Search Results for: Crime

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Smalling v Satterswaite and Others (Jamaica): PC 17 Nov 2022

Important question as to whether a search and seizure warrant issued under section 115 of the Jamaican Proceeds of Crime Act 2007 (‘POCA’) for the purposes of investigating criminal conduct occurring on or after 30 May 2007 can nevertheless authorise the search for and the seizure of information or material that came into existence prior … Continue reading Smalling v Satterswaite and Others (Jamaica): PC 17 Nov 2022

McLarty (Deportation – Proportionality Balance): UTIAC 16 Jun 2014

(1) There can be little doubt that, in enacting the UK Borders Act 2007, Parliament views the object of deporting those with a criminal record as a very strong policy, which is constant in all cases (SS (Nigeria) v SSHD [2013] EWCA Civ 550). The weight to be attached to that object will, however, include … Continue reading McLarty (Deportation – Proportionality Balance): UTIAC 16 Jun 2014

Adaway, Regina v: CACD 3 Nov 2004

Appeal from conviction on two counts of supplying goods with a false trade description contrary to section 1(1)(b) of the Trade Descriptions Act 1968 Citations: [2004] EWCA Crim 2831 Links: Bailii Jurisdiction: England and Wales Crime Updated: 27 November 2022; Ref: scu.406618

Secretary of State for the Home Department v AF: Admn 9 Apr 2008

There is no exception to the requirement that a person subject to a non-derogating control order has the right to a fair trial where the secret evidence shows that the subject of the order has no conceivable answer to the claim. Judges: Stanley Burnton J Citations: [2008] EWHC 689 (Admin), Times 25-Apr-2008, [2008] 4 All … Continue reading Secretary of State for the Home Department v AF: Admn 9 Apr 2008

T, Regina (on the Application Of) v St Albans Crown Court and others: Admn 20 May 2002

Whether it is appropriate for a court to make an order pursuant to section 39 of the Children and Young Persons Act 1933 to confer anonymity on children or young persons in respect of whom an anti-social behaviour order has been made pursuant to section 1 of the Crime and Disorder Act 1998. Citations: [2002] … Continue reading T, Regina (on the Application Of) v St Albans Crown Court and others: Admn 20 May 2002

Rex v Scudder: 1828

Citations: (1828) 1 Mood CC 216 Statutes: Lord Ellenboroughs Act of 1803 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 regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore … Continue reading Rex v Scudder: 1828

Jenkins v Howells: KBD 1949

A pupil had been continuously away from school because her mother was a chronic invalid and it was necessary for the girl to assist with housework. When the mother was prosecuted pursuant to the Act, she contended that her daughter’s absence was the result of ‘any unavoidable cause’ by reference to the Act. The Divisional … Continue reading Jenkins v Howells: KBD 1949

In Re Estate of Hall: CA 1914

The rule of forfeiture applied as much to manslaughter as to murder. Citations: [1914] P 1 Jurisdiction: England and Wales Cited by: Cited – Challen v Challen and Another ChD 27-May-2020 Forfeiture rule disapplied after spousal abuse The claimant sought the disapplication of the forfeiture rule. She had been convicted of the manslaughter of her … Continue reading In Re Estate of Hall: CA 1914

Mohamed and Another, Regina (on The Application of) v London Borough of Waltham Forest: Admn 7 May 2020

Claims for judicial review raise, among other issues, an issue about the mental elements of the offence of having control of or managing a house in multiple occupation (‘HMO’) which is required to be licensed but which is not so licensed, contrary to section 72(1) of the Housing Act 2004 Citations: [2020] EWHC 1083 (Admin) … Continue reading Mohamed and Another, Regina (on The Application of) v London Borough of Waltham Forest: Admn 7 May 2020

Spiller and Another v Joseph and Others: SC 1 Dec 2010

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

Norwood v Director of Public Prosecutions: Admn 3 Jul 2003

The appellant a BNP member had displayed a large poster in his bedroom window saying ‘Islam out of Britain’. He was convicted of an aggravated attempt to cause alarm or distress. The offence was established on proof of several matters, unless the defendant could establish one of the statutory defences. He argued these should be … Continue reading Norwood v Director of Public Prosecutions: Admn 3 Jul 2003

ANP, Regina v: CACD 28 Jul 2022

Appeal from termination ruling Judges: The Vice President of the Court of Appeal Criminal Division (Lord Justice Holroyde) Mrs Justice Farbey DBE Mr Justice Bennathan Citations: [2022] EWCA Crim 1111 Links: Bailii Jurisdiction: England and Wales Crime Updated: 27 November 2022; Ref: scu.683195

Leeds City Council (Local Government): ICO 26 May 2020

The complainant has requested information about the ‘Empowering mothers against grooming and radicalisation project’ funded by Leeds City Council. The Council provided some information falling within the scope of the request but refused the remainder, citing section 24(1) -safeguarding of national security and 31(1)a – prevention and detection of crime, of the FOIA. The Commissioner’s … Continue reading Leeds City Council (Local Government): ICO 26 May 2020

Vallely, Regina v: CACD 9 Jun 2022

Judges: The Vice President of the Court of Appeal (Criminal Division) Lord Justice Holroyde Mr Justice Griffiths His Honour Judge Drew QC Citations: [2022] EWCA Crim 923 Links: Bailii Jurisdiction: England and Wales Crime Updated: 27 November 2022; Ref: scu.682820

Chadwick v Collinson and Others: ChD 24 Sep 2014

The deceased and the claimant lived together for about 10 years in an apparently stable and loving relationship. They had a son together. They also co-owned a house (by way of joint tenancy) in which they lived. In April 2013 the claimant was referred by his GP for a mental health assessment after describing feelings … Continue reading Chadwick v Collinson and Others: ChD 24 Sep 2014

Henderson v Regina: CACD 17 Jun 2010

The court considered appeals against convictions for homicide of infants by carers. Held: There is no room for trial by expert and in many cases the evidence including the expert evidence, may be insufficient to exclude beyond reasonable doubt an unknown cause of death. Judges: Moses, Rafferty, Hedley LJJ Citations: [2010] EWCA Crim 1269, (2010) … Continue reading Henderson v Regina: CACD 17 Jun 2010

D v L and Others: ChD 16 Apr 2003

The claimant had been found guilty of the manslaughter by diminished responsibility of the deceased. He now sought disapplication of the 1982 Act. Held: The application failed: ‘The reforms introduced by the Homicide Act 1957 were designed to preserve certain classes of offender from capital punishment for killings carried out by reason of diminished responsibility … Continue reading D v L and Others: ChD 16 Apr 2003

Secretary of State for the Home Department v AF: CA 22 Feb 2008

Appeal by AF from an order refusing an application that a hearing under section 3(10) of the Prevention of Terrorism Act 2005 should be before a judge other than Ouseley J and made two declarations Judges: Sir Anthony Clarke MR Citations: [2008] EWCA Civ 117, [2008] ACD 55, [2008] 1 WLR 2528 Links: Bailii Statutes: … Continue reading Secretary of State for the Home Department v AF: CA 22 Feb 2008

Deyemi and Another, Regina v: CACD 13 Aug 2007

After a judge’s ruling as to strict liability for the possession of a prohibited weapon, the defendants pleaded guilty. They now appealed against conviction. The judge had sentenced them on the basis that liability for possession was strict. Held: Parliament had intended to impose a draconian prohibition on the possession of firearms for the obvious … Continue reading Deyemi and Another, Regina v: CACD 13 Aug 2007

In the Estate of Cunigunda Crippen deceased: 1911

Dr Crippen notoriously survived his wife. Between the date of his conviction for her murder and the carrying out of the death sentence passed on him, Dr Crippen made a will naming Ethel Le Neve as the sole executrix and universal beneficiary. Ethel Le Neve was passed over on a motion for the grant of … Continue reading In the Estate of Cunigunda Crippen deceased: 1911

The King v Donnavan: 1730

A prison or common gaol is a house within the meaning of 9 Geo. I. e. 2Z Citations: [1730] EngR 52, (1730-1815) 1 Leach 69, (1730) 168 ER 137 (B) Links: Commonlii Jurisdiction: England and Wales Crime Updated: 26 November 2022; Ref: scu.387681

Cumberbatch v Crown Prosecution Service: Admn 24 Nov 2009

In each case the defendants said that police officers arresting them had not been acting in the course of their duty, and that their resistance had been lawful. Judges: Laws LJ, Lloyd Jones J Citations: [2009] EWHC 3353 (Admin), (2010) 174 JP 149 Links: Bailii Statutes: Police Act 1996 89(2), Police and Criminal Evidence Act … Continue reading Cumberbatch v Crown Prosecution Service: Admn 24 Nov 2009

Boreman and Others, Regina v: CACD 19 Jun 2006

Appeals were allowed where the reputation of the forensic expert upon whose evidence the convictions were based had been seriously damaged. Citations: [2006] EWCA Crim 2265 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Noye, Kenneth, Regina v CACD 22-Mar-2011 The prisoner appealed against his conviction for murder on reference from the CCRC. … Continue reading Boreman and Others, Regina v: CACD 19 Jun 2006

Corner House Research, Regina (on the Application of) v Director of the Serious Fraud Office: Admn 17 Jan 2008

The court considered interlocutory matters in the forthcoming application for judicial review of the respondent’s decision not to proceed with an investigation of allegations of bribery under the 2001 Act. Judges: Moses LJ Citations: [2008] EWHC 71 (Admin) Links: Bailii Statutes: Anti-terrorism, Crime and Security Act 2001 Jurisdiction: England and Wales Cited by: See Also … Continue reading Corner House Research, Regina (on the Application of) v Director of the Serious Fraud Office: Admn 17 Jan 2008

Corner House Research and Another, Regina (on the Application of) v Director of Serious Fraud Office and Another: Admn 4 Feb 2008

The applicant sought judicial review of the decision by the Director to halt the investigation of alleged payment of bribes by a British defence company to members of the Saudi Royal family, which would be an offence under the 2001 Act. Held: Any such decision by the director could be made only on his independent … Continue reading Corner House Research and Another, Regina (on the Application of) v Director of Serious Fraud Office and Another: Admn 4 Feb 2008

Jones, Rex v: CACD 5 Oct 2022

Appeal abandoned Judges: The Vice-President of the Court of Appeal, Criminal Division (Lord Justice Holroyde) Mr Justice Dove Mr Justice Kerr Citations: [2022] EWCA Crim 1344 Links: Bailii Jurisdiction: England and Wales Crime Updated: 26 November 2022; Ref: scu.682826

Israel, Regina v: CACD 9 Aug 2022

From sentence of two years and eight months for one count of robbery after plea of guilty. Citations: [2022] EWCA Crim 1292 Links: Bailii Jurisdiction: England and Wales Crime Updated: 26 November 2022; Ref: scu.682443

Hampshire Constabulary (Police and Criminal Justice): ICO 26 May 2020

The complainant requested information, in a four-part request, relating to meetings Hampshire Police held with the Hampshire Police and Crime Commissioner, together with details of complaints / allegations, associated correspondence and actions taken. Hampshire Constabulary provided some of the requested information. It refused to provide the remainder citing section 12(1) of FOIA, as to do … Continue reading Hampshire Constabulary (Police and Criminal Justice): ICO 26 May 2020

Skeete, Rex v: CACD 17 Nov 2022

Appeal from conviction of rape. Judges: Lord Justice William Davis Mrs Justice Yip And Mr Justice Henshaw Citations: [2022] EWCA Crim 1511 Links: Bailii Jurisdiction: England and Wales Crime Updated: 26 November 2022; Ref: scu.683198

C v S and Others (Money Laundering: Discovery of Documents): CA 3 Oct 1998

The money laundering regulations create a conflict between private rights and criminal provisions, particularly the restriction on information which might prejudice an investigation may be under way. Conflicts were resolved by guidance from NCIS. The court set out a procedure to be followed where compliance with an order for disclosure of information in civil proceedings … Continue reading C v S and Others (Money Laundering: Discovery of Documents): CA 3 Oct 1998

Regina v Nelson Group Services (Maintenance) Ltd: CACD 30 Jul 1998

The fact that a third party was put at risk by the negligence of an employee did not prevent the employer seeking to rely upon the statutory defence that he had taken all reasonable steps to avoid such risks. Judges: Roch LJ, Bennett, Thomas JJ Citations: Times 17-Sep-1998, [1999] IRLR 646, [1998] EWCA Crim 2511, … Continue reading Regina v Nelson Group Services (Maintenance) Ltd: CACD 30 Jul 1998

Regina v Richardson: CACD 6 Apr 1998

The question was whether a dentist whose right to practice had been suspended was guilty of assault because the apparent consent of a number of patients was vitiated by mistake about her status as a dentist. The dentist had failed to disclose that her right to practice had been suspended. The prosecution argued that the … Continue reading Regina v Richardson: CACD 6 Apr 1998

Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017

The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances in the appearance of the sides of playing cards, and the manipulation of … Continue reading Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017