Challenge by a surety to an estreatment of his recognizance was not a matter relating to a trial on indictment for the purpose of section 29(3) because it did not affect the conduct of the trial. A sensible legislative purpose can be seen for excluding appeal or judicial review of any decision affecting the conduct … Continue reading In re Smalley: HL 1985
Medical evidence available at the time of the trial of the defendant for murder had been against diminished responsibility but there was said to be fresh evidence in favour of it now available for the appeal. Held: ‘In the view of this Court, cases must be rare indeed when the defence have chosen to run … Continue reading Regina v Dodd: CACD 10 Jun 1971
Where fresh evidence from a witness who was not available for the trial is sought to be adduced on an appeal, the evidence must also include evidence or explanation as to the background of the new evidence or change in evidence. Citations: Times 09-May-2000 Statutes: Criminal Appeal Act 1968 23 Criminal Evidence, Criminal Practice Updated: … Continue reading Regina v James (Walter): CACD 9 May 2000
In appropriate cases, a defect in the trial which made that trial unfair, could be remedied on appeal by that court considering all the evidence available to it. It was recognised that this would trespass on the responsibilities of the jury, but if the court considered that, in the light of all the evidence including … Continue reading Regina v Craven: CACD 12 Apr 2001
The defendant appealed his conviction for murder wishing to bring in evidence of his diminished responsibility at the time of the offence. Held: The evidence was admitted, but the conviction was upheld. The court took the opportunity to give guidance on the admission of new medical evidence procedures in court of appeal with new Act. … Continue reading Regina v Jones (Steven Martin): CACD 23 Jul 1996
The court considered its power on allowing an appeal after a plea of guilty to substitute a conviction for an appropriate lesser offence. Held: Hughes LJ said that section 3A of the 1968 Act imposed a two stage test. The court considering substitution had to ask: (1) could the jury have convicted on the trial … Continue reading Ramzan and Others, Regina v: CACD 21 Jul 2006
The court was asked as to as to the circumstances in which s.23 of the 1968 Act applies to fresh evidence or other information which an appellant may seek to adduce before this court on an appeal against sentence. Held: The rules applicable to the admission of fresh evidence under sectio 23 apply also to … Continue reading Rogers, Regina v: CACD 1 Jul 2016
The defendant, with learning difficulties had been subject to a cross examination described as akin to a closing speech. He appealed from conviction, saying that the court had given insufficient consideration to his disability, making the conviction unfair. Held: The appeal succeeded. The impression created by the defendant was crucial to his defence, and the … Continue reading Jones, Regina v: CACD 21 Dec 2018
The Court of Appeal has power to receive and call for additional evidence in interests of justice, and even though it had been ruled inadmissible at the trial if was relevant. Gazette 29-Nov-1995, Ind Summary 06-Nov-1995 Criminal Appeal Act 1991 23(1), Criminal Appeal Act 1968 23(1) England and Wales Criminal Evidence, Criminal Practice Updated: 08 … Continue reading Regina v Gilfoyle: CACD 6 Nov 1995
Reference by the Registrar under section 20 of the Criminal Appeal Act 1968 in respect of an application for leave to appeal which the Registrar has referred to us on the basis that we should consider the case to see if we should summarily dismiss it as an appeal which is frivolous or vexatious and … Continue reading McCook, Regina v: CACD 10 Apr 2014
The Court was asked as to the powers of the Court of Appeal Criminal Division to re-open an appeal to correct an error which is said to have caused real injustice in that the error led to the quashing of a sentence lawfully imposed in the Crown Court. The court had quashed a conviction based … Continue reading Yasain, Regina v: CACD 16 Jul 2015
The plaintiff had been convicted of several counts of receiving stolen goods and sentenced to six years’ imprisonment. He had appealed to the Court of Appeal on the ground that he had been convicted on the basis of evidence in statement form given by witnesses from New Zealand. His appeal failed. Some time later his … Continue reading Bateman and Howse, Regina (on the Application Of) v Secretary of State for the Home Department: CA 17 May 1994
These applications raise yet again the question of when it is appropriate to make a loss of time order. Held: ‘the only means the court has of discouraging unmeritorious applications which waste precious time and resources is by using the powers given to us by Parliament in the Criminal Appeal Act 1968 and the Prosecution … Continue reading Gray and Others, Regina v: CACD 7 Oct 2014
The defendant appealed a conviction for the attempted murder of his wife. It had been said that he had killed her, then set fire to the house. She gave evidence in his defence, but certain parts of her evidence were excluded. She had suffered retrograde amnesia, and had sought counselling help to recover her memory. … Continue reading Regina v Tully: CACD 25 Jan 2002
[1997] Crim LR 649 Criminal Appeal Act 1968 20 England and Wales Cited by: Cited – Achogbuo, Regina v CACD 19-Mar-2014 The Court considered a renewed application for leave to appeal which the Registrar had considered to be without merit and was referred under section 20 of the 1968 Act. Held: The reference had been … Continue reading Regina v Taylor: 1997
The court exercised its rights under section 20 to penalise solicitors pursuing vexatious appeals. Lord Thomas of Cwmgiedd, Griffith Williams J, Goss QC [2013] EWCA Crim 2424 Bailii Criminal Appeal Act 1968 20 England and Wales Cited by: Cited – Achogbuo, Regina v CACD 19-Mar-2014 The Court considered a renewed application for leave to appeal … Continue reading Regina v Davis and Thabangu: CACD 5 Dec 2013
The Court considered a renewed application for leave to appeal which the Registrar had considered to be without merit and was referred under section 20 of the 1968 Act. Held: The reference had been properly made. The application for extension of time waas frivolous and vexatious and contained serious non-disclosure. As to ath eallegation of … Continue reading Achogbuo, Regina v: CACD 19 Mar 2014
Application for leave was not itself an appeal. The court considered what was meant by ‘substantial injustice’ after conviction after refusal of leave to appeal. Held: The challenges failed. The court did not have jurisdiction to make the order sought. The section dealt with an appeal from any decision of the Court of appeal on … Continue reading Garwood and Others, Regina v: CACD 22 Feb 2017
The defendant had had his conviction for murder set aside after a finding of gross prosecutorial misconduct by the police. The Court was now asked as to the propriety of the order for a retrial. The police involved in the case had misled the CPS, the defence and the Court as to benefits provided to … Continue reading Maxwell, Regina v: SC 20 Jul 2011
The defendant had succeeded in his appeal against a rape conviction. After the case, and his release, the prosecution sought a retrial. The defendant now argued that the court was functus officio. Held: An order on an appeal becomes final when it is recorded by the proper officer of the court of trial. As the … Continue reading Blackwood, Regina v: CACD 5 Mar 2012
An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order could properly be made, and said that in any event it should be discharged. Held: … Continue reading Attorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order: HL 17 Jun 2009
Complaint was made that the defendant newspapers were in contempt of court in publishing on their respective web-sites showing the defendant in the criminal trial brandishing a gun, and claiming that he was boasting of his involvement. Held: The defendants were guilty of the offence. The defendant argued that the site was so organised that … Continue reading Attorney General v Associated Newspapers Ltd and Another: Admn 3 Mar 2011
Good Reason to Pursue Second Appeal The appellants had been convicted of fraud against the Post Office. The Criminal Cases Review Commission referred their convictions on two grounds, namely abuse of process for the inability to provide a fair trial, and that the trial was an affront to the conscience of the court. The first … Continue reading Hamilton and Others v Post Office Ltd: CACD 15 Jan 2021
The defendant pharmacist faced a charge of supplying a medicinal product with a misleading label, an offence under section 85 of the 1968 Act. Working as a locum in a busy supermarket pharmacy she had signed off a mislabelled prescription. The patient ended up in hospital. After directions as to the law, she pleaded guilty. … Continue reading Regina v Lee: CACD 24 Jun 2010
The court considered whether the trial court had correctly identified the test for fitness to plead. Held: The appeal was allowed: ‘Once the issue of fitness to plead has been raised it must be determined. In this case, the judge explicitly found that the appellant had been fit to participate in his trial up to … Continue reading Orr, Regina v: CACD 7 Jul 2016
Whether the judge below was wrong to extend, by a further 10 years, a restraining order imposed following the Appellant’s conviction in 2010, in circumstances where no breach of the order had occurred during the intervening period. . .
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only late, but there was no conflict over police evidence. In Green the victim was … Continue reading Regina v Abdroikof, Regina v Green; Regina v Williamson: HL 17 Oct 2007
The defendants appealed their sentences after findings of guilt for blackmail, arising from their activities as wheel clampers. The judge said that blackmail is an ugly, serious offence. Both of the appellants knew full well what they were doing. He described how they dealt with motorists in an arrogant, bullying and abhorrent manner. Held: The … Continue reading Havell, Regina v: CACD 10 Mar 2006
The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial. Held: The appeal failed. … Continue reading Regina v Cotter and Others: CACD 10 May 2002
The case was a reference from the Criminal Cases Review Commission. The defendants had been convicted in 1990 of murder. The House of Lords had dismissed an earlier appeal. Police officers had allowed statements to be put forward which were false in critical aspects, and had threatened witnesses to avoid their attendance at court. Held: … Continue reading Poole and Mills v Regina: CACD 17 Jun 2003
The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction. Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his ruling upon that is final and can properly be challenged by way of case stated … Continue reading Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007
Appeal from conviction of fraud – material provided to the jury after retirement which had not been used during the trial and made available to be challenged. Held: Conviction set aside: ‘For the jury to use the extraneous material provided after their retirement (i.e. the sample of further cheques) in order to compare handwriting so … Continue reading Cadman v Regina: CACD 3 Jul 2008
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
There was an agreement between a group of colliery owners and a group of shipowners which was ancillary to an agreement between the colliery owners themselves. Each agreement was in restraint of trade. Held: Lord Parker explained the doctrine of restraint of trade: ‘Monopolies and contracts in restraint of trade have this in common, that … Continue reading Attorney General of the Commonwealth of Australia v Adelaide Steamship Company: PC 1913
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010
The defendant sought to defend the claim for defamation by claiming fair comment. The claimant said that the relevant facts were not known to the defendant at the time of the publication. Held: To claim facts in aid of a defence of fair comment, it would make no sense if those facts were not known … Continue reading Lowe v Associated Newspapers Ltd: QBD 28 Feb 2006
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances in the appearance of the sides of playing cards, and the manipulation of … Continue reading Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017
The trial judge had omitted to give a rape jury any direction on the standard of proof. Held: The court regarded that as a serious defect, not cured by references in the speeches of counsel, but applied the proviso to the section so as to allow the conviction to stand. Citations: (1983) 77 Cr App … Continue reading Regina v Edwards: 1983
The court considered whether certain conduct, part of which took place in Ghana, would, mutatis mutandis , have constituted an offence over which the English court had jurisdiction. Held: ‘Where a deception is made in this country, but the property is obtained outside the jurisdiction, there is no offence under the English law either under … Continue reading Governor of Pentonville Prison ex parte Khubchandani: QBD 1980
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 … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The defendant appealed his conviction of possession of indecent photographs or pseudo-photographs of children. The images had been deleted, and were irrecoverable, but they had originally been viewed through a program which created a smaller additional image for each original. Though the thumbnail images were no longer accessible without the original, they remained on the … Continue reading Porter, Regina v: CACD 16 Mar 2006
Liability Orders were made against the appellant in respect of non-domestic rates in respect of two properties. The orders were made in the absence of the appellant or any representative. Application for judicial review was made to re-open the hearing. Held: Though magistrates may have jurisdiction to re-open a criminal case, there was no corresponding … Continue reading Mathialagan, Regina (on the Application of) v London Borough of Southwark and Another: CA 13 Dec 2004
The plaintiffs claimed large-scale copyright infringement, and obtained Anton Pillar orders. The House considered the existence of the privilege against self-incrimination where the Anton Piller type of order has been made. The Court of Appeal had decided that the court should abstain from making an order ex parte requiring immediate answers to interrogatories or disclosure … Continue reading Rank Film Distributors v Video Information Centre: HL 1 Mar 1981
‘1. The Court of Appeal should concentrate on the single and simple question ‘does it think that the verdict is unsafe’. 2. This exercise does not involve trying the case again. Rather it requires the court, where conviction has followed trial and no fresh evidence has been introduced on the appeal, to examine the evidence … Continue reading Regina v Pollock: CANI 24 Sep 2004
The hearing was a third appeal upon a reference by the Commission on the defendant’s conviction for murder. Held: Auld LJ said that the court’s jurisdiction and a duty on a reference, as in an ordinary appeal, is to consider the safety of the conviction. Section 9(2) of the 1995 Act provides that a conviction … Continue reading Thomas, Regina v: CACD 26 Apr 2002
The appellants had pleaded guilty to an offence of burglary. The building was a dwelling, but the though the indictment did not refer to that element, they had been sentenced on the basis that it was a dwelling. After plea, the judge had vacated the plea and redrawn the indictment. Held: The appeals failed. There … Continue reading Love and Another, Regina v: CACD 13 Feb 2013
The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006
The claimant had sued the defendant for non-payment under a cheque for andpound;2 million. The cheque had been issued to replace earlier cheques given but not met, for sums staked for gambling at the claimant’s casino. The defendant said that the contract breached the prohibition of credit for gambling. Held: The defendant appealed against summary … Continue reading Aspinall’s Club Ltd v Al-Zayat: CA 19 Oct 2007
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
(Trinidad and Tobago) The defendant sought leave to appeal against his conviction for murder, with the death penalty mandatory sentence. He was of severely low intelligence. Held: The appeal against conviction would not be allowed. Settled law showed that he was not unable to assist and contribute to his defence. However the question of whether … Continue reading Taitt v The State: PC 8 Nov 2012
The court had allowed an appeal against sentence; but later the same day the defendant was brought back because the court thought that he had not been frank in answering questions about another offence. Held: The court set aside its original judgment and directed a rehearing, at which it was held that there was indeed … Continue reading Regina v Cross (Patrick): CACD 1973
Four defendants appealed against convictions for child sex abuse. The convictions had taken place at a time when current guidance to examining physicians did not apply. In each case the defendants consented to new evidence from the prosecution. Held: According to the circumstances, three appeals were allowed but one was not. Judges: Rafferty DBE LJ, … Continue reading S and Others v Regina: CACD 28 Jun 2012
There is no rule of law to say that an inadequate corroboration direction makes the use of the proviso wrong. Citations: Ind Summary 21-Feb-1994, Times 16-Mar-1994 Statutes: Criminal Appeals Act 1968 2(1) Jurisdiction: England and Wales Criminal Practice Updated: 26 October 2022; Ref: scu.87096
It was inadmissible that a person was an addict without direct knowledge of that fact in the witness or of a conviction. Citations: Times 27-Apr-1993 Statutes: Criminal Appeals Act 1968, Police and Criminal Evidence Act 1984 78(1) Jurisdiction: England and Wales Criminal Evidence Updated: 25 October 2022; Ref: scu.87652
An appeal against an ‘in camera’ crown court order to the Court of Appeal is to be on paper submissions. The court set out the procedure on appeal against order for a trial to be held in camera. These rules were not ultra vires. Even though the appeal ‘shall’ be determined without a hearing, written … Continue reading Re Guardian Newspapers and Others: CACD 20 Sep 1993
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad. Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and Wales. The correct rule was that before an English court could try an offence it was necessary, … Continue reading Regina v Manning: CACD 24 Jun 1998
The court set out the sentencing considerations for firearms offences in the light of an increase of the use of guns. Held: The level of sentencing had not sufficiently reflected the gravity of such offences. After the 1994 Act, earlier sentencing cases were not reliable as a guide. The applicable principles are: ‘(1) What sort … Continue reading Regina v Avis, T and others: CACD 16 Dec 1997
The court reviewed sentencing levels for domestic burglary. Such cases must always be very serious, but individual cases varied almost infinitely. After a trial an adult defendant could expect a sentence of three years’ imprisonment for burglary of an unoccupied dwelling.Six appeals against sentence following pleas of guilty to offences of domestic burglary. Citations: Times … Continue reading Brewster, Regina v: CACD 27 Jun 1997
Fresh counsel instructed by McGregor on appeal alleged incompetence on the part of trial counsel. Held: Where a fresh advocate is instructed to advance an application for leave to appeal based on the conduct of the trial, s/he should consider very carefully whether it is necessary to contact the trial lawyers and or advise their … Continue reading Regina v Doherty and McGregor: CACD 1997
The defendant appealed against her conviction and sentence. The court had refused to admit medical evidence that she might be unfit to continue her trial. Held: It would be rare to admit evidence which might support a Ghosh direction. The appeal failed. Judges: Lord Bingham LCJ, Hidden J, Holland J Citations: [1997] EWCA Crim 53 … Continue reading Regina v Awoyomi: CACD 14 Jan 1997
The appellant had been acquitted of rape, but convicted of indecent assault. Held: ‘It did not follow that because the jury must have disbelieved a witness or rejected his or her evidence with the result that it acquitted on one count, it was necessarily acting irrationally to rely on the evidence of the same witness … Continue reading Regina v Van Der Molen: CACD 20 Feb 1997
After Court of Appeal’s direction for re-trial expedition was necessary from the prosecution. Citations: Times 28-Feb-1995 Statutes: Criminal Appeals Act 1968 8(1) Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.87395
A confiscation order was quashed when the defendant died after lodging his appeal. The new evidence was untested. Citations: Times 16-May-1996, [1996] EWCA Crim 365 Links: Bailii Statutes: Drug Trafficking Offences Act 1968 17(1)(A) Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.87037
The Attorney-General appealed against a sentence of six years imposed for several prohibited firearms possession offences. The defendant was looking after items which he understood to be illegal, but whose exact nature he did not know. He had been sentenced as a ‘minder’, not an armourer. Held: The sentence was unduly lenient, and was increased … Continue reading Ralphs, Regina v: CACD 3 Dec 2009
The defendant appealed against his conviction for assault saying that he was so intoxicated on drink and drugs at the time that he did not have mens rea. Held: The appeal failed. The court certified a question for the House of Lords namely: ‘Whether a defendant may properly be convicted of assault notwithstanding that, by … Continue reading Director of Public Prosecutions v Majewski: CACD 1975
Four appeals and one renewed application for leave to appeal against sentence have been listed together to enable the Court to consider the proposal of the Sentencing Advisory Panel, in their advice to this Court in March 2001, that sentencing guidelines should be framed in relation to offences of handling dishonestly obtained goods, contrary to … Continue reading Webbe and Others, Regina v: CACD 2 May 2001
Damages were claimed after claimant alleged involvement by the defendant in the murder of the deceased. The defendant had been tried and acquitted of murder and manslaughter, but the allegation was now pursued. The defendant had since failed to co-operate with the court. Held: The defendant’s acquittal was not conclusive. The standard in a civil … Continue reading Raja v Van Hoogstraten: ChD 19 Dec 2005
The defendants appealed against a refusal to allow them to amend their pleadings. They wished to include allegations as to matters which were unknown to the journalist at the time of publication. Held: It is necessary for the defendants to establish that they had a duty to publish the article if they are to be … Continue reading Loutchansky v Times Newspapers Limited (No 2): CA 12 Mar 2001
The claimant, a professional gambler, sued the defendant casino for his winnings. The club replied that the claimant’s methods amounted to a form of cheating, and that no liability arose to pay the winnings. Held: The claim failed. ‘The fact that the claimant is genuinely convinced that he is not a cheat and even that … Continue reading Ivey v Genting Casinos UK Ltd (T/A Crockfords Club): QBD 8 Oct 2014
Section 17 is not to be reduced in the requirements of the offence. Knowledge of the purpose of a document is not an element required to be proved. Citations: [1981] 1 WLR 34, (1981) 72 Cr App R 60 Statutes: Theft Act 1968 17 Jurisdiction: England and Wales Cited by: Cited – Regina v Graham, … Continue reading Attorney General’s Reference (No 1 of 1980): CACD 1981
The defendant appealed against his conviction. He had not been represented at trial, and several objections were taken to the conduct of the case, and in particular that prosecuting counsel had made a closing address, and that he had not been allowed to transfer his legal aid order to a different firm of solicitors. Held: … Continue reading Rabani, Regina v: CACD 21 Aug 2008
These two appeals raised issues as to the evidence or other information which a sentencing court and this court should receive and take into account when the issue of dangerousness is being considered for the purposes of imprisonment for public protection under the 2003 Act. Held: The exception allowing such evidence is strictly limited. It … Continue reading Beesley and Another, Regina v: CACD 18 Apr 2011
The accused dishonestly falsified a number of insurance cover notes which were said to be documents required for an accounting purpose, namely, those of the persons who had sought cover and to whom the cover notes were forwarded. The accused ran his own maritime insurance business, obtaining instructions from a number of clients to place … Continue reading Regina v Manning: CACD 23 Jul 1998
The defendant, then 22 had a history of disturbed childhood, sexual abuse and outpatient mental health treatment together with one instance when he was sectioned following a suicide attempt. On the undisputed psychiatric evidence he suffered from a schizotypal disorder as well as an emotionally unstable personality disorder. He was obsessed with witchcraft and Satanist … Continue reading Brennan v Regina: CACD 21 Nov 2014
Appeal from sentence of five years for possession of sawed off shotgun. Citations: [2009] EWCA Crim 456, [2009] 2 Cr App Rep (S) 92 Links: Bailii Statutes: Firearms Act 1968 Jurisdiction: England and Wales Criminal Sentencing Updated: 29 August 2022; Ref: scu.384369
The AG argued that the sentences imposed for conspiracy to possess and distribute prohibited firearms and ammunition, and conspiracy to convert into firearms. They had been produced to sell to drugs dealers to pay of drugs debts. The Crown argued that an effective minimum sentence of five years applied. Held: It was not unusual to … Continue reading Attorney General’s Reference No 48 and 49 of 2010: CACD 20 Oct 2010
The appellants challenged their convictions for murder. The convictions had been based substantially upon the evidence of a co-accused who had admitted his part. They now challenged the admission by way of support of the evidence of the co-defendant of medical opinion as to his reliability, where the doctor had not physically examined the witness. … Continue reading Pinfold, Mackenney v Regina: CACD 15 Dec 2003
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history showed an anomalous bringing together of different, and conflicting strands … Continue reading Regina v K: HL 25 Jul 2001
The defendants were senior executives of BA. They made interlocutory appeals while undergoing trials for alleged price fixing under section 188 of the 2002 Act. The judge had ruled that the prosecutor need prove dishonesty only as against the defendants, and need not do so as against other parties to the transactions (similar officers of … Continue reading Regina v George and Others: CACD 28 May 2010
The defendant appealed against a confiscation order after his conviction for obtaining a mortgage advance by fraud. Though he had obtained 450k, the house he had purchased had increased considerably in value. The original loan had been repaid in full on a remortgage. The judge had made an order for confiscation at the now substantally … Continue reading Waya, Regina v: CACD 25 Mar 2010
The claimant (then known as LNS) had obtained an injunction to restrain publication of private materials. Held: There was insufficient material to found an action in confidence or privacy. An applicant was unlikely to succeed either at an interim application or at trial, whether under the law of defamation or the law of privacy, where, … Continue reading Terry (previously LNS) v Persons Unknown: QBD 29 Jan 2010
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002
The defendants were to be tried for allegedly sending funds abroad to support terrorism. The court now considered the meaning of the phrase ‘reasonable cause to suspect’ in the context of the anticipated use of the funds: ‘Does it mean that the accused must actually suspect, and for reasonable cause, that the money may be … Continue reading Lane and Another, Regina v: SC 11 Jul 2018
The defendant appealed against her conviction for aggravated vehicle taking. She was found near the scene of a road traffic accident involving a stolen car, and her fingerprint on an inside rear window. She submitted that the officers had asked as to her involvement at a time when she was already a suspect, and that … Continue reading Hughes v Director of Public Prosecutions: Admn 12 Oct 2009
The Trust appealed against a sentence imposed under the 1968 Act after a staff member supplied a prescription not of the quality specified in the prescription. Held: The fine was reduced. Where a body existed on a non-profit public service basis, and delegated its duties to properly qualified and trained staff, the court should acknowledge … Continue reading Guy’s and St Thomas’ NHS Trust, Regina v: CACD 2 Oct 2008
The claimant had been imprisoned then released after his conviction for sexual assaults. He appealed against rejection of his claim for compensation. The criterion for compensation was demonstrating that something had ‘gone seriously wrong in the conduct of the trial.’ Held: The claim failed. ‘a true analysis of the law is in any event less … Continue reading Siddall, Regina (on the Application of) v Secretary of State for Justice: Admn 16 Mar 2009
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it would be. Held: (Baroness Hale of Richmond dissenting) The appeal succeeded: ‘the Crown’s principal … Continue reading Saik, Regina v: HL 3 May 2006
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures. Held: Documents showed a readiness in the defendant to seek to manipulate the claimant through threats … Continue reading McKennitt and others v Ash and Another: QBD 21 Dec 2005
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference. Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there … Continue reading AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004
Harassment to Criminal Level needed to Convict The claimant had been a customer of the defendant, but had moved to another supplier. She was then subjected to a constant stream of threatening letters which she could not stop despite re-assurances and complaints. The defendant now appealed against a refusal to strike out the claim of … Continue reading Ferguson v British Gas Trading Ltd: CA 10 Feb 2009
The House considered what was the appropriate test for allowing a conviction to stand despite the finding of an irregularity in the trial. Held: The House must be satisfied that there was ‘a situation a reasonable jury, after being properly directed, would, on the evidence properly admissible, without doubt convict.’ Assuming the wrong direction on … Continue reading Stirland v Director of Public Prosecutions: HL 1944
The claimant was stood at her door when she was taken by police officers, an armed gun pointed at her, laid on the ground and her hands bound. She was held for fifteen minutes. She was entirely innocent, but the officers were looking for armed suspects. She complained that the defendant had not dealt with … Continue reading Dennis, Regina (on the Application of) v Independent Police Complaints Commission: Admn 6 May 2008
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The two defendants appealed against sentences for being involved in importation of drugs. They said that they had assisted the police. Held: The Court of Appeal Criminal Division is, in relation to sentencing, a court of review. Its function is to review sentences passed below, and not to conduct a sentencing hearing. Judges: Lord Bingham … Continue reading A and B, Regina v: CACD 23 Apr 1998
The claimant appealed from the refusal by the magistrate to issue summonses for the prosecution for blashemous libel of the Director General of the BBC and the producers of a show entitled ‘Jerry Springer – The Opera.’ Held: The gist of the crime of blasphemous libel is material relating to the Christian religion, or its … Continue reading Green, Regina (on the Application of) v The City of Westminster Magistrates’ Court, Thoday, Thompson: Admn 5 Dec 2007
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence. Held: The claim was struck out. In effect this was an application for … Continue reading Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, it would be open to the Court to receive closed material disclosed only to the court and a … Continue reading Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018