ECHR Article 10-1Freedom to impart informationFreedom to receive informationConviction and order to pay damages for operating website allowing third parties to share files in breach of copyright: inadmissibleFacts – During 2005 and 2006 the two applicants were involved in different aspects of one of the world’s largest file sharing services on the Internet, the website … Continue reading Neij And Sunde Kolmisoppi v Sweden: ECHR 19 Feb 2013
Citations: [1946] UKPC 53 Links: Bailii Jurisdiction: England and Wales Crime Updated: 05 December 2022; Ref: scu.447976
Citations: [1946] UKPC 52 Links: Bailii Jurisdiction: England and Wales Crime Updated: 05 December 2022; Ref: scu.447981
Judges: Elias LJ, Teare, Stadlen JJ Citations: [2010] EWCA 1577 (Crim), [2011] 2 Cr App Rep 10, [2011] 2 Cr App Rep 112 Links: Bailii Jurisdiction: England and Wales Crime Updated: 05 December 2022; Ref: scu.420404
Appeal from conviction of intra family historic sexual abuse – refusal of stay Judges: Hughes VP CACD L, Owen, Thirlwall JJ Citations: [2010] EWCA Crim 2522 Links: Bailii Jurisdiction: England and Wales Crime, Prisons Updated: 05 December 2022; Ref: scu.425199
Appeal from conviction of false imprisonment, two counts of indecent assault and one count of rape. Citations: [2010] EWCA Crim 1924 Links: Bailii Jurisdiction: England and Wales Crime Updated: 05 December 2022; Ref: scu.421216
The defendant had been convicted on the strength of identification evidence. Subsequently a fingerprint had been found which belonged to someone who fitted the description first given by the witness. Held: The conviction was unsafe. Citations: [2000] EWCA Crim 106 Links: Bailii Jurisdiction: England and Wales Crime Updated: 05 December 2022; Ref: scu.331142
The claimant challenged the procedures used to decide his age after he arrived in the UK and was prosecuted for immigration offences. Judges: Keith J Citations: [2009] EWHC 928 (Admin) Links: Bailii Jurisdiction: England and Wales Children, Crime, Immigration Updated: 05 December 2022; Ref: scu.341856
Citations: [2005] EWHC 1669 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 2 Jurisdiction: England and Wales Crime Updated: 05 December 2022; Ref: scu.263496
Appeal by case stated against conviction of having secured entry to premises by violence. Inferences to be drawn from defendant’s silence at police interview. The defendant complained that the magstrates should have set out clearly what inferences they had drawn and from what facts and allowed the defendant opportunity to make representations. Held: The magistrates … Continue reading T v Director of Public Prosecutions: Admn 10 Jul 2007
Receiving stolen goods Citations: (1855) Dears 436, [1855] EngR 22, (1855) 169 ER 794 Links: Commonlii Jurisdiction: England and Wales Cited by: Followed – Regina v Villensky 1892 The prisoners could not be indicted for receiving stolen goods where the goods were no longer stolen when received. . . Lists of cited by and citing … Continue reading Regina v Thomas Dolan: 1855
(Canada) Fauteux J described the difference between a crime of basic intent and one of specific intent: ‘In considering the question of mens rea, a distinction is to be made between (i) intention as applied to acts considered in relation to their purposes and (ii) intention as applied to acts apart from their purposes. A … Continue reading Regina v George: 1960
Moore ran a rifle range in Bayswater. His customers shot at pigeons, which caused a crowd to gather outside and in neighbouring fields to shoot at the pigeons which escaped, causing noise, damage, disturbance and mischief. Held: On conviction for committing a public nuisance, with the defendant undertaking to discontinue the shooting, no penalty was … Continue reading Rex v Moore: 25 Jan 1832
The Board considered the severability of statutory provisions viewed for constitutionality: ‘The real question is whether what remains is so inextricably bound up with the part declared invalid that what remains cannot independently survive or, as it has sometimes been put, whether on a fair review of the whole matter it can be assumed that … Continue reading Attorney General for Alberta v Attorney General for Canada: PC 1947
What would otherwise be classified as a fierce assault in criminal law may not be so in the sporting context of a boxing match. Citations: (1878) 39 LT 293 Jurisdiction: England and Wales Cited by: Cited – Regina v Brown (Anthony); Regina v Lucas; etc HL 11-Mar-1993 The appellants had been convicted of assault, after … Continue reading Regina v Orton: 1878
Interesting and difficult question in an arcane field at the intersection of the old equitable remedy of receivership and the modern procedures of the Criminal Justice Act 1988 designed to combat serious crime. The problem in a nutshell is this: if a receiver is appointed under that Act to receive and manage a defendant’s property … Continue reading In re Andrews: CA 25 Feb 1999
Citations: [1999] EWCA Civ 824 Jurisdiction: England and Wales Health Professions, Crime Updated: 05 December 2022; Ref: scu.145739
Judges: Lord Hope Lord Kerr Lord Dyson Lord Reed Sir Anthony Hooper Citations: [2012] UKPC 37 Links: Bailii Jurisdiction: England and Wales Crime Updated: 05 December 2022; Ref: scu.683357
Citations: [2005] NICA 43 Links: Bailii Jurisdiction: Northern Ireland Crime Updated: 05 December 2022; Ref: scu.234844
Judges: Colton J Citations: [2022] NIQB 22 Links: Bailii Statutes: Health Protection (Coronavirus Restrictions) (No.2) Regulations 2020 Jurisdiction: Northern Ireland Health, Crime Updated: 05 December 2022; Ref: scu.683427
The complainant has requested information about the ballistic history of a weapon used in a specific crime. Police Service Northern Ireland (PSNI) refused to confirm or deny whether it holds the requested information. The Commissioner’s decision is that PSNI is entitled to rely on section 30(3) of FOIA to refuse to confirm or deny that … Continue reading Police Service of Northern Ireland (Police and Criminal Justice): ICO 31 Oct 2022
(Antigua and Barbuda) Judges: Lord Kerr, Lord Hodge, Lord Lloyd-Jones, Lord Briggs, Lord Sales Citations: [2020] UKPC 15 Links: Bailii, Bailii Summary Jurisdiction: England and Wales Crime, Financial Services Updated: 04 December 2022; Ref: scu.651616
Citations: [2015] UKSIAC SN – 5 – 2014 Links: Bailii Jurisdiction: England and Wales Immigration, Crime Updated: 04 December 2022; Ref: scu.559370
From the Court of Appeal of the Cayman Islands – The crown appealed against the quashing of the respondent’s conviction for possession of an unlicensed firearm. A gun was found where he had been seen to discard a gun whilst being chased. The forensic evidence did not connect him to it. Held: The appeal was … Continue reading The Queen v Crawford: PC 11 Nov 2015
Citations: [2015] NICA 25 Links: Bailii Jurisdiction: Northern Ireland Crime Updated: 04 December 2022; Ref: scu.547264
The claimants sought to have set aside search and seizure warrants obtained to further enquiries into suspected breaches of EU sanctions against ZANU-PF of Zimbabwe. They alleged non-disclosure and misrepresentation. Held: A decision to claim on public interest grounds to withhold information placed before a magistrate to obtain a warrant should be taken by a … Continue reading Golfrate Property Management Ltd and Another, Regina (on The Application of) v The Crown Court At Southwark and Another: Admn 25 Mar 2014
ECFI Common foreign and security policy – Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – Regulation (EC) No 881/2002 – Freezing of a person’s funds and economic resources as a result of his inclusion in a list drawn up by a body of … Continue reading Kadi v Commission: ECFI 30 Sep 2010
Citations: [2009] ScotHC HCJAC – 67 Links: Bailii Jurisdiction: Scotland Crime Updated: 04 December 2022; Ref: scu.361495
Citations: [2009] ScotHC HCJAC – 68 Links: Bailii Jurisdiction: Scotland Crime Updated: 04 December 2022; Ref: scu.361496
Citations: [2000] EWCA Crim 3534 Links: Bailii Jurisdiction: England and Wales Crime Updated: 04 December 2022; Ref: scu.331134
Appeal against sentence presents a challenge which is restricted to the term of imprisonment imposed in default of payment of a confiscation order made under the Proceeds of Crime Act 2002. Citations: [2006] EWCA Crim 2806 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 04 December 2022; Ref: scu.331128
Challenge to refusal of respondent to refer the claimant’s conviction of murder back to court. Citations: [2009] EWHC 474 (Admin) Links: Bailii Statutes: Criminal Appeal Act 1995 13 Jurisdiction: England and Wales Crime Updated: 04 December 2022; Ref: scu.324653
Citations: [1830] EngR 942, (1830) 4 Car and P 442, (1830) 172 ER 774 Links: Commonlii Jurisdiction: England and Wales Crime Updated: 04 December 2022; Ref: scu.321822
Judges: Keith J Citations: [2009] EWHC 572 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 3(10) Jurisdiction: England and Wales Crime Updated: 04 December 2022; Ref: scu.324659
Lord Parker CJ said: ‘In our judgment the direction given by Alderson B. is not intended to cover and does not cover a case where the prisoner can plead to the indictment and has the physical and mental capacity to know that he has the right of challenge and to understand the case as it … Continue reading Regina v Padola: 1959
Appeal against an order made by the Secretary of State that it will be conducive to the public good that he should be deported, on the grounds that his removal is in the interests of national security. The appellant said that he would not be safe if he was deported to Algeria. The authorities there … Continue reading B v Secretary of State for the Home Department: SIAC 30 Jul 2008
An indictment for perjury or forgery was not to be quashed on a motion of insufficiency without a trial of the issues. Citations: (1661) 1 Sid 54, (1661) 86 ER 237 Jurisdiction: England and Wales Crime Updated: 04 December 2022; Ref: scu.272776
A motion of prosection was granted. Citations: (1731) 2 Barn KB 80, (1831) 97 ER 369 Jurisdiction: England and Wales Crime Updated: 04 December 2022; Ref: scu.272775
Austlii (High Court of Australia) Criminal Law – Murder – Complicity – Common purpose to assault victim – Death – Direction that jury might convict if satisfied accused contemplated that intentional infliction of grievous bodily harm possible incident of joint enterprise. Citations: (1995) 69 ALJR 621, [1995] HCA 37, (1995) 130 ALR 26, (1995) 183 … Continue reading McAuliffe v The Queen: 28 Jun 1995
Appeal by way of case stated – non attendance Citations: [2007] EWHC 3019 (Admin) Links: Bailii Jurisdiction: England and Wales Crime Updated: 04 December 2022; Ref: scu.263486
For unlawful act manslaughter, the unlawful act must itself be criminal. Citations: (1883) 15 Cox CC 163 Jurisdiction: England and Wales Cited by: Cited – Regina v Kennedy HL 17-Oct-2007 The defendant had been convicted of manslaughter. He had supplied a class A drug to a friend who then died taking it. The House was … Continue reading Regina v Franklin: 1883
The defendant was guilty of an offence of administering a poison where he sprayed it directly in the victim’s face. Citations: (1988) 87 Cr App R 189 Statutes: Offences Against the Person Act 1861 23 Jurisdiction: England and Wales Cited by: Cited – Regina v Kennedy HL 17-Oct-2007 The defendant had been convicted of manslaughter. … Continue reading Regina v Gillard: 1988
Citations: [2007] EWHC 2192 (Admin) Links: Bailii Statutes: Criminal Damage Act 1971 1(1) Jurisdiction: England and Wales Crime Updated: 04 December 2022; Ref: scu.259842
The applicants were prisoners who sought judicial review of the use made by the Parole Board of its powers to review their sentences, saying that the Parole Board was not sufficiently independent of the government to guarantee their human rights. Held: The applications succeeded, and the court gave a declaration that the applicants’ rights under … Continue reading Brooke and others v The Parole Board: Admn 7 Sep 2007
(Court of Criminal Appeal in Ireland) The defendant exposed himself on a public road so that he was seen by one person as there was only one person passing at the time, though he could have been seen by others who might have been passing. Held: Indecent exposure seen by one person and capable of … Continue reading Regina v Farell: 1862
(United States Supreme Court) The court considered the rules forbidding the application of foreign penal laws: ‘The rule that the courts of no country execute the penal laws of another applies, not only to prosecutions and sentences for crimes and misdemeanours but to all suits in favour of the state for the recovery of pecuniary … Continue reading Wisconsin v Pelican Insurance Co: 1888
The prisoners could not be indicted for receiving stolen goods where the goods were no longer stolen when received. Judges: Lord Coleridge CJ Citations: [1892] 2 QB 597 Jurisdiction: England and Wales Citing: Followed – Regina v Thomas Dolan 1855 Receiving stolen goods . . Cited by: Cited – Haughton v Smith, On Appeal From … Continue reading Regina v Villensky: 1892
Six youths challenged decisions that they should be prosecuted for offences of criminal damage rather than be given warnings in accordance with the Final Warning Scheme. They said that they had not sought representation at the police station after being told that they would receive only warnings. This was denied by the police. That denial … Continue reading A, Regina (on the application of) v South Yorkshire Police and Another: Admn 9 May 2007
The prosecutor appealed a finding that the proceeds of cheating the revenue were not the proceeds of crime within the 2002 Act. Held: The appeal succeeded. The case was different from Galbraith in that there was a clear finding of a cheat. The fact that the original earnings were obtained by a legitimate trade did … Continue reading IK, Regina v: CACD 8 Mar 2007
PC Jamaica – the appellant had been twelve when convicted on his own confession of murder. He said that the statement after oppression. The statement had been challenged but admitted without following the necessary procedure. Judges: Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Carswell, Lord Brown of Eaton-under-Heywood Citations: [2006] UKPC … Continue reading Williams v The Queen: PC 25 Apr 2006
There were two criminal acts and the defendant had two purposes, one ancillary to the other. His primary intention was to steal. Having stolen the money, he then killed as he left the house in order to avoid detection. Citations: [1959] 1 QB 291 Jurisdiction: England and Wales Cited by: Cited – Evon Smith v … Continue reading Regina v Jones: 1959
(Supreme Court of Victoria) Section 62 of the Crimes Act 1928 made it an offence to do certain acts ‘with intent to procure the miscarriage of any woman’, specifically in the context of an argument (rejected by the court) that it was a defence if the defendant believed that the child in the womb was … Continue reading Regina v Trim: 1943
Proof of pregnancy was unnecessary to establish an offence under the Act of procuring a miscarriage. Citations: (1846) 1 Den CC 187 Statutes: Offences against the Person Act 1837 Jurisdiction: England and Wales Cited by: Cited – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002 The claimant challenged the Order as … Continue reading Rex v Goodhall: 1846
Citations: [1979] 68 Cr App R 164 Jurisdiction: England and Wales Cited by: Cited – Regina v Peter John Brown and Others CACD 27-Jul-2001 The defendants appealed convictions for conspiracy. There had been a large, admitted, conspiracy to cheat the revenue by mis-selling bonded tobacco etc. They criticised the judge’s direction on the extent of … Continue reading Regina v Scott: 1979
The complainant travelled in the appellant’s car. As he was driving, he had assaulted her in the car but not so as to cause her actual bodily harm. However, as his assault continued, she opened the car door and jumped out. This caused her to sustain actual bodily harm. He appealed his conviction. Held: The … Continue reading Regina v Roberts: 1971
Citations: (1866) 10 Cox CC 371 Jurisdiction: England and Wales Cited by: Cited – Regina v Brown (Anthony); Regina v Lucas; etc HL 11-Mar-1993 The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a … Continue reading Regina v Young: 1866
Citations: (1883) 15 Cox CC 217 Jurisdiction: England and Wales Cited by: Applied – Whitehouse v Lemon; Whitehouse v Gay News Ltd HL 21-Feb-1979 The appellants challenged their conviction for blasphemous libel. They had published a poem which described homosexual acts carried out on the body of Christ after his death. Held: For a conviction, … Continue reading Regina v Bradlaugh: 1883
(Saint Vincent and the Grenadines) The defendant was convicted of having killed his wife. He had killed his children but faced no charge on that issue. He complained of the admission of evidence showing that he had killed the children. In his evidence he said his wife had killed them. His defence was of diminished … Continue reading Williams v The Queen: PC 23 Nov 1998
(Jamaica) Customs investigating officers on attended the appellant’s premises in the course of an investigation of fraudulent importation. The officers were met by a hostile crowd, and the claimant did not attend for interview as invited. A search warrant was obtained and executed. The claimants said the warrant was unconstitutional and unlawful and sought return … Continue reading Attorney General v Danhai Williams and others: PC 12 May 1997
Citations: [1997] UKPC 67 Links: Bailii Jurisdiction: England and Wales Crime Updated: 01 December 2022; Ref: scu.159280
The defendant had been convicted of an affray when she had lunged at her boyfriend with a knife in a car park. Held: The appeal succeeded. A ‘person of reasonable firmness’ who must be concerned for an affray offence to be committed, must be a third party, and not the victim of the affray. The … Continue reading Regina v Sanchez: CACD 6 Mar 1996
Prosecutor’s appeal as to terms of confiscation order Citations: [2021] EWCA Crim 543 Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Citing: See Also – The London Borough of Barnet v Kamyab CACD 27-Jul-2021 . . Lists of cited by and citing cases may be incomplete. Criminal Sentencing Updated: 01 December … Continue reading London Borough of Barnet v Kamyab: CACD 15 Apr 2021
Citations: [2020] EWCA Crim 1635 Links: Bailii Statutes: Construction (Design and Management) Regulations 2015 19(1), Health and Safety at Work Act 1974 Jurisdiction: England and Wales Crime Updated: 01 December 2022; Ref: scu.656605
Judges: Vice-President of the Court of Appeal (Criminal Division) (Lord Justice Holroyde) Mrs Justice May DBE Mr Justice Goose Citations: [2022] EWCA Crim 1207 Links: Bailii Jurisdiction: England and Wales Crime Updated: 01 December 2022; Ref: scu.682825
The complainant has requested information about the Universal Credit programme and its information technology systems. The DWP relies on sections 22 (future publication) and 31(1) (a) (prevention of crime) to withhold requested information. The Commissioner’s decision is that DWP incorrectly relied on section 22, but correctly relied on 31(1) (a), to withhold requested information. The … Continue reading Department for Work and Pensions (Central Government): ICO 16 Jun 2020
Citations: [2014] NIQB 92 Links: Bailii Jurisdiction: Northern Ireland Crime Updated: 30 November 2022; Ref: scu.535326
Citations: [2013] EWCA Crim 1865 Links: Bailii Statutes: Proceeds of Crime Act 2002 327(1) 329(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 30 November 2022; Ref: scu.518567
Citations: [2009] EWCA Crim 1200 Links: Bailii Jurisdiction: England and Wales Crime Updated: 30 November 2022; Ref: scu.425511
To cast and calculate by magic arts the nativity of the King or heir-apparent in order to find out the time of their death, and in consequence of such enquiries to publish that they would soon die, with a view to alienate the affections of their subjects, was a compassing arid imagining of the death … Continue reading The Case of Thomas Burdet, Warwick: 1792
Citations: [2000] EWCA Crim 3535 Links: Bailii Jurisdiction: England and Wales Crime Updated: 30 November 2022; Ref: scu.331135
Citations: [2000] EWCA Crim 3537 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Crime Updated: 30 November 2022; Ref: scu.331129
Appeal from conviction of two offences of committing arson recklessly in endangering life Citations: [2000] EWCA Crim 108 Links: Bailii Jurisdiction: England and Wales Crime Updated: 30 November 2022; Ref: scu.331138
Appeals against conviction of attempted murder, following a referral by the Criminal Cases Review Commission. Citations: [2000] EWCA Crim 110 Links: Bailii Jurisdiction: England and Wales Crime Updated: 30 November 2022; Ref: scu.331150
References by the Criminal Cases Review Commission – convictions of robbery – investigation by discredited police squad – identification Citations: [2000] EWCA Crim 104 Links: Bailii Jurisdiction: England and Wales Crime Updated: 30 November 2022; Ref: scu.331137
Citations: [2000] EWCA Crim 105 Links: Bailii Jurisdiction: England and Wales Crime Updated: 30 November 2022; Ref: scu.331145
Judges: Mitting J Citations: [2009] EWHC 902 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 Jurisdiction: England and Wales Cited by: Cited – AR v Secretary of State for the Home Department Admn 15-Jul-2009 The claimant appealed against the refusal of the Home Secretary to vary the control order made against him under the … Continue reading Secretary of State for the Home Department v AV: Admn 30 Apr 2009
Reference by Criminal Cases Review Commission – convictions of sexual assault Citations: [2000] EWCA Crim 100 Links: Bailii Jurisdiction: England and Wales Crime Updated: 30 November 2022; Ref: scu.331131
Citations: [2006] EWCA Crim 1815 Links: Bailii Jurisdiction: England and Wales Crime, Criminal Sentencing Updated: 30 November 2022; Ref: scu.331124
Citations: 1963 SLT 345 Jurisdiction: Scotland Cited by: Explained – Cardle v Mulrainey HCJ 1992 The defendant drank lager into which a third party had put amphetamine. He then tried to start vehicles belonging to others with the intention of taking them away. He also took some property from one of the vehicles. The sheriff … Continue reading HM Advocate v Cunningham: 1963
Citations: [1997] ScotHC HCJ – 3 Links: Bailii Jurisdiction: Scotland Crime Updated: 30 November 2022; Ref: scu.279228
Citations: [1851] EngR 40, (1851) 2 Den 233, (1851) 169 ER 487 Links: Commonlii Jurisdiction: England and Wales Crime Updated: 30 November 2022; Ref: scu.296356
A person effecting an arrest must not use unnecessary force. Citations: (1588) Cro Eliz 93, (1588) 78 ER 352 Jurisdiction: England and Wales Crime, Police Updated: 30 November 2022; Ref: scu.272777
The prosecutor appealed dismissal of a charge of receiving a broadcast television programme with intent to avoid payment. The defendant ran a public house. She acquired a card which allowed her to receive transmissions from a Greek satellite broadcasting premier league football matches. The intellectual property rights to such matches in the UK lay with … Continue reading Murphy v Media Protection Services Ltd: Admn 21 Dec 2007
The defendant, a youth, apealed his conviction under the 1824 Act of being found on enclosed premises for an unlawful purpose. Held: No unlawful purpose had been shown and the conviction was quashed. Judges: Auld LJ, Collins J Citations: [2007] EWHC 1843 (Admin) Links: Bailii Statutes: Vagrancy 1824 4 Jurisdiction: England and Wales Citing: Cited … Continue reading L v Crown Prosecution Service: Admn 16 Jul 2007
The defendant faced an accusation of having blocked a public right of way. The defendant landowner claimed to have instructed his servants to allow only seafaring men and pilots to use the path and to turn back anyone else, and that this proved that there was no intention to create a public right of way. … Continue reading Regina v Broke: 1859
(New Zealand) Citations: [1970] NZLR 980 Jurisdiction: England and Wales Cited by: Applied – Haughton v Smith, On Appeal From Regina v Smith (Roger) HL 21-Nov-1973 The defendant appealed against his conviction for attempting to handle stolen goods. They were to be delivered to him in a van, but the meat was intercepted and recovered … Continue reading Regina v Donnelly: 1970
(Rhodesia) Citations: 1953 (2) SA 4 Jurisdiction: Commonwealth Cited by: Cited – Regina v Brown (Anthony); Regina v Lucas; etc HL 11-Mar-1993 The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that … Continue reading Regina v McCoy: 1953
Two experienced police officers in plain clothes had entered a bookshop owned by Clayton in which Halsey was his assistant. The officers had each selected a packet of photographs which formed the subject matter of the substantive charges. In cross-examination they both agreed that they had seen thousands of photographs of a similar character in … Continue reading Regina v Clayton and Halsey: CCA 1963
Whilst the law clearly allowed prosecutions under the Act after no more than two incidents of harassment, nevertheless, prosecutors should look to the reality of whether the acts complained of did in fact amount to a course of conduct under the Act. In this case, but marginally, they did. Prosecutors should look to the purpose … Continue reading Pratt v Director of Public Prosecutions: QBD 21 Jun 2001
Appeals from convictions of being knowingly concerned in the fraudulent evasion of a prohibition on the importation of goods (cocaine) contrary to section 170(2) Customs and Excise Management Act 1979. Judges: Lord Justice Fulford VP Citations: [2021] EWCA Crim 564 Links: Bailii Jurisdiction: England and Wales Crime Updated: 30 November 2022; Ref: scu.662108
Renewed application for leave to appeal against conviction – conspiracy to murder Citations: [2020] EWCA Crim 1286 Links: Bailii Jurisdiction: England and Wales Crime Updated: 30 November 2022; Ref: scu.659207
Citations: [2021] EWCA Crim 324 Links: Bailii Jurisdiction: England and Wales Crime Updated: 30 November 2022; Ref: scu.660764
ECHR Article 3 Positive obligations State’s failure to protect demonstrators from homophobic violence: violation Article 14 Discrimination State’s failure to investigate homophobic motives behind violence during demonstration: violation Facts – The applicants were a non-governmental organisation set up to promote and protect the rights of LGBT people in Georgia, and 14 individuals. On 17 May … Continue reading Identoba And Others v Georgia: ECHR 12 May 2015
The Court a claim as to the relevancy of an indictment of perjury. Held: Lord Justice General Emslie said: ‘All that is required is that it should be clearly understood that a charge of perjury will not lie unless the evidence alleged to be false was both competent and relevant at the earlier trial either … Continue reading Lord Advocate’s Reference (No 1 of 1985): HCJ 1986
ECHR Article 1 para. 2 of Protocol No. 1 Control of the use of property Forfeiture of a civil servant’s wrongfully acquired property as part of domestic anti-corruption measures: no violation Facts – In 2004 the first applicant, a former government minister, was charged with abuse of authority and extortion. The Public Prosecutor’s Office of … Continue reading Gogitidze And Others v Georgia: ECHR 12 May 2015
Information Notice – Leisure centre employee prosecuted for unlawfully obtaining health information of over 2,000 people A former manager of a health service based at a council-run leisure centre in Southampton has been prosecuted by the Information Commissioner’s Office (ICO) for unlawfully obtaining sensitive medical information relating to over 2,000 people. Paul Hedges took the … Continue reading Hedges (Prosecution): ICO 23 May 2013
East Africa ‘When a person is charged with theft [and the judge told the jury that they could read for ‘theft’, ‘robbery’ because it includes ‘theft’] and, in the alternative, with receiving, and the sole evidence connecting him with the offences is the recent possession of the stolen property, then, if the only reasonable inference … Continue reading Andrea Obonyo v Regina: 1962
Australia – Victoria The court considered the nature of the act required to found an allegation of assault: ‘It may be that the somewhat different wording of section 20 of the English Act has played a part in bringing about the existence of the two lines of authority in England, but, be that as it … Continue reading Regina v Salisbury: 9 Oct 1972
Judges: Mccloskey LJ Citations: [2022] NICA 34 Links: Bailii Statutes: Anti-Terrorism, Crime and Security Act 2001 110Q Jurisdiction: Northern Ireland Criminal Sentencing Updated: 30 November 2022; Ref: scu.682797
Admission of bad character evidence Judges: Lady Justice Andrews Mrs Justice Mcgowan And His Honour Judge Flewitt KC Citations: [2022] EWCA Crim 1523 Links: Bailii Jurisdiction: England and Wales Crime Updated: 30 November 2022; Ref: scu.683290