Parke B described how the elements of a common law offence are to be distilled from the cases in which the relevant principles have been set out: ‘Our common-law system consists in the applying to new combinations of circumstances those rules of law which we derive from legal principles and judicial precedent; and for the sake of attaining uniformity, consistency and certainty, we must apply those rules, where they are not plainly unreasonable and inconvenient, to all cases which arise; and we are not at liberty to reject them, and to abandon all analogy to them, in those to which they have not been judicially applied, because we think that the rules are not as convenient and reasonable as we ourselves could have devised.’
References: (1833) 1 Cl and F 527
Judges: Parke J
Jurisdiction: England and Wales
This case is cited by:
- Cited – Simpson v Regina CACD 23-May-2003 ([2003] EWCA Crim 1499, Times 26-May-03, Gazette 10-Jul-03, [2004] QB 118, [2003] 3 WLR 337, [2003] Cr App R 36, , [2004] 1 Cr App R (S) 24, [2003] 2 Cr App R 36, [2003] 3 All ER 531)
The appellant challenged a confiscation order. It was argued that one could not be made unless a proper notice had been given, and none of the offences occurred before 1995. On the assumption that section 1 of the 1995 Act was not in force, did the . . - Cited – Hamilton, Regina v CACD 16-Aug-2007 (, [2007] EWCA Crim 2062, Times 16-Oct-07, [2008] 2 WLR 107, [2008] QB 224)
The defendant appealed his conviction for outraging public decency. He had surreptitously filmed up the skirts of women in a supermarket. The offence was only discovered after the films were found on a search of his home for other material. The . .
These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.182381
