aug 2004 CACD Crime [ Bailii ] Â Pike-Williams, Regina v [2004] EWCA Crim 2400 18 Aug 2004 CACD Crime [ Bailii ] Â Her Majesty's Advocate v Thomas Macdonald Macpherson 19 Aug 2004 HCJ Lord Justice General And Lord Maclean And Lord Osborne Scotland, Crime [ ScotC ] Â Her Majesty's Advocate v Macpherson [2004] ScotHC 51 19 Aug 2004 HCJ Scotland, Crime [ Bailii ] Â The Lord Advocate v Paul Francis Murray 20 Aug 2004 HCJ Lord Justice General And Lord Maclean And Lord Osborne Scotland, Crime [ ScotC ] Â Allan v The Queen [2004] EWCA Crim 2236 20 Aug 2004 CACD Crime Appeal from conviction of conspiracy to rob and murder - alleged misdirection as to inferences to be drawn from his silence. [ Bailii ] Â the Lord Advocate v Murray [2004] ScotHC 52 20 Aug 2004 HCJ Scotland, Crime [ Bailii ] Â Holmes v Governor of Brixton Prison and Another [2004] EWHC 2020 (Admin); Times, 28 October 2004 20 Aug 2004 Admn Mr Justice Henriques and Mr Justice Stanley Burntonzz Extradition, Crime The applicant sought his release from imprisonment where he awaited extradition to Germany. He was suspected of an offence of deception. He said there was insufficient evidence that the offence alleged would be an offence here. The alleged offence involved having misused the passwords of others, which was the deception of a machine. Held: Davies v Flackett was not authority to say that a machine could not be deceived and an unauthorised access offence might have been charged in any event under the 1990 Act. Human beings were also deceived in this case, not just a machine. However 'credited' under the 1968 Act required an unconditional adjustment to the banker's balance, and a correspondening debit of which there was no evidence here. However the credit became unconditional, and judicial note was taken that banks do not credit one account without another being debited. The charge of obtaining a money transfer by deception was made out. Theft was also made out. Extradition Act 1989 9(8)(a) - Theft Act 1968 15A 15B - Computer Misuse Act 1990 2 1 Cites [ Bailii ] Â Gilchrist and Another v Her Majesty's Advocate [2004] ScotHC 53 24 Aug 2004 HCJ Lord Justice General And Lord Osborne And Lord Macfadyen Crime, Human Rights The defendants were to stand trial for drugs offences, but raised a devoltion issue as to the use of police surveillance products gathered under the 2000 Act. They said that the authorisation to carry out the surveillance had been granted on insufficient detail as required under the 2000 Act, infringing their right to a fair trial. Held: The submission was rejected. Lord Macfadyen said: "What took place in Albion Street at the relevant time was that a plastic bag was handed by the first appellant to the second appellant. That was done in a public place. The event was there to be observed by anyone who happened to be in the vicinity, whatever the reason for their presence might be. It was in fact observed by police officers. They had reason to suspect that criminal activity was taking place. They therefore detained the appellants. On further investigation it was found that the bag contained controlled drugs. That sequence of events did not involve the obtaining of private information about the second appellant, in the sense mentioned in section 1(9) or in any broader sense. Nor did it involve any lack of respect for the second appellant's private life. What was done did not, in our opinion, amount to an infringement of the second appellant's rights under article 8." Misuse of Drugs Act 1971 4(3)(b) - Regulation of Investigatory Powers (Scotland) Act 2000 - European Convention on Human Rights 8 1 Citers [ Bailii ] Â Singh v Her Majesty's Advocate [2004] ScotHC 54 25 Aug 2004 HCJ Scotland, Crime [ Bailii ] Â Harpal Singh v Her Majesty's Advocate 25 Aug 2004 HCJ Lord Justice General And Lord Macfadyen And Lord Osborne Scotland, Crime [ ScotC ] Â Priestley v Regina [2004] EWCA Crim 2237 26 Aug 2004 CACD Crime Trade Marks Act 1994 [ Bailii ] Â Chakal v Procurator Fiscal [2004] ScotHC 55 27 Aug 2004 HCJ Scotland, Crime [ Bailii ] Â Mackie v Procurator Fiscal [2004] ScotHC 56 2 Sep 2004 HCJ Scotland, Crime [ Bailii ] Â Â Transco Plc v Her Majesty's Advocates; HCJ 16-Sep-2004 - [2004] ScotHC 57; [2004] ScotHC 68 Â Her Majesty's Advocate v J.T. [2004] ScotHC 58 24 Sep 2004 HCJ Scotland, Crime [ Bailii ] Â Gordon v Her Majesty's Advocate [2004] ScotHC 59 29 Sep 2004 HCJ Scotland, Crime [ Bailii ] Â Graham Gordon v Her Majesty's Advocate 29 Sep 2004 HCJ Lord Justice General And Lord Penrose And Lord Hamilton Scotland, Crime [ ScotC ] Â S v Customs and Excise [2004] EWCA Crim 2374 1 Oct 2004 CACD Crime [ Bailii ] Â Williams, Regina v [2004] EWCA Crim 2570 5 Oct 2004 CACD Rose VP CACD, Richards, Bean JJ Crime Appeal from conviction of inflicting grievous bodily harm. [ Bailii ] Â Cox and Another, Regina v [2004] EWCA Crim 2467 6 Oct 2004 CACD Crime [ Bailii ] Â Bonner v Director of Public Prosecutions [2004] EWHC 2415 (Admin) 7 Oct 2004 Admn Crime Police Act 1996 89(1) [ Bailii ] Â Mohisin Khan v Royal Air Force Summary Appeal Court [2004] EWHC 2230 (Admin); Times, 28 October 2004 7 Oct 2004 Admn Mr Justice Forbes Lord Justice Rix Armed Forces, Crime, Human Rights The defendant claimed that he had gone absent without leave from the RAF as a conscientous objector. Held: The defendant had not demonstrated by complaint to the RAF that he did object to service in Iraq. In some circumstances where there was no procedure to make his objection known, the failure to do so might be taken account of, but here such a procedure did exist. For article 9, ""law" (i) must have the status of law, (ii) must be adequately accessible, (iii) must be of sufficient precision to be foreseeable, and (iv) must be compatible with the rule of law. " Although the appellant's recall papers did not expressly refer to conscientious objection as a ground for claiming exemption, it did sufficiently identify a relevant ground, namely "any other grounds…for compassionate reasons". Nevertheless there was no relevant manifestation of conscientious objection and no interference with any such manifestation by reason of the appellant's recall, arrest, prosecution or conviction. European Convention on Human Rights 9.1 - Air Force Act 1955 - The Reserve Forces (Call Out and Recall) (Exemption Etc) Regulations 1997 (SI 1997 No 307) 1 Cites [ Bailii ] Â Â Regina v Misra; Regina v Srivastava; CACD 8-Oct-2004 - Times, 13 October 2004; [2004] EWCA Crim 2375; [2005] 1 Cr App R 328 Â Hastings Borough Council, Regina (on the Application Of) v Jones [2004] EWHC 2414 (Admin) 11 Oct 2004 Admn Benefits, Crime Social Security Administration Act 1992 112(1) [ Bailii ] Â M.M. v Her Majesty Advocate [2004] ScotHC 60 11 Oct 2004 HCJ Scotland, Crime [ Bailii ] Â M.M. v Her Majesty Advocate 11 Oct 2004 HCJ Lord Justice Clerk And Lord Johnston And Lord Osborne Scotland, Crime [ ScotC ] Â Gonshaw v Procurator Fiscal Lochmaddy 12 Oct 2004 HCJ Lord Justice General And Lord Macfadyen And Lord Osborne Scotland, Crime [ ScotC ] Â Gonshaw v Procurator Fiscal [2004] ScotHC 61 12 Oct 2004 HCJ Scotland, Crime [ Bailii ] Â Friend, Regina v [2004] EWCA Crim 2661 12 Oct 2004 CACD Crime [ Bailii ] Â John (Aka John Dennis) Lomey (Aka Andrews), R v [2004] EWCA Crim 3014 12 Oct 2004 CACD Crime [ Bailii ] Â Parkinson, Regina v [2004] EWCA Crim 2757 13 Oct 2004 CACD Crime [ Bailii ] Â Sirmed Hussain and Others, Regina v [2004] EWCA Crim 2725 13 Oct 2004 CACD Crime [ Bailii ] Â Castle, Regina v [2004] EWCA Crim 2758 13 Oct 2004 CACD Crime [ Bailii ] Â Rix, Regina v [2005] Crim 2615 14 Oct 2004 CACD Crime [ Bailii ] Â Edwards, Regina v [2005] Crim 2613 14 Oct 2004 CACD Crime [ Bailii ] Â Flynn and others v Her Majesty's Advocate [2004] ScotHC 62 14 Oct 2004 HCJ Scotland, Crime [ Bailii ] Â Sheldrake v Director of Public Prosecutions; Attorney General's Reference No 4 of 2002 [2004] UKHL 43; [2005] 1 AC 264; Times, 14 October 2004; [2005] 1 All ER 237; [2004] 3 WLR 976; [2005] RTR 13; (2004) 168 JP 669; (2004) 17 BHRC 339; [2004] All ER (D) 169 14 Oct 2004 HL Lord Bingham of Cornhill, Lord Steyn, Lord Phillips of Worth Matravers, Lord Rodger of Earlsferry, Lord Carswell Criminal Practice, Crime, Human Rights Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: "The overriding concern is that a trial should be fair, and the presumption of innocence is a fundamental right directed to that end. The Convention does not outlaw presumptions of fact or law but requires that these should be kept within reasonable limits and should not be arbitrary. It is open to states to define the constituent elements of a criminal offence, excluding the requirement of mens rea. But the substance and effect of any presumption adverse to a defendant must be examined, and must be reasonable." The justifiability and fairness of such defences have to be judged in the particular context of each case. The defendant being found drunk in charge a car, he appealed a finding which relied upon his failure to prove his own intention not to drive. The burden of proof provision in section 5(2) of the Road Traffic Act 1988 imposes a legal burden on an accused who is charged with an offence contrary to section 5(1)(b) of that Act. The second defendant faced charges under the Terrorism Act 2000, of being a member of a proscribed organisation. The A G appealed his acquittal in the Court of Appeal. 'Section 11(1), considered on its own, is a provision of extraordinary breadth. It would cover a person who joined an organisation when it was not a terrorist organisation or when, if it was, he did not know that it was. It would cover a person who joined an organisation when it was not proscribed or, if it was, he did not know that it was. It would cover a person who joined such an organisation as an immature juvenile. It would cover someone who joined such an organisation abroad in a country where it was not prosribed and came to this country ignorant that it was proscribed here' Section 11(2) should be read down to impose only an evidential burden on a defendant. Road Traffic Act 1988 5(2) - Terrorism Act 2000 11(2) - European Convention on Human Rights 6.2 - Human Rights Act 1998 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â Patrascu v Regina [2004] EWCA Crim 2417 14 Oct 2004 CACD Crime [ Bailii ] Â Regina v J [2004] UKHL 42; (2005) 1 AC 562; [2004] 3 WLR 1019; [2005] 1 Cr App R 19; [2005] 1 All ER 1 14 Oct 2004 HL Lord Bingham of Cornhill, Lord Steyn, Lord Clyde, Lord Rodger of Earlsferry, Baroness Hale of Richmond Crime The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same facts. He appealed against his conviction, saying this was an abuse of process. Held: The substance of the complaint was that, Parliament having stated that this particular offence should not be prosecuted after one year, the prosecution had done just that. Even though the Act might be anomolous, the courts were obliged to give it effect. A simple assumed freedom to prosecute would render the words of the Act ineffective. The prosecution was an abuse. Any such offence would necessarily also include other acts of indecent assault which could have been charged. (Baroness Hale Dissenting) Lord Rodger of Earlsferry said: "The notion of a fraud upon an Act, acting in fraudem legis, is ancient. Although the outer limits of the doctrine remain notoriously difficult to define, this case at least falls squarely within its scope." Sexual Offences Act 1956 1 Cites 1 Citers [ House of Lords ] - [ Bailii ] Â A, Regina (on the Application Of) v Director of Public Prosecutions [2004] EWHC 2454 (Admin) 14 Oct 2004 Admn Crime Protection from Harassment Act 1997 4 [ Bailii ] Â Flynn, Mitchell Meek John Gary Nicol Peter Mcmurray v Her Majesty's Advocate 14 Oct 2004 HCJ Lord Justice Clerk And Lord Maclean And Lord Penrose And Lord Osborne And Lord Macfadyen Scotland, Crime [ ScotC ] Â Igbebion, Regina v [2004] EWCA Crim 2724 18 Oct 2004 CACD Crime [ Bailii ] Â Director of Public Prosecutions v Patterson [2004] EWHC 2744 (Admin) 19 Oct 2004 Admn Crime Prosecutor's appeal against dismissal of charge for possession of offensive weapon. The defendant had a butterfly knife with him when arrested. the respondent went with his father to a shopping precinct at 3 o'clock on the day concerned and that he intended to leave a butterfly knife that he had with him at the shop where his father worked. Held: The Magistrates were entitled to take the view that, on the facts of this case, there was a reasonable excuse. Prevention of Crime Act 1953 1 1 Cites [ Bailii ] Â Johnston, Regina v [2004] EWCA Crim 2806 21 Oct 2004 CACD Crime [ Bailii ] Â Â Holloway v Director of Public Prosecutions; Admn 21-Oct-2004 - [2004] EWHC 2621 (Admin) Â Ramawat Dosoruth v The State of Mauritius The Director of Public Prosecutions [2004] UKPC 51 21 Oct 2004 PC Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Brown of Eaton-under-Heywood, Sir Andrew Leggatt Crime, Constitutional PC (Mauritius) The defendant challenged his conviction for having taken a bribe saying there had been an injustice, and seeking protection directly under the constitution. The evidence against him was that a transaction had been carried out at a bank on a certain day. Only after the trial was it realised that that day was a Saturday, and that it could not have happened. He had not been allowed to raise this point on appeal. Held: The court had been correct to take judicial note of a bank not being open on a Saturday afteroon. Whilst the court might be more ready to apply a broader test for admission of new evidence on an appeal, not all such evidence should be admitted. The powers of the appellate court in Mauritius were not limited to the provision of a re-hearing, but could include other actions as provided by the constitution. The petition was dismissed. 1 Cites [ PC ] - [ Bailii ] Â Allison v Procurator Fiscal [2004] ScotHC 63 21 Oct 2004 HCJ Scotland, Crime [ Bailii ] Â Aslam, Regina v [2004] EWCA Crim 2801 22 Oct 2004 CACD Crime 1 Cites [ Bailii ] Â Ryan, R v [2004] NICC 21 22 Oct 2004 CCNI Northern Ireland, Crime [ Bailii ] Â Hayes, R v [2004] EWCA Crim 2844 22 Oct 2004 CACD Crime [ Bailii ] Â J A v Her Majesty's Advocate 22 Oct 2004 HCJ Lord Hamilton And Lord Mackay Of Drumadoon Scotland, Crime [ ScotC ] Â Ja v Her Majesty's Advocate [2004] ScotHC 64 22 Oct 2004 HCJ Scotland, Crime [ Bailii ] Â Buckley, Regina (on the Application of) v Director of Public Prosecutions [2004] EWHC 2533 (Admin) 22 Oct 2004 Admn Crime Appeal against conviction for common assault. The defendant argued his actions had been in defence of his girlfriend who had been surrounded in the street by an aggressive group of drunken young women. The magistrates had found his reaction to be more than reasonable. Held: The magistrates having properly directed themselves according to Palmer, and having heard th eevidence were entitled to make the assessment they had. Criminal Justice Act 1988 39 1 Cites [ Bailii ] Â Docking and Others, Regina v [2004] EWCA Crim 2675 25 Oct 2004 CACD Crime [ Bailii ] Â NH, Regina v [2004] EWCA Crim 2674 25 Oct 2004 CACD Crime [ Bailii ] Â Barber v Crown Prosecution Service [2004] EWHC 2605 (Admin) 25 Oct 2004 Admn Forbes J Magistrates, Crime The defendant appealed by case stated against his conviction for harassment. He was said to have played loud music late at night in contravention of a restraining order. He said that the prosecution had failed to prove the existence of the order. The magistrates argued that since that court had made the order, no certified copy was to be required. Held: The defendant's own admissions in interview amounted to admission of the existence of the order. Though the order had to be proved there was more than one way in which it could be proved. Such evidence had been provided. The offence of being in breach of a restraining order under the Act is one of strict liability. Protection from Harassment Act 1997 - Magistrates' Courts Rules 1981 [ Bailii ] Â Minshull, Regina v [2004] EWCA Crim 2673 25 Oct 2004 CACD Crime [ Bailii ] Â William Bryson v Procurator Fiscal, Kilmarnock 26 Oct 2004 HCJ Lord Penrose And Lord Mackay Of Drumadoon Scotland, Crime [ ScotC ] Â Watson v Procurator Fiscal [2004] ScotHC 65 26 Oct 2004 HCJ Scotland, Crime [ Bailii ] Â Rosalind Watson v Procurator Fiscal, Perth 26 Oct 2004 HCJ Lord Philip And Lord Marnoch And Sheriff Principal C.G.B. Nicholson Scotland, Crime [ ScotC ] Â Mouldon, Regina v [2004] EWCA Crim 2715 27 Oct 2004 CACD Crime [ Bailii ] Â Grant, Regina v [2004] EWCA Crim 2910 27 Oct 2004 CACD Crime Appeal against conviction or murder - alleged wringful admission of evidence after defendant giving evidence against co-accused. Criminal Evidence Act 1898 [ Bailii ] Â Dacre Son and Hartley Ltd v North Yorkshire Trading Standards [2004] EWHC 2783 (Admin) 27 Oct 2004 Admn Thomas LJ, Fulford J Agency, Crime The defendants appealed a conviction under the Act complaining of the adequacy of the evidence presented. A buyer had found dampness in a property. It was later remarketed by the defendant who asked if it suffered dampness. She was told it did not. Held: ". . . the informations each described the specific offence charged in ordinary language and gave sufficient particulars so that the appellant was provided with reasonable understanding of the nature and detail of the charges. " and "if a defendant genuinely considers that lack of particularity in the information (as opposed, for instance, to a defect inherently fatal to the charge) has created the potential for unfairness e.g. because of uncertainty as to the case the defendant has to meet -- this should usually be raised in advance of the trial, so that the court can consider the position. Deliberately deferring the issue until midway through the trial will usually make it materially more difficult for the defendant to complain that the trial is unfair. " Property Misdescriptions Act 1991 1 - Magistrates' Courts (Advance Information) Rules 1985 4(1)(a) - Property Misdescriptions (Specified Matters) Order 1992 - Magistrates' Court Rules 1981 100 1 Cites [ Bailii ] Â Antar, Regina v [2004] EWCA Crim 2708 28 Oct 2004 CACD Crime [ Bailii ] Â Mullings and Another, Regina v [2004] EWCA Crim 2824 28 Oct 2004 CACD Crime [ Bailii ] Â Stevens Raymond Christian and six others v The Queen [2004] UKPC 52 28 Oct 2004 PC Lord Hope of Craighead, Lord Rodger of Earlsferry, Baroness Hale of Richmond Commonwealth, Crime PC (The Pitcairn Islands) The defendants sought leave to challenge proceedings brought against them alleging sexual offences against children. They said that the proceedings were unlawful because the statutes had not been promulgated on the Pitcairn Islands, and sought a stay pending resolution of those issues. Held: the balance of convenience lay in not staying the proceedings. The issues could properly be decided on appeal against conviction if necessary. [ Bailii ] - [ PC ] Â Â Davies v Regina; CACD 29-Oct-2004 - [2004] EWCA Crim 2521 Â Morris, Regina v [2004] EWCA Crim 2907 2 Nov 2004 CACD Crime [ Bailii ] Â Director of Public Prosecutions v Baker [2004] EWHC 2782 (Admin) 2 Nov 2004 Admn Crime, Magistrates Protection from Harassment Act 1997 2(1) 2(2) - Magistrates' Court Act 1980 127 [ Bailii ] Â K, G and M, Regina v [2004] EWCA Crim 2685 2 Nov 2004 CACD Crime [ Bailii ] Â Regina v Sakavickas and Another [2004] EWCA Crim 2686; Times, 18 November 2004; [2005] 1 WLR 857 3 Nov 2004 CACD Lord Justice Kennedy Mr Justice Morison And Mr Justice Elias Crime The defendants appealed a conviction for conspiracy to assist another to retain the benefit of criminal conduct. One set of defendants illegally imported cigarettes, and S was accused of operating a bank account to assist in the moving of the proceeds. He said he was not aware of the criminal source of the funds. Held: It was sufficient to show that the defendant suspected the other party of criminal activity. For s93A, the existence of such a suspicion was one of the elements to be proved. It was the suspicion of criminal involvement which had to be shown, not the fact of such involvement. S1(2) of the 1977 Act did not apply to an offence contrary to section 93A . The fact or circumstance necessary for the commission of the offence was the suspicion of the defendant. Establishing suspicion also established knowledge of that suspicion. The defendant must inevitably have knowledge of his own state of mind: Criminal Justice Act 1988 93A - Criminal Law Act 1977 1(2) 1 Citers [ Bailii ] Â Adaway, R v [2004] EWCA Crim 2831 3 Nov 2004 CACD Crime [ Bailii ] Â Christopher Dudley v Her Majesty's Advocate 3 Nov 2004 HCJ Lord Justice General And Lord Johnston And Lord Penrose Scotland, Crime [ ScotC ] Â Her Majesty's Advocate v Raymond Booth 3 Nov 2004 HCJ Lord Justice General And Lord Johnston And Lord Penrose Scotland, Crime [ ScotC ] Â Hampson, Regina v [2004] EWCA Crim 3100 4 Nov 2004 CACD Crime [ Bailii ] Â Kilhey Court Hotels Ltd v Wigan Metropolitan Borough Council [2004] EWHC 2890 (Admin) 4 Nov 2004 Admn Consumer, Crime Food Safety Act 1990 2(1) [ Bailii ] Â Blench v Director of Public Prosecutions [2004] EWHC 2717 (Admin) 5 Nov 2004 Admn Thomas LJ, Fulford J Crime, Police The defendant appealed against his conviction for assaulting a police officer in the execution of his duty under section 89. He had argued that he had no case to answer. The officers had received an emergency call to the house, but the female caller had told them then not to come. On arrival, the defendant had told them to get off his property. Fearing violence to a child, the police used CS gas to obtain entry under the 1984 Act and arrested him for breach of the peace. Held: The appeal failed. The police had information that a child was at risk. They had the power under the 1984 Act to enter to investigate that matter, and their actions were lawful. Since their actions were under the 1984 Act, the questions detailed in Bibby, which dealt with the use of common law powers, did not arise. Police Act 1996 89 - Police and Criminal Evidence Act 1984 17(1)(e) 1 Cites [ Bailii ] Â C, Regina v [2004] EWCA Crim 3215 8 Nov 2004 CACD Crime [ Bailii ] Â Regina v Thomas Times, 12 November 2004 8 Nov 2004 CACD Rose LJ, Hallett J, Dobbs J Crime Magic mushrooms are not a controlled drug in their natural state, but the process of leaving them to dry was a process which made them a Class A drug, and their possession an offence. Â Thomas, Regina v [2004] EWCA Crim 3092 8 Nov 2004 CACD Crime [ Bailii ] Â EW, Regina v [2004] EWCA Crim 2901 9 Nov 2004 CACD Crime [ Bailii ] Â Director of Public Prosecutions v Balham Youth Court [2004] EWHC 2990 (Admin) 9 Nov 2004 Admn Crime Crime and Disorder Act 1998 29(1)(b) [ Bailii ] Â Regina v Moon [2004] EWCA Crim 2872 10 Nov 2004 CACD Rix LJ, Poole, Evans JJ Crime The defendant, a heroin addict said that the encouragement of a police officer to supply her with a small quantity of heroin amounted to entrapment and that her prosecution should have been stayed as an abuse of process. The officer had been feigning withdrawal symptoms and distress, in circumstances where the defendant was able to say, by her evidence in a voir dire, that she had never been a supplier or a runner before or since. Held: There was no evidence that the appellant had ever dealt or, indeed, ever supplied another addict before, a fact also supported by the appellant's antecedents as well as by the search of her home in the subsequent January, and: "whether the matter is looked through the lens of the proper safeguards of authorisation, or through the lens of the appellant's absence of predisposition or antecedents, or through the lens of the actual nature of the police activities in relation to this appellant, the conclusion to which we are driven is that this appellant was lured into crime or was entrapped, and that it was a case of causing crime rather than merely providing an opportunity for it, and ultimately that it would be unfair for the State to prosecute her for this offending. In these circumstances, the application to stay for abuse should, we think, have been accepted. " 1 Cites 1 Citers [ Bailii ] Â Regina v Patel (Nitin) Times, 29 November 2004; [2005] 1 Cr App R 440 11 Nov 2004 CACD Maurice Kay LJ, McCombe J, David Clarke J Crime The defendant appealed his conviction under the 1977 Act. Held: The judge directing a jury must require a finding that the different acts complained of had a sufficient connection with each other to form a 'course of conduct' within the Act. For a number of incidents to constitute a course of conduct, they must be related in type and in context. Protection form Harrassment Act 1997 2(1) 1 Cites 1 Citers Â Mcnamara, Regina v [2004] EWCA Crim 2818 11 Nov 2004 CACD Crime [ Bailii ] Â City of Sunderland Council v Dawson [2004] EWHC 2796 (Admin) 12 Nov 2004 Admn Crime Allegation of shopkeeper selling alcohol to youth - no evidence that bottle contained alcohol - prosecutor's appeal. [ Bailii ] Â Gill, Regina v [2004] EWCA Crim 3022 12 Nov 2004 CACD Crime [ Bailii ] Â Beckles, Regina v [2004] EWCA Crim 2766; Times, 17 November 2004; [2005] 1 Cr App 23 12 Nov 2004 CACD Lord Woolf LCJ, McCombe J, David Clarke J Crime The appellant had been convicted in 1997 of robbery and false imprisonment. His case was now refererred by the Criminal Cases Review Commission. The defendant had, on advice from his solicitor refused to answer questions at the police station. The Court of Human Rights had found that the inference drawn from that silence at trial infringed his right to a fair trial. The court at his trial had referred to his silence without reminding the jury that he was ready to provide independent evidence of the exchanges with his solicitor. Held: As a matter of fairness, the jury should have been told of the readiness of the defendant to explain his silence. It was difficult to achieve fairness. On the one hand the defendant was entitled to confidential advice from his solicitor, and on the other the courts had to ensure that s34 was effective. If it was reasonable for a defendant to have said nothing, that was the end of the matter. If it was not, but he relied upon legal advice to justify silence, it might be possible to say that he genuinely acted upon the advice, but he did so because it suited his purpose, and the reasonableness of his silence remained to be determined by the jury. The standard jury direction is being revised to achieve this purpose, and under the revised direction the jury will be asked to consider whether the defendant genuinely and reasonably relied on the legal advice to remain silent. Criminal Justice and Public Order Act 1995 34 1 Cites 1 Citers [ Bailii ] Â Quinn, Regina v [2004] EWCA Crim 3026 12 Nov 2004 CACD Crime [ Bailii ] Â Johnstone v Her Majesty's Advocate [2004] ScotHC 66 12 Nov 2004 HCJ Lord Emslie And Lord Kirkwood And Lord Justice General Crime [ ScotC ] - [ Bailii ] Â Scott, R v [2004] NICC 19 15 Nov 2004 CCNI Northern Ireland, Crime [ Bailii ] Â John Mayer, Advocate v Her Majesty's Advocate [2004] ScotHC 67 16 Nov 2004 HCJ Lord Abernethy And Lord Hamilton And Lord Penrose Crime, Scotland [ Bailii ] - [ ScotC ] Â Â Regina v Mason; CACD 18-Nov-2004 - [2004] EWCA Crim 2848 Â Porter v Her Majesty's Advocate 23 Nov 2004 HCJ Lord Kirkwood And Lord Penrose And Lord Wheatley Scotland, Crime [ ScotC ] Â Marcus, Regina v [2004] EWCA Crim 3387 23 Nov 2004 CACD Crime [ Bailii ] Â Saik v Regina [2004] EWCA Crim 2936; Times, 29 November 2004 24 Nov 2004 CACD Criminal Practice, Crime The defendant appealed his conviction for conspiracy to launder the proeeds of crime. He had tendered the plea on the basis that he had only suspected and not known that the funds were the proceeds of crime. Whether to allow a defendant to withdraw a plea: "For an appeal against conviction to succeed on the basis that the plea was tendered following erroneous advice it seems to us that the facts must be so strong as to show that the plea of guilty was not a true acknowledgment of guilt. The advice must go to the heart of the plea, so that as in the cases of Inns and Turner the plea would not be a free plea and what followed would be a nullity." Criminal Law Act 1977 1 Citers [ Bailii ] Â N, R v [2004] EWCA Crim 3238 25 Nov 2004 CACD Crime [ Bailii ] Â Hylands, Regina v [2004] EWCA Crim 2999; Times, 21 December 2004 25 Nov 2004 CACD Lord Justice Rix, Mr Justice Poole, Mr Justice Stanley Burnton Crime The defendant had been convicted of robbery. Evidence suggested that he may had had with him a firearm. He appealed an automatic life sentence for a second serious offence. Held: In order for an offence to come within the section, either the defendant had to have admitted carrying a firearm or imitation forearm, or the jury had to have returned a special verdict making an explicit finding that he had a firearm with him. Powers of Criminal Courts (Sentencing) Act 2000 109 1 Cites [ Bailii ] Â Regina v Montila and Others [2004] UKHL 50; Times, 26 November 2004; [2004] 1 WLR 3141; [2005] 1 Cr App R 26; [2005] 1 Cr App R 26; [2005] 1 All ER 113; [2005] Crim LR 479 25 Nov 2004 HL Lord Bingham of Cornhill, Lord Steyn, Lord Hope of Craighead, Baroness Hale of Richmond and Lord Carswell Crime The defendants faced charges under the two Acts. They raised as a preliminary issue whether it is necessary for the Crown to prove that the property being converted was in fact the proceeds, in the case of the 1994 Act, of drug trafficking and, in the case of the 1988 Act, of crime. The Crown appealed a ruling that it was necessary. Held: The appeal was dismissed. The House examined the history and background of the legislative provisions, including the international treaties from which they were derived. The fact that the words of the subsections differed, allowing a conviction based upon suspicion did not mean that the money itself need not be shown to be the proceeds of crime. The words in each required that interpretation. The old rules about the non-use of side notes in Acts in support of interpretation needed to be revisited after the changes in procedures in recent years, where a separate explanatory note was now used. The subject matter of these sections is "proceeds" and no distinction is made as to subject matter between the various offence-creating subsections within each section. There is no indication that the subject matter of the activities that are being criminalised need not actually be proceeds of drug trafficking or of criminal conduct. Any problem this created was not to be resolved by relieving the Crown of the burden of proving the criminal origin. "A person may have reasonable grounds to suspect that property is one thing (A) when in fact it is something different (B). But that is not so when the question is what a person knows. A person cannot know that something is A when in fact it is B. The proposition that a person knows that something is A is based on the premise that it is true that it is A. The fact that the property is A provides the starting point. Then there is the question whether the person knows that the property is A." Drug Trafficking Act 1994 49(2)(b) - Criminal Justice Act 1988 93C(2) 1 Cites 1 Citers [ Bailii ] - [ House of Lords ] Â Taffurelli and Others, Regina (on the Application Of) v Director of Public Prosecutions [2004] EWHC 2791 (Admin) 25 Nov 2004 Admn Crime Protection from Harassment Act 1997 2 [ Bailii ] Â Kishientine, Regina v [2004] EWCA Crim 3352 29 Nov 2004 CACD Crime [ Bailii ] Â Claire Macleod Or Chalmers v Procurator Fiscal, Perth 30 Nov 2004 HCJ Lord Hamilton And Lord Justice Clerk And Lord Osborne Scotland, Crime [ ScotC ] Â O'Connor, R. [2004] NICC 35 1 Dec 2004 NICC Northern Ireland, Crime [ Bailii ] Â Keith Anderson v Procurator Fiscal, Perth 1 Dec 2004 HCJ Lord Justice Clerk And Lord Hamilton And Lord Osborne Scotland, Crime [ ScotC ] Â Foster and Another v Director of Public Prosecutions Times, 05 January 2005 1 Dec 2004 CACD Rose LJ, Pitchford J Crime The child, aged 15, was living with her foster parents. The defendants took her to their address and plied her with drink. The foster parents contacted her, and she said she was returning home. When she did not return the foster parents reported her missing. The police contacted the defendants. The girl hid at the house to avoid being found, but sent a text message to her parents to say she was staying with friends and would return home. In the morning, the police returned, found her, and arrested the defendants, who now appealed convictions for abduction so as to remove the child from a person having lawful control. The defendants believed her to have been over 16. Held: The appeal succeeded. The mens rea of the offence was an intentional detention of a child the effect of which was to remove or keep the child. Their belief as to her age meant that they did not have that mind at the time when the child was removed. The Act distinguished between removal from control and keeping a child from lawful control. After they came to know of her true age, they did nothing to remove her from the foster parents' control, and the offence was not committed. Child Abduction Act 1984 2(1)(a) 4 1 Cites Â Foster and Another v Director of Public Prosecutions [2004] EWHC 2955 (Admin) 1 Dec 2004 Admn Crime Child Abduction Act 1984 2(1)(a) 4 [ Bailii ] Â Coates, Graves v Regina [2004] EWCA Crim 3049 2 Dec 2004 CACD Mr Justice Butterfield Lord Justice Auld Mr Justice Hedley Crime, Road Traffic Appeal against conviction for causing death by dangerous driving - lorry driver having driven for 20 hours and also employer. [ Bailii ] Â Mentor v Regina [2004] EWCA Crim 3104 3 Dec 2004 CACD Crime [ Bailii ] Â William Mcmillan Bennett v Her Majesty's Advocate 4 Dec 2004 HCJ Lord Kirkwood And Lord Carloway And Lord Sutherland Scotland, Crime [ ScotC ] Â Evans Dorothy, Regina v [2004] EWCA Crim 3102; Times, 10 December 2005 6 Dec 2004 CACD Dyson LJ, Grigson J, Rhys Davies QC Crime The defendant appealed her conviction for having breached a restraining order under the 1997 Act. The order required her not to be 'abusive by words or actions' towards her neighbour. She had regularly parked her car so as to block her neighbour's visitors. She appealed saying there had been no case to answer. Held: "the question whether a word or phrase is being used in its ordinary sense or in a special sense is a question of law. But if as a matter of law the word or phrase is being used in its ordinary sense, then it is for the tribunal of fact to apply that meaning to the facts as found." and "the criminal context is not a reason for giving a narrow or strained meaning to words which bear their ordinary meaning." The Act provided an additional protection in that the prosecution had to show the absence of a reasonable excuse. The court was correct to have dismissed the plea of no case to answer. Protection from Harassment Act 1997 5(5) 1 Cites [ Bailii ] Â Regina v Willoughby Times, 21 December 2004; [2004] EWCA Crim 3365; [2005] 1 WLR 1880 6 Dec 2004 CACD Rose LJ, Stanley Burnton, Mackay J Crime The Defendant appealed against his conviction for gross negligence manslaughter. He had recruited another man to assist him in burning down his own premises. In the course of the offence an explosion killed the other man. He said he owed him no duty of care. Held: It was a matter of fact for the jury to determine whether a duty of care was owed to the deceased, once the judge had found there was evidence to support such a conclusion. In exceptional circumstances, where perhaps a statutory duty was imposed, the judge might give a direction that a duty existed. A conviction might have been easier if the case had been presented as manslaughter in the course of an unlawful act. 1 Cites 1 Citers [ Bailii ] Â Robbie the Pict v Procurator Fiscal, Fort William 7 Dec 2004 HCJ Lord Justice Clerk And Lord Hamilton And Lord Osborne Scotland, Crime [ ScotC ] Â Robbie the Pict v Procurator Fiscal, Dingwall 7 Dec 2004 HCJ Lord Hamilton And Lord Justice Clerk And Lord Osborne Scotland, Crime [ ScotC ] Â Petition To the Nobile Officium of the High Court of Justiciary of William Frederick Iain Beggs 8 Dec 2004 HCJ Lord Justice General And Lord Marnoch And Lord Macfadyen Scotland, Crime 1 Citers [ ScotC ] Â TW, Regina v [2004] EWCA Crim 3103 8 Dec 2004 CACD Crime [ Bailii ] Â Wisniewski, Regina v [2004] EWCA Crim 3361 9 Dec 2004 CACD Crime [ Bailii ] Â John (Aka John Karl) Spencer (Aka Pike), Regina v [2004] EWCA Crim 3362 9 Dec 2004 CACD Crime [ Bailii ] Â Regina v Francis [2004] EWCA Crim 3156 9 Dec 2004 CACD Mr Justice Hughes Lord Justice Kennedy Mr Justice Simon Crime, Criminal Sentencing Appeal against conviction and sentence - rape [ Bailii ] Â Lewis, Regina (on the Application Of) v the Director of Public Prosecutions [2004] EWHC 3081 (Admin) 10 Dec 2004 Admn Davis J Road Traffic, Crime Appeal by way of case stated from a decision convicting the appellant, of driving a motor car when he had consumed alcohol in excess of the prescribed limit, contrary to the provisions of section 5 of the Road Traffic Act 1988 and Schedule 2 Road Traffic Offenders' Act 1988. The issue was whether the car park of a public house was a public place. Road Traffic Act 1988 5 [ Bailii ] Â Lewin v Purity Soft Drinks Ltd [2004] EWHC 3119 (Admin) 14 Dec 2004 Admn Consumer, Crime Trade Descriptions Act 1968 [ Bailii ] Â James Nolan v Her Majesty's Advocate 14 Dec 2004 HCJ Lord Justice General And Lord Johnston And Lord Penrose Scotland, Crime [ ScotC ] Â Her Majesty's Advocate v John Holbein 15 Dec 2004 HCJ Lord Justice General And Lord Hamilton And Lord Sutherland Scotland, Crime [ ScotC ] Â Regina v Kumar [2004] EWCA Crim 3207; Times, 10 January 2005 16 Dec 2004 CACD Mr Justice Gage Lord Justice Nelson Field Mr Justice Field Crime The defendant appealed a conviction for buggery of a complainant under the age of 16, saying that he had a genuine belief that the boy had been of age. Held: Buggery was not an absolute offence. The amendments to the 1956 Act did not signify that the age related offence should be one of strict liability. Mens rea was required, and that was negatived by a genuine belief on the defendant that the complainant was of age. Sexual Offences Act 1956 12 - Criminal Justice and Public Order Act 1994 - Sexual Offences (Amendment) Act 2000 1 Cites 1 Citers [ Bailii ] Â Attorney General Reference No 140 of 2004 [2004] EWCA Crim 3525 16 Dec 2004 CACD Crime [ Bailii ] Â Taylor, Regina v [2004] EWCA Crim 3337 16 Dec 2004 CACD Crime [ Bailii ] Â Mitchell, Regina v [2004] EWCA Crim 3206 16 Dec 2004 CACD Crime [ Bailii ] Â Griffith and others v The Queen [2004] UKPC 58; [2005] 2 AC 235 16 Dec 2004 PC Commonwealth, Crime (Barbados) 1 Citers [ Bailii ] - [ PC ] Â David Mccrae v Her Majesty's Advocate 16 Dec 2004 HCJ Lord Justice Clerk And Lord Maclean And Lord Dawson Scotland, Crime [ ScotC ] Â Arthur Kearney v Her Majesty's Advocate 17 Dec 2004 HCJ Lord Kirkwood And Lord Hamilton And Lord Macfadyen And Lord Philip And Lady Cosgrove Scotland, Crime [ ScotC ] Â Brogan and Others, R v [2004] NICC 27 20 Dec 2004 CCNI Northern Ireland, Crime [ Bailii ] Â Colman and Another v Regina [2004] EWCA Crim 3252 21 Dec 2004 CACD Crime [ Bailii ] Â Hyde and Another, R v [2004] NICC 29 21 Dec 2004 CCNI Northern Ireland, Crime [ Bailii ] Â Regina v Terry Times, 28 December 2004; [2005] 2 Crim App R 7 21 Dec 2004 CACD Auld LJ, Owen J, Hedley J Crime The prosecutor had a alleged a conspiracy basing the charge on a conversation in a car. The court rejected the admisibility of evidence of a voice recognition expert, and the defendant was acquitted on direction. He then said that in the absence of a conviction on that count, the case against him on the other counts fell. The judge found that he was not entitled to lead that he was to be presumed not to have been in the car only because those present in the car were involved in a conspiracy of which he had been acquitted. Held: The case of Hay was inconsistent with R v Z, where the test was said to be relevance, not conclusiveness. An acquittal was not conclusive evidence of innocence save in the restricted sense of innocence at law. R v Z could not be limited to similar fact evidence. A direction based on R v Hay might be artificial and unsatisfactory. The judge had been correct and no unfairness followed. 1 Cites 1 Citers Â Tyrell and Others, Regina v [2004] EWCA Crim 3279 21 Dec 2004 CACD Crime [ Bailii ] Â Regina v Metcalfe and Another Times, 12 January 2005 21 Dec 2004 CACD Hoopper LJ, Holland J, Elgan Edwards J Crime The defendants appealed confiscation orders for drug trafficking where there had been a finding that of the tablets sold as ecstacy, probably only one tablet in a million was actually a class A controlled drug. Held:The Act required there to be shown that the defendant had "received any payment . . . . In connection with drug trafficking." However the section was not designed to convert activities which wer enot drug trafficking under s1(1) into drug trafficking. To do so would sidestep the protection given by other sections. Drug Trafficking Act 1994 63(2) Â Parry v Director of Public Prosecutions [2004] EWHC 3112 (Admin) 21 Dec 2004 Admn Crime [ Bailii ] Â Regina v Huckerby and Power [2004] EWCA Crim 3251 21 Dec 2004 CACD Mr Justice Butterfield Lord Justice Potter Mr Justice Tugendhat Crime [ Bailii ] Â Regina v Barnes Times, 10 January 2005; [2004] EWCA Crim 3246; [2005] 1 Cr App R 30; [2005] 1 WLR 910; [2005] Crim LR 381; [2005] 2 All ER 113 21 Dec 2004 CACD Lord Woolf LCJ, Cresswell J, Simon J Crime The defendant appealed against a conviction for inflicting grievous bodily harm, after causing a serious leg injury in a football match when tackling another player. Held: There was surprisingly little authority on when it was appropriate to commence proceedings after an assault during a sporting event. The starting point must be to recognise that sports had their own disciplinary procedures and standards, and normally criminal proceedings should be undesirable. An injured party might also expect to be able to claim civil damages. Prosecutions should be reserved for those situations where the act could properly be categorised as criminal. The level of injury had to be considered along with the presence of consent, since no consent could generally be given to actual bodily harm. Contact sports were an exception, when the court should look to see whether what happened went beyond what risk a player could reasonably be expected to have accepted. The emphasis of the word 'maliciously' would normally only cause confusion in a jury in these situations. Lord Woolf CJ: "When no bodily harm is caused, the consent of the victim to what happened is always a defence to a charge. When at least bodily harm is caused, consent is generally irrelevant because it has been long established by our courts that, exceptional situations apart, as a matter of law a person cannot consent to having bodily harm inflicted upon him." Offences Against the Person Act 1861 20 1 Cites 1 Citers [ Bailii ] Â Cowell, Regina v [2004] EWCA Crim 3477 21 Dec 2004 CACD Crime [ Bailii ] Â Jean Waugh v Her Majesty's Advocate 22 Dec 2004 HCJ Lord Justice Clerk And Lord Marnoch And Lord Penrose Scotland, Crime [ ScotC ] Â Referral By the Scottish Criminal Cases Review Commission In the Cases of William Gray James Bernard O'Rourke v Her Majesty's Advocate 23 Dec 2004 HCJ Lord Justice Clerk And Lord Osborne And Lord Eassie Scotland, Crime 1 Citers [ ScotC ] Â
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