Owens and Another, Regina v: CACD 6 Sep 2006

The defendants appealed convictions and sentence (6 and 4 years) for conspiracy to sell red diesel as ‘DERV’ and for money laundering of the proceeds of the crime. The sums involved exceeded andpound;1.4m. They said that documents should not have been admitted as real evidence.
Held: ‘although it might in theory have been possible to use the disputed material for the truth of what it said, rather than in the more limited way permitted by the judge, as real evidence, we are satisfied that the Crown was faithful to the judge’s ruling, and the fact that counsel were unable to point to a single instance in the summing up where the material had been misused is, we think, ample confirmation of our conclusion’ They also complained that the evidence of the samples of diesel had not been taken in accordance with the statutory requirements. The analysis was not procedurally correct, but this did not undermine the safety of the conviction. The appeals both on conviction and sentence failed.


Rix LJ, Jack J, Sir John Allot


[2006] EWCA Crim 2206




England and Wales


CitedRegina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
CitedRegina v Lydon CACD 1987
A gun and two scraps of paper (saying ‘Sean rules’) were found along the route of a road passed by a car with which the prosecution sought to link the defendant (Sean Lydon). The documents and the gun could themselves be linked forensically.
CitedRegina v Czyzewski; Regina v Bryan; Regina v Mitchell; Regina v Diafi; Regina v Ward CACD 16-Jul-2003
The court set down detailed guidelines for sentencing for smuggling, but stated they were not to be treated as a straitjacket.
Held: The principle factors will be the level of duty evaded, the sophistication of methods used, the defendant’s . .
Lists of cited by and citing cases may be incomplete.


Updated: 27 March 2022; Ref: scu.245046