Search Results for: Crime

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Gedminintaite, Regina v: CACD 15 Feb 2008

Application for leave to appeal against a ruling given by His Honour Judge Gibson as to how he would address the jury in a case of an offence under the Dangerous Dogs Act 1991. Rottweiler with no history of aggression attacking passer by. Held: Leave refused: ‘On either the interpretation propounded in Rafiq or that … Continue reading Gedminintaite, Regina v: CACD 15 Feb 2008

Blum and others v Director of Public Prosecutions and others: Admn 20 Dec 2006

Judges: Waller LJ and Lloyd Jones Citations: [2006] EWHC 3209 (Admin), [2007] ACD 40, [2007] UKHRR 233 Links: Bailii Jurisdiction: England and Wales Citing: Followed – Ziliberberg v Moldova ECHR 1-Feb-2005 The court observed that: ‘the right to freedom of assembly is a fundamental right in a democratic society and, like the right to freedom … Continue reading Blum and others v Director of Public Prosecutions and others: Admn 20 Dec 2006

Magdalena Steam Navigation Company v Martin: 1859

The defendant asserted that he was entitled to diplomatic privilege to protect him from an action here. He was public minister of a foreign state. He had been received by the Court and given formal accreditation. He had no real property in Britain. Held: Since he had done nothing to disentitled himself from such protection, … Continue reading Magdalena Steam Navigation Company v Martin: 1859

Wilson v National Coal Board: HL 1981

A entire colliery closed down and all employees other than the pursuer were offered and accepted alternative employment, thus disqualifying them from receiving redundancy payments. The pursuer, who had been injured by the accident for which the defendants were responsible, was declared redundant and received such a payment. Held: A redundancy payment is not compensation … Continue reading Wilson v National Coal Board: HL 1981

Chief Constable of Leicestershire v M and Another: ChD 1988

The defendant had obtained money by fraud and used it to purchase property, which then increased in value. Held: The police did not have any right based on the increase in value to found a claim for an injunction to prevent the defendant dealing with the money. The court referred to statutory provisions conferring powers … Continue reading Chief Constable of Leicestershire v M and Another: ChD 1988

Attorney General’s Guidelines on the Exercise by the Crown of its Right of Stand-by: 1989

Citations: (1989) 88 Cr App R 123 Jurisdiction: England and Wales Cited by: Cited – Regina v Andrews CACD 15-Oct-1998 Potential jurors should not be asked questions to test for bias, save in the most exceptional circumstances and where there was a possibility of a juror having a personal involvement; perhaps having a personal loss … Continue reading Attorney General’s Guidelines on the Exercise by the Crown of its Right of Stand-by: 1989

Regina v A and B: CACD 1999

Lord Bingham CJ discussed the effect on sentence of the defendant having provided information of assistance to the police: ‘If the information given is accurate, particularised, useful in practice, and hitherto unknown to the authorities, enabling serious criminal activity to be stopped and serious criminals brought to book, the discount may be substantial. Where, by … Continue reading Regina v A and B: CACD 1999

Regina v Cotter and Others: CACD 10 May 2002

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

Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001

(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with his article 6 rights. The first question was whether he remained a person ‘charged with a criminal offence’. … Continue reading Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001

Worrall v British Railways Board: CA 29 Apr 1999

The plaintiff alleged that an injury which he has suffered as a result of his employer’s negligence had changed his personality. As a result, he had on two occasions committed sexual assaults on prostitutes, for which offences he had been sentenced to imprisonment for six years. He claimed loss of earnings while in prison and … Continue reading Worrall v British Railways Board: CA 29 Apr 1999

Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department: CA 21 May 1999

The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant information required by the prescribed form except. The difference was in the absence of a statement … Continue reading Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department: CA 21 May 1999

Case XI 1 Cr 315, 340, 438, 9, 448 14 Jac Cr 404, Rice’s Case Trial, Justices De Peace: 1220

An indictment of barretry at the sessions of the peace may be tried the same day of the indictment found. Judged and affirmed in error. The barretor was fined 40l. and imprisoned. Citations: [1220] EngR 5, (1220-1623) Jenk 317, (1220) 145 ER 230 (G) Links: Commonlii Jurisdiction: England and Wales Crime Updated: 07 December 2022; … Continue reading Case XI 1 Cr 315, 340, 438, 9, 448 14 Jac Cr 404, Rice’s Case Trial, Justices De Peace: 1220

Crown Prosecution Service v M and B: CACD 11 Dec 2009

Appeal by the Crown against the trial judge’s ruling rejecting the submission that the offence of bringing a prohibited article into prison under section 40C(1)(a) of the Prison Act 1952 as amended is an offence of absolute or strict liability which does not require the prosecution to prove any element of mens rea. Held: Dismissed. … Continue reading Crown Prosecution Service v M and B: CACD 11 Dec 2009

Mendez and Another v Regina: CACD 22 Mar 2010

The defendants appealed against their convictions for murder, saying that the judge’s directions on joint enterprise were inadequate. Held: Allowed in part. Judges: Lord Justice Toulson Citations: [2010] EWCA Crim 516, [2010] Crim LR 874, [2010] 3 All ER 231, [2011] 3 WLR 1, [2011] QB 876 Links: Bailii Jurisdiction: England and Wales Crime Updated: … Continue reading Mendez and Another v Regina: CACD 22 Mar 2010

Regina v Leeds Crown Court, Ex parte Bagoutie: 31 May 1999

Lord Bingham: ‘The court made plain in Ex p McDonald, as indeed is plain on the face of the statute, that when seeking an extension or a further extension of the custody time limit the Crown must show that there is good and sufficient [reason] for making the extension and that it has acted with … Continue reading Regina v Leeds Crown Court, Ex parte Bagoutie: 31 May 1999

Regina v Rose: 1847

A person may use proportionate force to defend himself. Citations: (1847) 2 Cox 329 Jurisdiction: England and Wales Cited by: Cited – Director of Public Prosecutions v Bayer, Hart, Snook, and Whistance Admn 4-Nov-2003 The defendants protested the growing of genetically modified crops. The prosecutor appealed dismissal of charges of aggravated trespass for them having … Continue reading Regina v Rose: 1847

Rex v Darcy and Collins: 1664

D and C were indicted for a misdemeanour in that D had challenged E to a duel and sent the challenge by C who knew well about it. Both defendants were Guilty. Citations: (1664) 1 Sid 186, 82 ER 1047 Jurisdiction: England and Wales Crime Updated: 07 December 2022; Ref: scu.186597

Osman and another v Ferguson and another: CA 7 Oct 1992

Limits of Police duty to protect A schoolmaster developed an infatuation for a teenage pupil. It led to the killing of the pupil’s father, the wounding of the pupil, the wounding of a deputy headmaster and the killing of the deputy headmaster’s son. Mr Osman’s widow and the pupil claimed against, with another, the Commissioner … Continue reading Osman and another v Ferguson and another: CA 7 Oct 1992

Poole and Mills v Regina: CACD 17 Jun 2003

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

Osman v Southwark Crown Court: Admn 1 Jul 1999

The defendant appealed against his conviction for assaulting a police officer. He complained that he had been subjected to an unlawful assault, in that before being searched under the 1994 Act, the officer had not given his details. Held: The obligation on an officer to provide his name, number and station was mandatory and a … Continue reading Osman v Southwark Crown Court: Admn 1 Jul 1999

Regina v Bezzina, Regina v Codling, Regina v Elvin: CACD 7 Dec 1993

The offence under section 3(1), requiring the owner to keep a dangerous dog under control, is one of strict liability. The court noted the difference in wording between the sections. Kennedy LJ said: ‘Accordingly, we come to the conclusion that the terms of the statute in section 3(1) do have to be read in the … Continue reading Regina v Bezzina, Regina v Codling, Regina v Elvin: CACD 7 Dec 1993

Davison, Rex v: CACD 11 Nov 2022

Appeal from conviction of murder Judges: Lady Justice Carr DBE Citations: [2022] EWCA Crim 1549 Links: Bailii Jurisdiction: England and Wales Crime Updated: 07 December 2022; Ref: scu.683402

Waite v Regina: CACD 17 Jun 2020

Use of section 22 to increase confiscation order. Judges: The Recorder of London Citations: [2020] EWCA Crim 768 Links: Bailii Statutes: Proceeds of Crime Act 2002 22 Jurisdiction: England and Wales Criminal Sentencing Updated: 06 December 2022; Ref: scu.651732

Capper v Chaney and Another: ChD 8 Jul 2010

Police had seized substantial sums of cash from the first defendant acting under the 2004 Act. The claimant said that andpound;250,00 was his and sought its return. The Commissioner argued that the current proceedings were an abuse of process. Held: Forfeiture proceedings were now under way, and any release must await the result. The question … Continue reading Capper v Chaney and Another: ChD 8 Jul 2010

BM, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 23 Mar 2009

The claimant wished to assert that he had been tortured by the US. The parties disputed whether the claimant formerly in custody in Guantanamo Bay had settled the case againt him, the claimant saying it was a plea bargain imposed on him unfairly. In view of ongoing discussions, further information was held back. Citations: [2009] … Continue reading BM, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 23 Mar 2009

K, Regina v: CACD 14 Aug 2008

The defendant had been called to the bar but was not within any chambers and did not have a practising certificate and was not subject to the Bar’s disciplinary code. He was prosecuted for providing immigration and advice service and advice whilst unauthorised. Held: The intention of the Act was to ensure that only those … Continue reading K, Regina v: CACD 14 Aug 2008

Kenning, Regina v: CACD 23 Apr 2008

Appeal from convictions of possession and supply of cannabis and amphetamines. Judges: Lord Phillips of Worth Matravers LCJ Citations: [2008] EWCA Crim 1074 Links: Bailii Statutes: Criminal Law Act 1977 1(1) Jurisdiction: England and Wales Cited by: Leave to appeal – Regina v Kenning, Blackshaw, Fenwick CACD 24-Jun-2008 The defendants appealed against their convictions for … Continue reading Kenning, Regina v: CACD 23 Apr 2008

Secretary of State for the Home Department v AL: Admn 17 Aug 2007

The claimant sought to challenge a control order made against him under the 2005 Act. He had not cross examined the prosecution witnesses saying that the procedure was unfair in that he had not been allowed to see all the evidence against him. He said that the evidence did not justify the finding of reasonable … Continue reading Secretary of State for the Home Department v AL: Admn 17 Aug 2007

Hatton, Regina v: CACD 26 Oct 2005

Appeal from conviction of murder: The appeal raises an important point of law as to the effect of voluntary intoxication on the defence of self-defence. Judges: Lord Phillips of Worth Matravers LCJ Citations: [2005] EWCA Crim 2951, Neutral Citation Number: [2005] EWCA Crim 2951 Links: Bailii Jurisdiction: England and Wales Crime Updated: 06 December 2022; … Continue reading Hatton, Regina v: CACD 26 Oct 2005

New Bridge Holdings v Barclays Bank: 10 Feb 2006

The court suggested as a way of dealing with problems under the Act that attempts should be made: ‘to provide for some procedure whereby the arbitrary and capricious exercise of power should be prevented by the court being told, in confidence by the relevant authority, whether or not an investigation is in progress and the … Continue reading New Bridge Holdings v Barclays Bank: 10 Feb 2006

Nulyarimma v Thompson: 1 Sep 1999

(Federal Court of Australia) The court rejected the automatic assimiliation of the international crime of genocide into national law. Austlii CRIMINAL LAW – International crime of genocide – Meaning of genocide – Intentional element – Prohibition of genocide as a norm of international customary law – No legislation providing for prosecution of genocide claims in … Continue reading Nulyarimma v Thompson: 1 Sep 1999

Statham and Statham v Gaekwar of Baroda: 1892

The certificate of the Secretary of State confirmed the state immunity of the defendant. Citations: [1892] P 92 Jurisdiction: England and Wales Cited by: Cited – Alamieyeseigha, Regina (on the Application Of) v Crown Prosecution Service Admn 25-Nov-2005 The defendant argued that as Governor and Chief Excecutive of Bayelsa State in Nigeria he had sovereign … Continue reading Statham and Statham v Gaekwar of Baroda: 1892

Swaby v the Queen (Bahamas): PC 22 Dec 1997

The applicant appealed a conviction for murder, attempted murder and robbery. He had given a confession, and had been identified by eye witnesses. He applied for other statements to be admitted, but this was refused at trial. He claimed that the admission was involuntary and inadmissible. The police denied that he had been beaten, but … Continue reading Swaby v the Queen (Bahamas): PC 22 Dec 1997

Devon and Cornwall Police v Town (Sex Discrimination): EAT 10 Sep 2020

The Claimant was a police officer who was transferred from her Response Team to the Crime Management Hub after she became pregnant. There had been a risk assessment indicating that she could safely remain with the Response Team if certain adjustments were made but the Devon and Cornwell Police had a general policy that police … Continue reading Devon and Cornwall Police v Town (Sex Discrimination): EAT 10 Sep 2020

Spetsializirana Prokuratura and A La Locale) (Judgment): ECJ 17 Nov 2022

Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of communications – Providers of electronic communications services – Generalized and indiscriminate retention of traffic data and location data for a period of six months – Fight against serious crime – Access to retained data – Information of … Continue reading Spetsializirana Prokuratura and A La Locale) (Judgment): ECJ 17 Nov 2022

S, Regina v: CACD 17 Jun 2020

The Applicant sought leave to appeal against his conviction out of time. That application was been referred to the Full Court by the Registrar. Citations: [2020] EWCA Crim 765 Links: Bailii Jurisdiction: England and Wales Crime Updated: 05 December 2022; Ref: scu.651731