The prisoners appealed saying that the whole life terms set on the imposition of a life sentence for murder were a breach of their human rights. Held: The continued detention of three defendants who had been made subject to a whole life tariff did not violate Article 3 because the ‘requirements of punishment and deterrence … Continue reading Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012
The appellant was given leave to appeal on the single ground that the direction given by the judge in response to a note from the jury allowed the possibility that the appellant and his co-accused were convicted of the offence charged without the jury necessarily being sure that they were all guilty of the same … Continue reading Shillam v Regina: CACD 22 Feb 2013
Citations: [2012] ScotHC HCJAC – 143 Links: Bailii Jurisdiction: Scotland Crime Updated: 14 November 2022; Ref: scu.471086
The appellant challenged his conviction for sexual crimes, saying that the taking of a swab from his mouth for a DNA test had been unlawful, and the evidence consequent to that should not have been admitted. Held: The appeal was refused. Cowie was overturned. Judges: Lady Paton, Lord Carloway, Lord Menzies, Lord Brodie, Lord Doherty … Continue reading Lukstins v Her Majesty’s Advocate: HCJ 14 Nov 2012
Judges: Lord Menzies, Lady Dorrian, Lord Wheatley Citations: [2012] ScotHC HCJAC – 169 Links: Bailii Crime Updated: 14 November 2022; Ref: scu.471102
The Court was asked whether it was open to a defendant charged with rape contrary to section 1 of the 2003 Act to rely upon a ‘deluded’ belief in the consent of the complainant. Held: Hughes LJ said: ‘Both the common law and statute law are well used to a rule which judges a defendant … Continue reading B v Regina: CACD 31 Jan 2013
ECJ Directive 2004/83/EC – Minimum standards for the grant of refugee status or of subsidiary protection – Article 12 – Exclusion from refugee status – Article 12(2)(b) and (c) – Notion of ‘serious non-political crime’ – Notion of ‘acts contrary to the purposes and principles of the United Nations’ – Membership of an organisation involved … Continue reading B v Germany: ECJ 9 Nov 2010
Citations: [1997] EWCA Crim 3013 Links: Bailii Jurisdiction: England and Wales Crime Updated: 14 November 2022; Ref: scu.470886
The defendant appealed against his conviction for murder saying that the court had given inadequate directions as to his ‘no comment’ interview, the need to treat the evidence of a co-accused with caution, and the need for a bad character direction. Held: The appeal failed. The direction as to the no comment interview had allowed … Continue reading Najib v Regina: CACD 12 Feb 2013
Citations: [2012] UKSIAC 106/2011) Links: Bailii Jurisdiction: England and Wales Immigration, Crime Updated: 14 November 2022; Ref: scu.470893
Citations: [2012] UKSIAC 116/2012) Links: Bailii Immigration, Crime Updated: 14 November 2022; Ref: scu.470892
(Refusal of Entry – Dismissed) Citations: [2012] UKSIAC 106/2011 – 2 Links: Bailii Immigration, Crime Updated: 14 November 2022; Ref: scu.470898
The appellant was vietnamese by birth, but had later been granted British Citizenship. The Secretary of State came to seek to deprive him of that citizenship on conducive grounds for reasons of national security, and his deportation to Vietnam. The appellant appealed saying that the notice would leave him stateless. Held: If the result of … Continue reading B2 v Secretary of State for The Home Department (Deportation – Preliminary Issue – Allowed): SIAC 26 Jul 2012
The applicant challenged his proposed deportation to Jordan to face perrorism related charges. He said that there was a real risk that the evidence used against him would have been obtained by torture. Held: His appeal was allowed Judges: Mitting J Pteers Lane UTJ, Dame Denise Holt Citations: [2012] UKSIAC 15/2005 – 2 Links: Bailii … Continue reading Othman (Abu Qatada) v Secretary of State for The Home Department: SIAC 12 Nov 2012
Judges: Sir Adrian Fulford Mrs Justice Cutts And Mrs Justice Farbey Citations: [2022] EWCA Crim 1465 Links: Bailii Statutes: Environmental Permitting (England and Wales) Regulations 2016 38(2) 41 Jurisdiction: England and Wales Crime, Environment Updated: 14 November 2022; Ref: scu.682707
From conviction of murder. Judges: Lady Justice Macur Mr Justice Holgate And Her Honour Judge Karu Recorder of Southwark Citations: [2022] EWCA Crim 1488 Links: Bailii Jurisdiction: England and Wales Crime Updated: 14 November 2022; Ref: scu.682711
Judges: Lady Justice Whipple Mrs Justice Mcgowan And Mrs Justice Ellenbogen Citations: [2022] EWCA Crim 1428 Links: Bailii Statutes: Identity Cards Act 2006 25(1) Jurisdiction: England and Wales Crime Updated: 14 November 2022; Ref: scu.682325
Appeal from conviction of murder Judges: Lady Justice Carr DBE Mrs Justice Yip DBE His Honour Judge Katz QC (Sitting as a Judge of the Court of Appeal) Citations: [2020] EWCA Crim 1798 Links: Bailii Jurisdiction: England and Wales Crime Updated: 14 November 2022; Ref: scu.682462
Renewed application for leave to appeal against conviction for murder. Judges: Sharp DBE LJ, Silber J, Sir Richard Henriques Citations: [2014] EWCA Crim 595 Links: Bailii Jurisdiction: England and Wales Crime Updated: 14 November 2022; Ref: scu.553258
The complainant requested information from Northumbria Police about classification of crimes and numbers of crimes associated with an incident number. Northumbria Police refused to comply with the request citing section 12(1) (cost limit) of FOIA. The Commissioner’s decision is that Northumbria Police was entitled to refuse to comply with the request in accordance with section … Continue reading Northumbria Police (Police and Criminal Justice): ICO 19 Jul 2022
Simon Brown LJ said: ‘It is a principle of legal policy that a person should not be penalised except under clear law.’ Judges: Simon Brown LJ Citations: [1998] 3 All ER 798 Jurisdiction: England and Wales Cited by: Cited – Haw, Regina (on the Application of) v Secretary of State for the Home Department and … Continue reading Regina v Bristol Magistrates Court ex parte E: CA 1998
Citations: [2006] EWHC 1072 (Admin) Links: Bailii Jurisdiction: England and Wales Crime Updated: 13 November 2022; Ref: scu.241736
Judges: Wilkie J Citations: [2006] EWHC 1796 (Admin) Links: Bailii Statutes: Public Order Act 1986 4(1) 4(4) Jurisdiction: England and Wales Crime Updated: 13 November 2022; Ref: scu.243383
The applicant had been released from prison on licence, but was subject to the use of an electronic tag, because his offence had been one of violence. The tag was removed and the applicant made himself scarce. His licence was revoked. His solicitors made representations about this, but his request was not to be dealt … Continue reading Ahmed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 4 May 2006
Judges: Scott Barker LJ, Openshaw J Citations: [2006] EWHC 1197 (Admin) Links: Bailii Statutes: Criminal Justice Act 1967 91(1), Police Act 1990 89(1) Jurisdiction: England and Wales Crime Updated: 13 November 2022; Ref: scu.242556
Judges: Lord Justice Scott Baker Mr Justice Openshaw Citations: [2006] EWHC 1200 (Admin) Links: Bailii Jurisdiction: England and Wales Crime Updated: 13 November 2022; Ref: scu.242548
A former member of the security services, convicted for spying, had written a book. The AG appealed a refusal to prevent publication. The court upheld denied the appeal on the breach of fiduciary claim. The Attorney General amended his statement of claim and advanced a public law claim to asserted, not a private law right … Continue reading Attorney-General v Blake: CA 16 Dec 1997
This was an application for a public interest immunity certificate. An informant was involved, and the defence had not been notified of the application, out of concern that he may come to know of the existence of the informant. That situation was to be reviewed as the trial progressed. There was matter received from interceptions … Continue reading Regina v Martens: CA 15 Dec 1997
Citations: [2020] EWCA Crim 1340 Links: Bailii Jurisdiction: England and Wales Crime Updated: 13 November 2022; Ref: scu.659888
Citations: [2006] EWCA Crim 2544 Links: Bailii Jurisdiction: England and Wales Crime Updated: 13 November 2022; Ref: scu.638777
Citations: [2019] ScotHC HCJAC – 13 Links: Bailii Jurisdiction: Scotland Crime Updated: 13 November 2022; Ref: scu.635288
Citations: [2013] EWCA Crim 40 Links: Bailii Jurisdiction: England and Wales Crime Updated: 13 November 2022; Ref: scu.470805
Citations: [2013] NICC 1 Links: Bailii Jurisdiction: England and Wales Crime Updated: 13 November 2022; Ref: scu.470593
Citations: [2003] NICC 21 Links: Bailii Northern Ireland, Crime Updated: 13 November 2022; Ref: scu.470595
Application by a Police Force for disclosure of psychological reports prepared by a psychologist in relation to AB who was and is the subject of proceedings in the Court of Protection. AB is an immensely vulnerable person and the Official Solicitor acting as his litigation friend opposes the application for disclosure made by the police … Continue reading Re AB (Court of Protection: Police Disclosure): CoP 22 Oct 2019
The prosecutor appealed the acquittal of the defendant on a charge of allowing himself to be carried in a vehicle taken without the owner’s consent. The driver had been convicted on his own admission, and the prosecutor had presented only the certificate of conviction. Held: The memorandum of conviction went beyond being only evidence that … Continue reading Director of Public Prosecutions v Parker: Admn 12 May 2006
The Director appealed dismissal of charges under the Acts against the respondent. There had been a fight in a shopping mall. The mall was private land over which there was a public right of way. The respondent objected when the officer taped off an area of the mall to investigate. Held: The owner of the … Continue reading Director of Public Prosecutions v Morrison: Admn 4 Apr 2003
Citations: [2002] EWHC 1523 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a), Magistrates Courts (Advance Notice of Expert Evidence) Rules 1997 3 Jurisdiction: England and Wales Crime, Magistrates Updated: 12 November 2022; Ref: scu.175121
Citations: [2003] EWCA Crim 980 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Sekhon, etc v Regina CACD 16-Dec-2002 The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight … Continue reading Barrington and Others, Regina v: CACD 2 Apr 2003
Claimant withdrawing allegation of domestic abuse and refusing to give proper evidence. Citations: [2018] EWHC 3062 (Admin) Links: Bailii Jurisdiction: England and Wales Crime Updated: 12 November 2022; Ref: scu.631195
Citations: [1996] EWCA Crim 1005 Links: Bailii Jurisdiction: England and Wales Crime Updated: 12 November 2022; Ref: scu.468972
Citations: [2012] EWCA Crim 2520 Links: Bailii Jurisdiction: England and Wales Crime Updated: 12 November 2022; Ref: scu.468987
The Court was asked whether section 10 of the 1822 Act provides a remedy to the operators and/ or the heritable proprietors of a secure unit residential facility. Citations: [2012] ScotCS CSOH – 198, 2013 SLT 285, 2013 GWD 3-107 Links: Bailii Statutes: Riotous Assemblies (Scotland) Act 1822 Jurisdiction: Scotland Cited by: Cited – The … Continue reading St Mary’s Kenmure and Another v East Dunbartonshire Council and Another: SCS 27 Dec 2012
TS (aged 14) was riding his bicycle. A dog ran out and chased him into the path of a car. He suffered serious injury. The dog had known aggressive characteristics. His claim to CICA was rejected on the basis that no crime of violence was involved. CICA sought judicial review of the first tier tribunal’s … Continue reading CICA v CICP/First-Tier Tribunal and TS: UTAA 19 Nov 2012
ECJ Appeals – Protection of the financial interests of the European Union – Identification of the level of risk associated with an entity – Early warning system – OLAF investigation – Decisions – Requests for activation of W1a and W1b warnings – Reviewable measures – Admissibility Judges: A. Tizzano, P Citations: C-314/11, [2012] EUECJ C-314/11 … Continue reading European Commission v Planet Ae: ECJ 19 Dec 2012
Citations: [2012] NICA 46 Links: Bailii Jurisdiction: Northern Ireland Crime Updated: 12 November 2022; Ref: scu.468842
Article 11-1 Freedom of association Strong ministerial criticism of calls by police union for Government’s resignation: no violation Facts – The first applicant was a trade union representing police officers. The second, third and fourth applicants were respectively its former president and vice-president and one of its members. In October 2005 the union organised a … Continue reading Trade Union of the Police in the Slovak Republic and Others v Slovakia: ECHR 25 Sep 2012
The defendant had been acquitted of offences relating to the damage of aircraft by reason of his insanity. The court now considered the making of an order under the 1977 Act after that acquittal. Held: The court set out the following principles: ‘Since the purpose of an order under section 5A is to protect a … Continue reading Smith v Regina: CACD 29 Nov 2012
Judges: Rafferty LJ, Mitting, Sharp JJ Citations: [2012] EWCA Crim 2248 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Adeojo and Another v Regina CACD 6-Feb-2013 The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but … Continue reading Regina v Fagan: CACD 7 Sep 2012
Citations: [2012] EWCA Crim 2458 Links: Bailii Jurisdiction: England and Wales Crime Updated: 12 November 2022; Ref: scu.466969
Citations: [2009] EWCA Crim 1287 Links: Bailii Jurisdiction: England and Wales Crime Updated: 12 November 2022; Ref: scu.425510
Citations: [2010] ScotHC HCJAC – 102 Links: Bailii Jurisdiction: Scotland Crime Updated: 12 November 2022; Ref: scu.425930
Citations: [2007] EWCA Crim 2318 Links: Bailii Jurisdiction: England and Wales Crime Updated: 12 November 2022; Ref: scu.259796
The court considered cases referred to it by the Criminal Cases Review Commission. Each related to convictions for sexual assaults on children in care. New material including several untrue allegations by the complainants suggested that the convictions might be unsafe. Held: The evidence of other similar allegations and history of unreliability made the convictions safe. … Continue reading Siddall and Brooke, Regina v: CACD 15 Jun 2006
Judges: Lord Justice Singh Citations: [2021] EWCA Crim 439 Links: Bailii Jurisdiction: England and Wales Crime Updated: 12 November 2022; Ref: scu.660769
What a trial judge should do when the sole issue to be determined at trial is the partial defence of diminished responsibility provided by section 2 of the Homicide Act 1957 (as amended) and there is unanimity amongst the psychiatric experts as to the mental health of the killer at the time of the killing. … Continue reading Hussain, Regina v: CACD 2 Apr 2019
Appeal against convictions for sexual assault Judges: Hughes LJ VP CACD, Hedley, Maddison JJ Citations: [2012] EWCA Crim 3088 Links: Bailii Jurisdiction: England and Wales Crime Updated: 12 November 2022; Ref: scu.466963
Appeal by case stated against variation of ASBO order. Citations: [2009] EWHC 3562 (Admin) Links: Bailii Jurisdiction: England and Wales Crime Updated: 12 November 2022; Ref: scu.396505
Two counts of carrying out a course of conduct amounting to stalking causing serious alarm or distress, contrary to section 4A of the Protection from Harassment Act 1997 Judges: Lord Justice William Davis Mr Justice Pepperall And Mrs Justice Foster Citations: [2022] EWCA Crim 1482 Links: Bailii Statutes: Protection from Harassment Act 1997 4A Jurisdiction: … Continue reading Musharraf v Rex: CACD 9 Nov 2022
Judges: Lord Justice Popplewell Mr Justice Johnson And His Honour Judge Picton Citations: [2022] EWCA Crim 1483 Links: Bailii Statutes: Immigration Act 1971 24B, Fraud Act 2006 1, Identity Documents Act 2010 4(1) 4(2) Jurisdiction: England and Wales Crime Updated: 12 November 2022; Ref: scu.682710
Citations: [2021] EWCA Crim 399 Links: Bailii Jurisdiction: England and Wales Crime Updated: 11 November 2022; Ref: scu.659878
Whether the actions of the appellant were carried out in ‘the exercise of his functions’ as a member of the Sri Lankan mission in London, and, accordingly, whether he has continuing functional immunity from prosecution, after departure from the United Kingdom, by virtue of article 39(2) of the Vienna Convention on Diplomatic Relations Judges: ir … Continue reading Fernando v Sathananthan: Admn 19 Mar 2021
The complainant has requested information about the Independent Review of Serious and Organised Crime. The Home Office disclosed some information but it refused to disclose a copy of the review report, on the grounds that it was exempt under section 23(1) (Information supplied by, or relating to, bodies dealing with security matters) of the FOIA. … Continue reading Home Office (Central Government): ICO 19 Jan 2022
Appeal from conviction of acting in breach of a restraining order, contrary to section 5(5) of the Protection from Harassment Act 1997 (count 1) and making threats to kill, contrary to section 16 of the Offences Against the Person Act 1861 (count 2). Judges: Goose J Citations: [2019] EWCA Crim 853 Links: Bailii Statutes: Offences … Continue reading Dillion, Regina v: CACD 11 Apr 2019
Challenge to imposition of criminal behaviour order. Citations: [2019] EWHC 2794 (Admin) Links: Bailii Statutes: Anti-social Behaviour Crime and Policing Act 2014 22 Jurisdiction: England and Wales Crime Updated: 10 November 2022; Ref: scu.645795
Directions in group litigation – claims by former postmasters against the PO for dismissals and prosecutions arising from faulty Horizon accounting software. Judges: Fraser J Citations: [2017] EWHC 2844 (QB), [2017] 4 WLR 221 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Bates and Others v Post Office Ltd QBD 17-Oct-2018 Application … Continue reading Bates and Others v Post Office Ltd: QBD 10 Nov 2017
Group litigation claiming damages for post office sub-postmasters for financial losses from malfunctioning accounting software. Judges: Fraser J Citations: [2019] EWHC 606 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Bates and Others v Post Office Ltd QBD 10-Nov-2017 Directions in group litigation – claims by former postmasters against the PO for … Continue reading Bates and Others v Post Office Ltd (No 3): QBD 15 Mar 2019
Application by the defendant to strike out considerable passages of the evidence contained in the six witness statements lodged by the claimants. Judges: Justice Fraser Citations: [2018] EWHC 2698 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Bates and Others v Post Office Ltd QBD 10-Nov-2017 Directions in group litigation – claims … Continue reading Bates and Others v Post Office Ltd: QBD 17 Oct 2018
Citations: [2015] ScotHC HCJAC – 11 Links: Bailii Jurisdiction: Scotland Crime Updated: 10 November 2022; Ref: scu.542847
The defendant appealed against his conviction for conspiracy to defraud. His co-defendant and alleged co-conspirator had been acquitted. Held: The appeal against conviction failed. The defence knew that they were going to have to deal with the prosecution’s case that the appellant’s relationship to Murphy regarding the Murphy-related transactions was one of mutual dishonesty. It … Continue reading Mehta v Regina: CACD 31 Dec 2012
Citations: [2012] EWHC 3398 (Admin) Links: Bailii Jurisdiction: England and Wales Crime Updated: 10 November 2022; Ref: scu.466796
Citations: [2000] EWCA Crim 4 Links: Bailii Statutes: Construction (Design and Management) Regulations 1994 Jurisdiction: England and Wales Crime Updated: 10 November 2022; Ref: scu.466411
Citations: [2011] EWCA Crim 1291 Links: Bailii Jurisdiction: England and Wales Crime Updated: 10 November 2022; Ref: scu.440133
Judges: Pitchers J Citations: [2005] EWHC 953 (Admin) Links: Bailii Jurisdiction: England and Wales Crime, Criminal Practice Updated: 10 November 2022; Ref: scu.241526
Fears of local residents about application for bail hostel were relevant when deciding planning application; impact on neighbours. Judges: Hirst, Swinton Thomas, Pill LJJ Citations: Times 01-Dec-1997, [1997] EWCA Civ 2682, (1998) 10 Admin LR 297, (1998) 76 P and CR 589, [1998] JPL 388, [1997] NPC 157 Links: Bailii Jurisdiction: England and Wales Citing: … Continue reading West Midlands Probation Committee v Secretary of State for Environment and Walsall Metropolitan Borough Council: CA 7 Nov 1997
Appeals by way of the case stated from conviction by the justices of wilfully obstructing a constable in the execution of his duty, contrary to section 89(2) of the Police Act 1996. The wilful obstruction alleged in the charge against the appellant was his refusal to give his name and address to a police officer … Continue reading Neale v Director of Public Prosecutions: Admn 23 Feb 2021
Citations: [2021] EWCA Crim 291 Links: Bailii Jurisdiction: England and Wales Crime Updated: 10 November 2022; Ref: scu.659875
Judges: Lord Justice Fulford VP Citations: [2021] EWCA Crim 44 Links: Bailii Jurisdiction: England and Wales Crime Updated: 10 November 2022; Ref: scu.657337
Citations: [2020] EWCA Crim 411 Links: Bailii Jurisdiction: England and Wales Crime Updated: 10 November 2022; Ref: scu.649229
Citations: [2006] NICA 30 Links: Bailii Jurisdiction: Northern Ireland Crime Updated: 10 November 2022; Ref: scu.243179
Following conviction of specimen rape. Judges: Lord Justice Coulson Mr Justice Cavanagh And Mrs Justice Hill DBE Citations: [2022] EWCA Crim 1438 Links: Bailii Jurisdiction: England and Wales Crime Updated: 10 November 2022; Ref: scu.682326
Judges: Lord Justice Pitchford Mrs Justice Cox DBE And The Common Serjeant, His Honour Judge Barker QC Citations: [2012] EWCA Crim 793 Links: Bailii Jurisdiction: England and Wales Crime Updated: 10 November 2022; Ref: scu.682110
Judges: Lord Justice Gross Mrs Justice Lang DBE And Mr Justice Phillips Citations: [2018] EWCA Crim 3017 Links: Bailii Statutes: Proceeds of Crime Act 2002 329(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 10 November 2022; Ref: scu.682131
Successful appeal from conviction of possession of criminal property – mens rea Citations: [2014] EWCA Crim 1958 Links: Bailii Jurisdiction: England and Wales Crime Updated: 09 November 2022; Ref: scu.539445
The defendant appealed against an anti-social behaviour order. He had been a journalist, and began a private newsletter and campaign alleging amongst other things corruption in the police. He complained that his article 10 rights had been infringed. Held: The order was quashed. Pitchford LJ said: ‘that separate issues arise out of these blogs. In … Continue reading Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012
Citations: [2000] EWCA Crim 3552 Links: Bailii Crime Updated: 09 November 2022; Ref: scu.466412
The CPS had obtained evidence through letters of request. Mr and Mrs Gohil had previously divorced and reached a financial settlement. The evidence apparently disclosed further substantial assets which W said had not been disclosed in the settlement negotiations. She now sought to use the new information to use he re-opening of the ancillary relief … Continue reading Crown Prosecution Service and Another v Gohil: CA 26 Nov 2012
Citations: [2012] EWCA Crim 2392 Links: Bailii Jurisdiction: England and Wales Crime Updated: 09 November 2022; Ref: scu.466268
The applicant had been convicted of the most serious offences including several violent murders, and was held under a whole life tarriff. He wished to publish his autobiography from prison. Held: The application was inadmissible. He had nothing serious to say in the public interest, although the policy applied in his case would not have … Continue reading Nilsen v United Kingdom: ECHR 9 Mar 2010
The appellant had falsely alleged that she had been robbed by a man whose description she gave to the police. It was the description of an imaginary man. She had been convicted of unlawfully effecting a public mischief. Held: Lord Hewart CJ said: ‘In the opinion of the court the indictment aptly describes two ingredients … Continue reading Regina v Manley: 1933
Judges: Lord Justice Leveson Citations: [2010] EWCA Crim 1858 Links: Bailii Jurisdiction: England and Wales Crime Updated: 09 November 2022; Ref: scu.421120
The fact of stolen property being found in a person’s house, is not evidence that that person stole it, if circumstances tend to shew that, it was stolen by other persons ; but it may be evidence of receiving. Citations: [1830] EngR 17, (1830) 1 Lewin 115, (1830) 168 ER 981 (A) Links: Commonlii Jurisdiction: … Continue reading Arundel’s And Barker’s Case: 1830
(USA) The insured was insane when he started a fire. The insurance company refused to pay. Held: The claim succeeded. Macomber J said: ‘In actions upon policies to cover damages occasioned by loss through fire, it is not a defence which the insurance company may avail itself of to show that the loss was caused … Continue reading D’Autremont v Fire Association of Philadelphia: 1892
The defendants were convicted of conspiring to cheat and defraud the Great Northern Railway of Ireland of fares by abstracting return half tickets and selling them to members of the public. Held: There was no deceit of their employers. Citations: [1898] 19 Cox CC 78 Jurisdiction: England and Wales Cited by: Cited – Scott v … Continue reading Regina v Quinn: 1898
The defendants were charged with conspiracy to use their employers’ vats and dyes to dye articles which they were not entitled to dye, to secure profits for themselves and so to defraud their employer of profit. There was no false pretence and no deceit of their employer by inducing him to believe something to be … Continue reading Rex v Button: 1848
The defendants had been convicted of conspiracy to cheat and defraud a company, its shareholders and creditors by fraudulently using its assets for purposes other than those of the company and by fraudulently concealing such use. Held: James J said: ‘To cheat and defraud is to act with deliberate dishonesty to the prejudice of another … Continue reading Regina v Sinclair: 1968
Criminal Cases Review Commission reference – conviction of robbery Citations: [2004] EWCA Crim 1756 Links: Bailii Jurisdiction: England and Wales Crime Updated: 09 November 2022; Ref: scu.270030
Judges: Lord Justice Pill Citations: [2009] EWCA Crim 217, [2009] Env LR 29, [2009] PTSR 1476 Links: Bailii Statutes: Environmental Protection Act 1990 Jurisdiction: England and Wales Crime, Environment Updated: 09 November 2022; Ref: scu.311785
Citations: [2006] EWCA Crim 448 Links: Bailii Jurisdiction: England and Wales Crime Updated: 09 November 2022; Ref: scu.259168
False accusation of rape. Citations: [2006] EWCA Crim 1743 Links: Bailii Jurisdiction: England and Wales Crime Updated: 09 November 2022; Ref: scu.259182