Search Results for: Crime

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Bolton, Regina v: CACD 13 May 2021

Appeal against conviction brought with the leave of the full court and which depends upon the admission of fresh evidence pursuant to section 23 of the 1968 Act. Judges: Macur LJ Citations: [2021] EWCA Crim 689 Links: Bailii Statutes: Criminal Appeal Act 1968 23 Jurisdiction: England and Wales Crime Updated: 21 January 2023; Ref: scu.662500

Ministry of Justice (Central Government): ICO 17 Oct 2022

The complainant requested information about 20 cases listed on the Court Funds Office’s Unclaimed Balances index. The Ministry of Justice (the ‘MOJ’) provided the requested court locations but refused to provide the court claim/case numbers, citing both section 32 of FOIA (the exemption for court records) and 40 (the exemption for personal information). During the … Continue reading Ministry of Justice (Central Government): ICO 17 Oct 2022

The King v Pilkington And Shute and co: 1728

An information was brought against the defendants for a riot in soliciting an assembly, and contributing a poll for the sheriff, and co. Citations: [1728] EngR 472, (1728) Skin 117, (1728) 90 ER 55 Links: Commonlii Jurisdiction: England and Wales Crime Updated: 31 December 2022; Ref: scu.388805

Lovett v Wigan Borough Council: CA 16 Dec 2022

Re Breaches of ASBIs Judges: Lord Justice Stuart Smith Lord Justice Birss And Lord Justice Edis Citations: [2022] EWCA Civ 1631, [2022] WLR(D) 507 Links: Bailii, WLRD Statutes: Anti-Social Behaviour, Crime and Policing Act 2014 Jurisdiction: England and Wales Contempt of Court Updated: 31 December 2022; Ref: scu.683991

Richards v Rex: CACD 8 Nov 2022

Appeal against conviction and sentence – 3 counts of rape, inflicting grievous bodily harm, assault occasioning actual bodily harm, and controlling or coercive behaviour in family relationship. Judges: Lady Justice Carr Mr Justice Cavanagh And His Honour Judge Flewitt KC Citations: [2022] EWCA Crim 1470 Links: Bailii, Judiciary Jurisdiction: England and Wales Crime Updated: 28 … Continue reading Richards v Rex: CACD 8 Nov 2022

Carroll v Director of Public Prosecutions: Admn 4 Mar 2009

The defendant appealed against his conviction for being drunk and disorderly. He had been drinking and ran at a car, rolling over the bonnet. He said it was a mere act of bravado before his friends. Judges: Goldring LJ, Sweeney J Citations: [2009] EWHC 554 (Admin), (2009) 173 JP 285 Links: Bailii Statutes: Criminal Justice … Continue reading Carroll v Director of Public Prosecutions: Admn 4 Mar 2009

Hertfordshire Oil Storage Ltd v Regina: CACD 16 Mar 2010

Liable Operator was the person noified The company, a joint venture enterprise, appealed against a refusal to stay prosecutions for various infringements when a fuel depot they were said to control (the Buncefield oil terminal) exploded. The company denied that they were the operator as required within the law. Held: The operator was the person … Continue reading Hertfordshire Oil Storage Ltd v Regina: CACD 16 Mar 2010

Ikea Ltd and Others v Brown and Others: ComC 7 May 2009

Action short of standard for malicious prosecution The claimants alleged a fraud by the eight defendants. The sixth defendant counterclaimed for damages alleging malicious prosecution. The claimant sought the strike out of the counterclaim. Held: The allegations failed insofar as they related to the institution of civil proceedings. As to the criminal proceedings: ‘it is … Continue reading Ikea Ltd and Others v Brown and Others: ComC 7 May 2009

W, Regina (on the Application Of) v Director of Public Prosecutions: Admn 8 Jun 2005

The defendant appealed a conviction for breaching an anti-social behaviour order. The order had prohibited him from committing any criminal act. It was now challenged as being too wide a prohibition. Held: ‘The defendant had already been placed under five carefully tailored restrictions, which were appropriate to combat the kind of anti-social nuisance he had … Continue reading W, Regina (on the Application Of) v Director of Public Prosecutions: Admn 8 Jun 2005

Regina v Criminal Injuries Compensation Board Ex Parte Cook: CA 22 Dec 1995

Where the board was refusing an application, it need not set out every matter which it had taken into account. Citations: Times 22-Dec-1995, [1996] 2 All ER 144, [1996] 1 WLR 1037 Jurisdiction: England and Wales Cited by: Cited – Regina on Application of M v Criminal Injuries Compensation Appeals Panel Admn 31-Aug-2001 The complainant … Continue reading Regina v Criminal Injuries Compensation Board Ex Parte Cook: CA 22 Dec 1995

Fedorowicz v Prosecutor General’s Office (Lithuania): Admn 2 Dec 2022

Statutory interpretation concerning a provision of domestic criminal legislation: section 45(7)(b) of the Serious Crime Act 2015 Judges: Mr Justice Fordham Citations: [2022] EWHC 3088 (Admin) Links: Bailii Statutes: Serious Crime Act 2015 45(7)(b) Jurisdiction: England and Wales Extradition Updated: 20 December 2022; Ref: scu.683890

Regina v Ibrar: CACD 3 Apr 2014

Appeals against conviction consequent upon a reference by the Criminal Cases Review Commission under section 9 of the Criminal Appeal Act 1995, on the basis that significant material has come to light capable of undermining the credibility of the complainant. Citations: [2014] EWCA Crim 953 Links: Bailii Jurisdiction: England and Wales Crime Updated: 12 December … Continue reading Regina v Ibrar: CACD 3 Apr 2014

Director of Public Prosecutions v Brooks: PC 1974

The defendant appealed against a conviction for the possession of drugs. Held: ‘In the ordinary use of the word ‘possession’, one has in one’s possession whatever is, to one’s knowledge, physically in one’s custody or under one’s physical control.’ Judges: Lord Diplock Citations: [1974] AC 862, (1974) 59 Cr App R 185, [1974] 2 All … Continue reading Director of Public Prosecutions v Brooks: PC 1974

Kumar v Commissioner of Police of the Metropolis: CA 31 Jan 1995

The claimant complained that in instituting and continuing a patently hopeless prosecution for rape, based only on the evidence of a woman who had made repeated false allegations of rape, the police had acted in breach of a duty of care to him. Held: The claimant’s appeal against the striking out of his claim failed. … Continue reading Kumar v Commissioner of Police of the Metropolis: CA 31 Jan 1995

Dyer v Munday; Morris v Martin: CA 1895

The defendant, a hire purchase furniture dealer, sent his manager to recover back some furniture hired to X and upon which several instalments were unpaid. X had pledged the furniture to his landlord as security for his rent, and the landlord’s wife sought to prevent the manager from removing the furniture. The manager assaulted her … Continue reading Dyer v Munday; Morris v Martin: CA 1895

Regina on Application of M v Criminal Injuries Compensation Appeals Panel: Admn 31 Aug 2001

The complainant had suffered repeated acts of sexual abuse as a child including acts of penetration. She sought compensation under the scheme, but was initially refused on the basis that it was not a crime of violence, then later awarded pounds 2,000. Later again, the Panel agreed to make a payment but reduced it because … Continue reading Regina on Application of M v Criminal Injuries Compensation Appeals Panel: Admn 31 Aug 2001

Regina (on the Application of) Snelgrove v the Crown Court at Woolwich, and the Crown Prosecution Service: Admn 29 Sep 2004

The claimant awaited trial for GBH. The claimant sought judicial review of directions given for 1) to direct disclosure of material to the claimant; 2) to adjourn the application to enable him to call oral evidence; 3) to consider any material outside the copy witness statements relied upon by the prosecution; and 4) to dismiss … Continue reading Regina (on the Application of) Snelgrove v the Crown Court at Woolwich, and the Crown Prosecution Service: Admn 29 Sep 2004

Home Office (Central Government): ICO 1 Mar 2022

The complainant has requested, from the Home Office, information about aerial surveillance of migrants. The Home Office provided a copy of a contact, withholding some content under sections 40(2) (Personal information) and 43(2) (Commercial interests) of FOIA. At a late stage, it added reliance in sections 31(1)(a) (Prejudice to prevention or detection of crime) and … Continue reading Home Office (Central Government): ICO 1 Mar 2022

Kasperbauer; Griffith v Griffith; Havens; Zorab and Griffith: CA 21 Nov 1997

Citations: [1997] EWCA Civ 2785 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 against crime, … Continue reading Kasperbauer; Griffith v Griffith; Havens; Zorab and Griffith: CA 21 Nov 1997

Rafiq v Director of Public Prosecutions: QBD 1997

The court heard an appeal from conviction of an offence under section 3. Held: The court referred to Bezzina.Popplewell J dissented from the approach in Bezzina, saying: ‘It seems to me that in order to impose some logic in this case the proper way to approach these cases is to take the view that if … Continue reading Rafiq v Director of Public Prosecutions: QBD 1997

United States of America v Dempsey: Admn 6 Jul 2018

Crime – Common law offence – Perverting course of justice – Requirements of offence – Whether committed by lying to police Judges: Gross LJ, William Davis J Citations: [2018] EWHC 1724 (Admin), [2018] 1 WLR 110, [2018] WLR(D) 420 Links: Bailii, WLRD Jurisdiction: England and Wales Cited by: Cited – Regina v Metcalf, Denton, Foster … Continue reading United States of America v Dempsey: Admn 6 Jul 2018

Bank Mellat v Her Majesty’s Treasury: CA 23 Oct 2015

Bank entitled to information needed for defence Application to set aside the directions contained in two statutory instruments. The measures were ‘highly restrictive . . with very serious effects’. The court considered the procedures for the use of closed material and whether the claimant bank had been entitled to the gist of the allegations against … Continue reading Bank Mellat v Her Majesty’s Treasury: CA 23 Oct 2015

Regina v Griffiths and Others: CCA 1965

A supplier of lime and his employee were accused of conspiring with seven farmers to defraud the Ministry by submitting excessive subsidy claims. They were also charged with fraudulently obtaining money from the Ministry. There was no evidence that any of the farmers was aware of the arrangements being made between the principal defendant and … Continue reading Regina v Griffiths and Others: CCA 1965

Shah and Another v HSBC Private Bank (UK) Ltd: QBD 5 Jul 2012

Judges: Mr Justice Supperstone Citations: [2012] EWHC 1855 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Citing: See Also – Shah and Another v HSBC Private Bank (UK) Ltd QBD 26-Jan-2009 The claimants sought damages after delays by the bank in processing transfer requests. The bank said that the delays … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 5 Jul 2012

Shah and Another v HSBC Private Bank (UK) Ltd: CA 13 Oct 2011

Judges: Pill, Munby, Lewison LJJ Citations: [2011] EWCA Civ 1154, [2012] Lloyd’s Rep FC 105 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Citing: See Also – Shah and Another v HSBC Private Bank (UK) Ltd QBD 26-Jan-2009 The claimants sought damages after delays by the bank in processing transfer requests. … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: CA 13 Oct 2011

Gojra and Another, Regina v: CACD 6 Aug 2010

The defendants appealed against convictions for assault and kidnapping, saying that the identification procedures used were at fault. Held: The identification evidence had been properly admitted. The prosecution witness had not had the defendant named or pointed out to him. Judges: Hughes LJ, Rafferty, Maddison JJ Citations: [2010] EWCA Crim 1939 Links: Bailii Statutes: Police … Continue reading Gojra and Another, Regina v: CACD 6 Aug 2010

Interfact Ltd v Liverpool City Council: Admn 29 Jun 2010

The claimant had been convicted in 2005 of an offence under the 1984 Act. It later became clear that the Act failed properly to implement a European Directive and was unenforceable. The company now sought leave to appeal out of time. The case was heard along with the case of Budimir. Citations: [2010] EWHC 1604 … Continue reading Interfact Ltd v Liverpool City Council: Admn 29 Jun 2010

OJSC Oil Company Yugraneft v Abramovich and others: ComC 29 Oct 2008

The claimants sought damages alleging a massive fraud by the defendants. The court considered whether the parties could receive a fair trial of the action in Russia. Held: They could. Christopher Clarke J said: ‘Firstly, this case is in no way comparable to Cherney v Deripaska, [2008] EWHC 1530 (Comm), in which the claimant, a … Continue reading OJSC Oil Company Yugraneft v Abramovich and others: ComC 29 Oct 2008

Chargot Ltd (T/A Contract Services) and Others, Regina v: CACD 13 Dec 2007

The defendant company appealed against its conviction under the 1974 Act after a driver was buried under the load when his truck overturned on a work-site. Held: The appeal failed. The policy of the 1974 Act was to impose a positive burden on employers, rather than simply disciplining them for the breach of specific obligations. … Continue reading Chargot Ltd (T/A Contract Services) and Others, Regina v: CACD 13 Dec 2007

Campbell and Others, Regina v: CACD 2 Feb 2009

The defendants appealed against their convictions for murder – saying that it had been a conviction based upon defective joint enterprise basis. Held: The judge was right to reject the submission that there was no case to go to the jury. There was evidence on which the jury was entitled to conclude that causation was … Continue reading Campbell and Others, Regina v: CACD 2 Feb 2009

Herbert and Others, Regina v: CACD 29 Oct 2008

The defendants appealed their sentences for murder and grievous bodily harm. Each was sentenced with minimum periods set under section 216 of the 2003 Act. Five youths (including the defendants) had severely beaten up a young man, and when his girlfriend intervened the assaulted and killed her. Held: The judge had taken as a starting … Continue reading Herbert and Others, Regina v: CACD 29 Oct 2008