The defendants appealed against their convictions for rape, denying mens rea and asserting a belief (even if mistaken) that the victim had consented. Held: For a defence of mistake to succeed, the mistake must have been honestly made and need not have been reasonably held. Where a defendant had sexual intercourse with a woman without … Continue reading Regina v Morgan: HL 30 Apr 1975
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
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1. Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion by state agents into the private sphere within which they expected to be … Continue reading Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another: HL 28 Nov 2007
Psychological Obstruction to Public Footpath A public footpath crossed the appellants’ land. They constructed a gateway across it which they now accepted had been a significant obstruction of the right of way. The local authority served a notice requiring its removal, including the stone pillars erected on the path. After a failure to comply the … Continue reading Herrick and Another v Kidner and Another: Admn 17 Feb 2010
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when a conveyance into joint names indicates only that each party … Continue reading Stack v Dowden: HL 25 Apr 2007
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening. Held: An assault might consist of the making of a silent telephone call in circumstances where it causes fear of immediate and unlawful violence. The court asked how is it to be determined … Continue reading Regina v Burstow, Regina v Ireland: HL 24 Jul 1997
The House was asked to consider whether there existed the crime of a conspiracy to commit a public mischief. Held: There was no such crime, since it was so undefined as to be unfair to any defendant. Although at common law no clear distinction was originally drawn between conspiracies to ‘cheat’ and conspiracies to ‘defraud … Continue reading Director of Public Prosecution v Withers: HL 20 Nov 1974
The defendant saw disparaging statements made about him by neighbours in the course of divorce proceedings. He wrote to them and asked them to withdraw the statements they had made and threatened proceedings for slander. He was charged with attempting to pervert the course of justice. Held: A threat or promise made to a witness … Continue reading Regina v Kellett: CACD 1976
By common law police officers owe to the general public a duty to enforce the criminal law. However, police are servants of no one but the law itself, and a chief officer of police has a wide discretion as to the manner in which the duty is discharged. It is for him to decide how … Continue reading Blackburn v Commissioner of the Police for the Metropolis: CA 1968
Defendant’s death stops trial immediately At his trial for serious sexual offences, the jury passed a note to the judge saying that they had reached unanimous verdicts on several counts. The judge did not pass the note to counsel, but instead asked the jury to retire overnight to try again on the following day. Overnight, … Continue reading Turk (Deceased) v Regina: CACD 6 Apr 2017
Exercise of Ministerial Discretion The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when compared with prices paid to producers in other regions. The Minister … Continue reading Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968
Crown Privilege for Documents held by the Polie The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these were withheld on the ground of Crown privilege. The House … Continue reading Conway v Rimmer: HL 28 Feb 1968
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
A constable was 30 yards away from the entrance to a club, from which he saw a man ejected. There was a fight involving cries and screams and the man was beaten and kicked to death in the gutter outside the club. The constable made no move to . .
The Registrar of a County Court was convicted of offences of misconduct in public office. The indictment charged ‘misbehaviour in a public office, contrary to common law’ and alleged that court orders had been made ‘with the intention of gaining . .
The House was asked as to the dishonest use of a cheque card. The appellant defendant was charged and convicted on two counts of obtaining a pecuniary advantage by deception, contrary to section 16 of the 1968 Act. The Court of Appeal (Criminal . .
Lord Wilberforce said: ‘My Lords, the distinction in law between a promise as to future action, which may be broken or kept, and a statement as to existing fact, which may be true or false, is clear enough. There may be inherent in a promise an . .
There had been a collision between two ships. The plaintiff sought to have admitted in evidence a film of radar echoes recorded by a shore radio station. The defendants argued that evidence produced mechanically and without human intervention was . .
Diplock LJ said: ‘In its criminal jurisdiction, which it has inherited from the Court of Criminal Appeal, the Court of Appeal does not apply the doctrine of stare decisis with the same rigidity as in its civil jurisdiction. If upon due consideration . .
Although the criminal division of the Court of Appeal is not so strictly bound by its own previous decisions as is the civil division, its liberty to depart from precedent which it is convinced was erroneous is restricted to cases where the . .
References: (1968) 52 Cr App R 700, [1969] 1 QB 439, [1968] 3 All ER 442, [1968] EWHC 1 (QB) Links: Bailii Coram: The LCJ, James J, Bridge J (dissenting) Ratio: The defendant was told by a police officer to park up his car. He did so, but stopped with his wheel, trapping the officer’s … Continue reading Fagan v Metropolitan Commissioner; 31 Jul 1968
References: [1968] RVR 490, [1968] EWCA Civ 5, [1968] 3 All ER 304, [1968] 3 WLR 694, (1968) 19 P & CR 856, [1969] 1 QB 577 Links: Bailii Coram: Lord Denning MR, Danckwerts LJ, Edmund Davies LJ Tenants of apartments asked the Rent Officer to fix the fair rents. On appeal, the rents were … Continue reading Metropolitan Properties Company (FGC) Limited v Lannon; 11 Jul 1968
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
On a re-trial, it remains open to the judge to amend the indictment. Nothing in the Act takes away his powers to do so within the confines set out by the Act. Here a conspiracy charge had been replaced by separate charges of theft. The judge retained his powers under the Indictments Act, and this … Continue reading Regina v Hemmings; Regina v Miller; Regina v Hoines: CACD 15 Oct 1999
The defendant appealed against his conviction in 1998 of murder based on a confession said to have been made to a fellow prisoner on remand. A witness supporting that confession said after the trial that he had lied under police pressure. The appeal had been allowed, and the court now considered whether there should be … Continue reading Regina v Stone: CACD 14 Feb 2001
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 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
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 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 convictions had been referred back to the Court of Appeal in relation to various grounds, but the s.34 direction was a further ground relied on by the appellants. The Court recognised that the direction was inadequate by reference to the standards in 2006. The direction did not contain the key direction suggested to be … Continue reading Steele, Whomes and Corry , Regina v: CACD 22 Feb 2006
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 applicant appealed a conviction from 1973 for murder. The essential question was as to whether the court on an appeal was to apply the standards as at the date of the trial, or at the date of the appeal. Held: Following Pendleton, the sole criterion is what the appeal court felt about the safety … Continue reading Regina v Paul Alexander Cleeland: CACD 13 Feb 2002
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 defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal. Held: The Court of Appeal should reach its own view based on the unadorned words … Continue reading Regina v Pendleton: HL 13 Dec 2001
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
Application for leave to appeal against conviction in which the main issue concerns the powers of the Crown Court upon a retrial. Judges: Jackson LJ, Irwin J, Rook QC HHJ Citations: [2012] EWCA Crim 720, [2012] 1 WLR 3133, [2012] 2 Cr App R 13, [2012] WLR(D) 83 Links: Bailii, WLRD Statutes: Criminal Appeal Act … Continue reading PF, Regina v: CACD 15 Mar 2012
(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
Citations: [2006] EWCA Crim 3239, [2007] 1 Cr App R 31 Links: Bailii Statutes: Criminal Appeal Act 1968 29 Jurisdiction: England and Wales Criminal Sentencing Updated: 27 October 2022; Ref: scu.248242
The proviso may be applied by the Court of Appeal despite the Judge’s failure to leave the issue of provocation with the jury. As a matter of law, the court in an appropriate case might apply the proviso to section 2(1) of the Criminal Appeal Act 1968, where there had been a misdirection by a … Continue reading Regina v Cox: CACD 12 Apr 1995
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
Where, on a charge of murder, a defendant asserted his unfitness to plead, it was not possible at the hearing into that suggestion and at the same time, to attempt to decide on a plea of diminished responsibility. If there were other factual disputes as to the events these needed to be investigated at a … Continue reading Regina v Antoine: CACD 29 Apr 1999
The defendant had been wrongly convicted of IRA bombings. She said that the prosecution had failed to disclose evidence. Held: The prosecution’s forensic scientists are under a common law duty to disclose to the defence anything they may discover which may assist the defendant. ‘Non-disclosure is a potent source of injustice and even with the … Continue reading Regina v Ward (Judith): CACD 15 Jul 1992
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 crown sought to adduce additional evidence on the defendant’s appeal of the content of discussions between the defendant and a social worker from the council youth offending service. Held: The evidence should not be admitted. Such conversations were not akin to statements made during the preparation of a pre-sentence report, and were privileged. The … Continue reading H and Others v Regina: CACD 21 Dec 2018
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 defendant appealed against his conviction for murder. At trial he had pleaded provocation, but not that he suffered abnormality of mind. Subsequent evidence of his state of mind led to this referral. The court now received fresh evidence to support a defence of diminished responsibility where the issue had not been raised at trial. … Continue reading Regina v Campbell: CACD 25 Oct 1996
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe. Held: After studying the authorities at length, the court felt that the various convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996
Counsel does have a right to make 2nd application for leave to appeal. Citations: Times 23-May-1995 Statutes: Criminal Appeal Act 1968 33 Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.88147
No ‘loss of time order’ is to be made against a prisoner, once he has been granted leave to appeal by single Judge. Citations: Ind Summary 06-Mar-1995, Times 25-Jan-1995 Statutes: Criminal Appeal Act 1968 29 Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87386
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
Court of Appeal doubts wisdom of present rules for minimum sentences for mandatory life sentence. Citations: Times 12-Apr-1995 Statutes: Criminal Appeal Act 1968 Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87137
The House of Lords may itself determine the grounds of an appeal, and deal with matters undetermined by Court of Appeal. A verdict of ‘causing GBH’ (not inflicting) was not an offence unknown to law. A verdict of ‘causing GBH contrary to s20’ was wide enough to include the offence of inflicting grievous bodily harm.In … Continue reading Regina v Mandair: HL 20 May 1994
The Court heard an interim application to decide whether an appeal to the Supreme Court existed under the 2002 Act. A restraint order had been made as to the appellants assets. Held: The statutory provisions substituting the Supreme Court for the House of Lords had omitted to deal with the 2005 Order appeal provisions. Leave … Continue reading Stanford International Bank Ltd v Director of The Serious Fraud Office: SC 15 Feb 2012
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 a conviction for robbery. Two other older youths had been involved, and he claimed to have had minimal involvement and to have acted under duress. He complained that expert psychiatric evidence as to his susceptibility to duress had been excluded. On appeal, he sought the admission of the evidence under the Act. … Continue reading Regina v Siddiqi: CACD 20 Dec 2000
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
The defendant applied for leave to appeal out of time against his convictions. Held: Leave refused. The court was severely critical of the large volume of documents supplied. Citations: Times 28-Apr-2008 Statutes: Criminal Appeal Act 1968 29 Jurisdiction: England and Wales Crime Updated: 11 September 2022; Ref: scu.268791
The court was asked whether, after the appellant had been tried and convicted at the Crown Court in Coventry on 26 November 2008 of offences of sexual assault on a child under 13, the court should admit under s.23 of the Criminal Appeal Act 1968 fresh evidence that he was unfit to plead at the … Continue reading Walls, Regina v: CACD 3 Mar 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 appealed against his conviction for murder saying that at the time of the offence he suffered a paranoid psychotic illness which would have substantially impaired his mental responsibility for his acts. He was not regarded as insane as defined by the M’Naghton rules. He had been advised that he might have a defence … Continue reading Regina v Weekes: CACD 18 Feb 1999
Application by the prosecution under section 8 of the 1968 Act for leave to re-arraign D out of time. Citations: [2011] EWCA Crim 134 Links: Bailii Statutes: Criminal Appeal Act 1968 8 Jurisdiction: England and Wales Crime Updated: 01 September 2022; Ref: scu.428637
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
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
Appeal to request substitution of conviction for manslaughter for conviction for murder on grounds of diminished responsibility. Whether fresh evidence should now be admitted. Citations: [2008] EWCA Crim 923 Links: Bailii Statutes: Criminal Appeal Act 1968 23 Jurisdiction: England and Wales Crime Updated: 26 August 2022; Ref: scu.267232
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 her conviction for murder, based upon her own informal confessions to third parties. Held: The appeal was dismissed. There were proper reasons choices made at trial about what evidence should be put forward, and what challenged, and: ‘the new expert evidence, whilst it adds detail and some fresh assessment to the … Continue reading Kenyon v Regina: CACD 11 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
A prisoner escaped, and on recapture was sentenced for the escape, and ordered under the section to complete the remaining part of his sentence. Held: The prisoner was not subject to the provisions regarding return of a prisoner who had been given early release under the statutory scheme. The return part of the order was … Continue reading Regina v Matthews: CACD 25 Feb 2002
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
Judges: Pill LJ, King J, Same Heather Steele Citations: [2008] EWCA Crim 1870, [2008] MHLR 202 Links: Bailii Statutes: Child Abduction Act 1984, Criminal Appeal Act 1968 6 Criminal Practice, Health Updated: 13 August 2022; Ref: scu.396434
The applicant had sought and been refused legal aid to support legal representation at a full oral hearing on her renewed application for leave to appeal against her conviction. She argued that the refusal of legal aid denied her human rights. Held: The legal aid system assisted her at trial, on advice with regard to … Continue reading Regina v Oates: CACD 25 Apr 2002
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 defendants had been separately convicted of murder several years ago. They sought the quashing of the convictions and substitution of convictions for manslaughter on the grounds of diminished responsibility. Held: The appeal of Erskine succeeded, but that of Williams failed. In the first case there had been evidence to support the defence now promoted. … Continue reading Erskine, Regina v; Regina v Williams: CACD 14 Jul 2009
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
