Appeal from conviction of breach of non-molestation order – burden of proof. Citations: [2010] EWCA Crim 835 Links: Bailii Statutes: Family Law Act 1996 42A(1) Jurisdiction: England and Wales Crime Updated: 25 November 2022; Ref: scu.408824
The applicant challenged the imposition of a sex offender’s order, on the basis that having been convicted of the last offence, that was the date after which he had to have behaved in such a way as to cause the concern necessary in turn to found an application. Held: The Act required only such behaviour … Continue reading Hopson (Darren) v Chief Constable of North Wales Police: QBD 25 Oct 2002
A man, under the age of 23, had intercourse with a 15 year-old girl. He was charged with offences against section 5(1) of the 1885 Act and section 52 of the 1861 Act, relating to the same act of intercourse. He pleaded not guilty to the first (more serious) offence but guilty to the second … Continue reading Rex v Forde: CCA 1923
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
Legal professional privilege. Citations: [1823] 2 D and R 347 Jurisdiction: England and Wales Cited by: Cited – Miller Gardner Solicitors, Regina (on the Application of) v Minshull Street Crown Court Admn 20-Dec-2002 Police investigating crime obtained a warrant to search a solicitor’s offices for details of their clients. The solicitors appealed. Held: The details … Continue reading Studdy v Sanders and others: 1823
It was not an assault on a girl, for a man to invite an eleven year old girl to touch him (in this case her father) indecently. Citations: [1953] 1 WLR 1017, [1953] 2 All ER 644 Jurisdiction: England and Wales Cited by: Cited – B (A Minor) v Director of Public Prosecutions HL 23-Feb-2000 … Continue reading Director of Public Prosecutions v Rogers: 1953
In the course of a robbery the defendant had held his finger in his pocket to suggest that he was pointing a gun at the victim. He now appealed against a conviction for possession of an imitation firearm. Held: The defendant could not successfully argue that he could not be prosecuted for possessing a part … Continue reading Regina v Bentham: CACD 5 Dec 2003
The court rejected a suggestion that there was a right of public meeting in Trafalgar Square or any other thoroughfare. ‘So far as I know the law of England, the use of public thoroughfares is for people to pass and repass along them. That is the purpose for which they are, as we say, dedicated … Continue reading Regina v Cunningham Graham and Burns: 1888
Judges: Lord Justice General and Lord Sutherland and Lord Coulsfield Links: ScotC Jurisdiction: Scotland Crime Updated: 25 November 2022; Ref: scu.170977
In the case of what is a result crime in English Law, the offence is committed in England and justiciable by an English court if any part of the proscribed result takes place in England. The gist of the offence of obtaining by false pretences lies in the act of obtaining, and that if this … Continue reading Regina v Ellis: 1899
(South African Constitutional Court) The court explained the significance of the presumption of innocence: ‘There is a paradox at the heart of all criminal procedure in that the more serious the crime and the greater the public interest in securing convictions of the guilty, the more important do constitutional protections of the accused become. The … Continue reading State v Coetzee: 1997
Lord Reading CJ said: ‘We do not assent to the suggestion that as the defence throughout the trial was accident, the judge was justified in not putting the question as to manslaughter. Whatever the line of defence adopted by counsel at the trial of a prisoner, we are of opinion that it is for the … Continue reading Regina v Hopper: CCA 1914
The defendant challenged his conviction for supplying false information on applying for a shotgun certificate. He had said that he had no convictions, but failed to disclose an adminishment, refusing to add the case to the application, having explained to the constable that he had not been convicted. Held: ‘There may have been an error … Continue reading White v Procurator Fiscal, Perth: HCJ 27 Jan 1999
It is not in the interests of justice for the prosecution to be given a second chance to make good deficiencies in its case. The Board gave guidance on the considerations relevant to ordering a new trial: ‘. . the interest of justice that is served by the power to order a new trial is … Continue reading Reid v The Queen: PC 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 defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. In this case however the summing up was so … Continue reading Regina v Derek William Bentley (Deceased): CACD 30 Jul 1998
(Jersey) The defendant appealed his conviction for murder, claiming a misdirection on the law of provocation. A chronic alcoholic, he had admitted killing his girlfriend with an axe. Nine law lords convened to seek to reconcile conflicting decisions of the House as to provocation. Held: The defence of provocation has two ingredients. The first, subjective … Continue reading Her Majestys Attorney General for Jersey v Holley: PC 15 Jun 2005
The defendant, a prostitute wearing revealing clothing sat silent and motionless behind a bay window, illuminated by a red light, to advertise her services as a prostitute. Held: She was soliciting, in the sense of tempting or alluring prospective customers to visit her for the purposes of prostitution. No movement, signal or words were required. … Continue reading Behrendt v Burridge: QBD 1975
The court granted permission to appeal against a conviction for murder on grounds that related to the judge’s summing up in respect of provocation: ‘Although Holley is a decision of the Privy Council and Morgan Smith a decision of the House of Lords, neither side has suggested that the law of England and Wales is … Continue reading Mohammed, Regina v: CACD 13 Jul 2005
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006
Golden Thread of British Justice – Proof of Intent The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired … Continue reading Woolmington v Director of Public Prosecutions: HL 23 May 1935
The appellant was convicted of one count of causing or inciting a child under 13 to engage in sexual activity, one count of rape of a child under 13, and 7 further counts of rape of a child. Judges: Lady Justice Whipple Mr Justice Garnham And Her Honour Judge Karu the Recorder of Southwark Citations: … Continue reading Pike v Rex: CACD 14 Nov 2022
Judges: Mccloskey LJ and Colton J Citations: [2022] NICA 36 Links: Bailii Jurisdiction: Northern Ireland Crime Updated: 25 November 2022; Ref: scu.682791
There are exceptional cases to the rule in Woolmington for: ‘offences where onus of proof is specially dealt with by statute’. ‘There is no reason to repeat to the jury the warning as to reasonable doubt again and again, provided that the direction is plainly given.’ The House considered the reasonable man test in the … Continue reading Mancini v Director of Public Prosecutions: HL 1941
Citations: [2022] EWCA Crim 1238 Links: Bailii Jurisdiction: England and Wales Crime Updated: 25 November 2022; Ref: scu.682324
Appeals from conviction for murder following a reference by the Criminal Cases Review Commission Citations: [2006] EWCA Crim 962 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.270243
Reference by the Criminal Cases Review Commission under section 9 of the Criminal Appeal Act 1995 based upon what the Commission identified at the date that it made the reference as a possible misdirection by the judge as to provocation Citations: [2006] EWCA Crim 1721 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November … Continue reading Moses, Regina v: CACD 28 Jun 2006
The court considered the availability of mistake as to consent as a defence to a charge of rape: ‘What the learned trial judge did in the present case was to omit from the definition of rape that he gave to the jury all reference to the element of intention … but to tell the jury … Continue reading Regina v Daly: 1968
The defendant went bathing at Brighton; he was seen as he undressed and swam in the sea. He was convicted of outraging decency for exposing his naked person in presence of people. Held: By exposing his naked person he was guilty of a misdemeanour, as it outraged public decency. ‘The law will not tolerate such … Continue reading Crunden’s Case: 1809
(Old Bailey) The defendants were each charged with exposure to each other and the commission of lewd acts in a urinal in a market which was alleged to be a public place; no one could see in from the outside. The prosecution argued that if the defendants committed an act in a place where the … Continue reading Rex v Orchard and Thurtle: 1848
Thallman had exposed himself on the roof of a house in Albemarle Street, Piccadilly opposite to a window in a house where females lived. He was indicted for doing this in the ‘sight and view’ of those who lived opposite and of those going along the public highway. His actions could not be seen from … Continue reading Regina v Thallman: 1863
The defendant had exposed himself on a bus. He was indicted for exposing himself in a public vehicle frequented and used by divers subjects of the Queen ‘to the view of’ them and in a second count for exposing himself in a public place. It was contended that there was no offence because the bus … Continue reading Regina v Holmes: 1853
The defendant was convicted for outraging public decency, having procuring a girl for the purposes of prostitution. Citations: (1763) 3 Burr 1434 Jurisdiction: England and Wales Cited by: Cited – Hamilton, Regina v CACD 16-Aug-2007 The defendant appealed his conviction for outraging public decency. He had surreptitously filmed up the skirts of women in a … Continue reading Delaval’s Case: 1763
The defendants appealed their convictions for exposing themselves on Wandsworth Common. The indictment charged them with doing so in the ‘sight and view’ of divers others. There was evidence that they had sexual intercourse on the common, but not that it was seen by anyone other than a single witness or within the possible sight … Continue reading regina v Elliot and White: 1861
Renewed application for permission to appeal against order under the 2002 Act. Citations: [2005] EWCA Civ 334 Links: Bailii Statutes: Proceeds of Crime Act 2002 243 266 Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.245862
Judges: Lord Justice Thomas Citations: [2006] EWCA Crim 470 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.239057
From conviction of 6 offences of importing Class A drugs namely cocaine. Judges: Lord Justice Scott Baker Citations: [2006] EWCA Crim 419 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.239238
Appeal from conviction of doing an act with intent to pervert the course of public justice. Misidentification of driver in serious road accident. Judges: Lord Phillips of Worth Matravers Citations: [2006] EWCA Crim 903 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.241499
Appeal from conviction of murder: ‘whether the judge erred in admitting into evidence the police questioning of the appellant that was conducted at a time when he was treated as a volunteer rather than as a suspect and he was not given a full caution. Secondly, there is an application to add a further ground … Continue reading Shillibier v Regina: CACD 6 Apr 2006
(Court of Appeal of Malaya) Thomson CJ: ‘it is quite clear that the expression ’causes a woman with child to miscarry’ means to cause her to lose from the womb prematurely the products of conception and . . therefore there can be no offence under the section unless there are products of conception’. Judges: Thomson … Continue reading Munah Binti Ali v Public Prosecutor: 1958
The indictment read that the defendant on a charge of murder had ‘feloniously struck, killed, and murdered’ the victim. Held: The words were sufficient without an allegation of ‘malice aforethought’. The word murder implies ‘malice aforethought’. Citations: (1551) 1 Dyer 68, 73 ER 145 Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.223122
Citations: (1674) Kelyng 27 Jurisdiction: England and Wales Cited by: Cited – Woolmington v Director of Public Prosecutions HL 23-May-1935 Golden Thread of British Justice – Proof of Intent The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the … Continue reading Rex v Legg: 1674
Once the prosecution has established that one person has died at the hand of another, it is for the defedant to establish by evidence or inference form the circumstances some excuse or mitigation to reduce the charge from murder. Citations: (1837) 8 CandP 35 Jurisdiction: England and Wales Cited by: Cited – Woolmington v Director … Continue reading Rex v Greenacre: 1837
A felony crime was reported to the police by the defendant. The police officer attended, and on the information supplied arrested the plaintiff who was taken to the police station and charged, signing the charge sheet. Held: The defendant was not liable to the plaintiff in an action for trespass. Pollock CB said: in the … Continue reading Grinham v Willey: 1859
Citations: [2004] NICA 41 Links: Bailii Jurisdiction: Northern Ireland Crime Updated: 24 November 2022; Ref: scu.219562
Citations: [2001] EWCA Crim 1027, Unreported, 6 April 2001 Statutes: Regulation of Investigatory Powers Act 2000 Jurisdiction: England and Wales Cited by: Cited – Attorney General’s Reference (No 5 of 2002) HL 14-Oct-2004 The Attorney General sought the correct interpretation of section 17 where a court was asked as to whether evidence obtained from a … Continue reading Regina v Allan: CACD 6 Apr 2001
It was just possible to imagine cases in which the expediency of breaking the law was so overwhelming that people might be justified in breaking it. The rule could be extended to cases of treason upon a general principle that it could to be extended to other classes of crime. Judges: Lord Mansfield Citations: (1779) … Continue reading Rex v Stratton: 1779
In a case of treason immediate fear of death can be a justification. Citations: Hale, “Pleas of the Crown” Vol 1 p 50 Jurisdiction: England and Wales Cited by: Cited – Attorney-General v Whelan 20-Dec-1933 (Court of Criminal Appeal – Ireland) The appellant had been tried as part of a conspiracy to steal and to … Continue reading Oldcastle’s Case: 1419
(Supreme Court of Ireland) The court looked at a law in which the choice of alternative penalties was left to the executive: ‘There is a clear distinction between the prescription of a fixed penalty and the selection of a penalty for a particular case. The prescription of a fixed penalty is the statement of a … Continue reading Deaton v Attorney General and Revenue Commissioners: 1963
A conviction for rape was upheld in respect of sexual intercourse with a girl of weak intellect. The jury found that she was incapable of giving consent due to her defect of reasoning. Citations: (1859) Bell CC 63, [1859] 169 ER 1168 Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.196594
A constable was indicted for refusing to make a hue and cry after notice of a burglary committed in the night. Citations: (1599) 2 Hawk PC 116 Jurisdiction: England and Wales Cited by: Cited – Attorney General’s Reference (No 3 of 2003) CACD 7-Apr-2004 Police Officers had been acquitted of misconduct in public office. They … Continue reading Crouther’s case: 1599
An indictment for murder, by inflicting a mortal wound, is supported by proof of a blow, which caused an internal breach of the skin, though externally there were only the appearances of a bruise. Quaere, Whether such an allegation would have been sufficient in an indictment on the statute for cutting or wounding, with intent … Continue reading Regina v Levi Warman: 1846
The owners had purchased their property with a loan from the BBBS. A charge was then given to BCCI, which charge said no further charge could be registered without BCCI ‘s consent. The C and G agreed to lend a sum to refinance the entire borrowings, but on the day it was to be completed, … Continue reading Cheltenham and Gloucester Plc v Appleyard and Another: CA 15 Mar 2004
Jury Directions in diminished responsibility case. Citations: [1985] Cr LR 314 Jurisdiction: England and Wales Cited by: Disapproved – Regina v Dietschmann HL 27-Feb-2003 Voluntary drunkenness No Diminished Responsibility The defendant had been convicted of murder. At the time of the assault, he was both intoxicated to the point of losing his inhibitions and was … Continue reading Regina v Atkinson: 1 Mar 1985
Citations: [1976] 2 All ER 937 Jurisdiction: Northern Ireland Crime Updated: 24 November 2022; Ref: scu.188785
Free movement of goods – Prohibition of resale at a loss. A national law is fair if the rules it applies deal equally to imported and home goods. Europa Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Concept – Obstacles to trade resulting from disparities between national legislation laying down … Continue reading Bernard Keck and Daniel Mithouard (Rec 1993,p I-6097) (SV93-431) (Judgment): ECJ 24 Nov 1993
Appeal from conviction of murder Citations: [2002] EWCA Crim 1 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.167989
Appeal against convictions of attempted murder and possessing a firearm with intent to endanger life. Citations: [2020] EWCA Crim 834 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.659208
Citations: [2020] EWCA Crim 1677 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.657277
Prosecution appeal by the Appellant (‘the SFO’) under s.58 and following of the Criminal Justice Act 2003 against a Ruling together with other related rulings), in which he upheld the various submissions of the Respondents that there was no case to answer in respect of the count/s of the indictment which concerned each of them. … Continue reading Varley and Others, Regina v: CACD 21 Jun 2019
Reconsideration of approach to honesty after disapproval of Ghost in Ivey Citations: [2020] EWCA Crim 575 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.650499
Appeal from conviction of aiding and abetting the offence of fraud by false representation, contrary to section 1 of the Fraud Act 2006. Citations: [2020] EWCA Crim 454 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.650498
Citations: [2019] EWCA Crim 2284 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.650536
The complainant requested information about crimes reported on the Parliamentary estate. The Commissioner’s decision is that the Commissioner of the Metropolitan Police failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the MPS to take the following steps to ensure compliance with … Continue reading Commissioner of The Metropolitan Police Service (Police and Criminal Justice): ICO 22 May 2019
Appeal from conviction of murder – reference by CCRC – reliability of confession Citations: [2006] EWCA Crim 2983 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.638792
The defendant had been convicted of a mortgage style fraud in 2013, and confiscation orders made. He now sought to appeal out of time. Held: ‘ it would be contrary to the good administration of justice to grant so lengthy an extension of time as now sought – an extension for which no real reason … Continue reading Yaxley-Lennon, Regina v: CACD 14 Feb 2018
Judges: The Lord Burnett of Maldon LCJ Citations: [2018] EWCA Crim 480 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.630957
The defendant appealed against his conviction for murder. Judges: Lord Templeman, Lord Jauncey of Tullichettle, Lord Slynn of Hadley, Lord Woolf, Lord Lloyd of Berwick Citations: [1994] 2 AC 324, [1994] UKPC 5, [1994] UKPC 12 Links: Bailii, Bailii Jurisdiction: England and Wales Cited by: See Also – De Boucherville v The State of Mauritius … Continue reading De Boucherville v The State of Mauritius: PC 18 Apr 1984
Judges: Lady Justice Carr DBE Mrs Justice Mcgowan DBE His Honour Judge Katz (Sitting as a Judge of the Cacd) Citations: [2020] EWCA Crim 1742 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.682461
Judges: Mccloskey LJ , Maguire LJ and Humphreys J Citations: [2022] NICA 24 Links: Bailii Jurisdiction: Northern Ireland Crime, Immigration Updated: 24 November 2022; Ref: scu.682790
Judges: Lord Justice Singh Mrs Justice Whipple DBE Mr Justice Fraser Citations: [2020] EWCA Crim 1342 Links: Bailii Jurisdiction: England and Wales Crime Updated: 24 November 2022; Ref: scu.682457
Citations: [2012] ScotHC HCJAC – 95 Links: Bailii Jurisdiction: Scotland Crime Updated: 23 November 2022; Ref: scu.462846
Citations: [1999] EWCA Crim 81, [1999] CLR 906 Links: Bailii Jurisdiction: England and Wales Crime Updated: 23 November 2022; Ref: scu.468976
Citations: [2009] NICC 65 Links: Bailii Jurisdiction: Northern Ireland Crime Updated: 23 November 2022; Ref: scu.431602
Appeal from conviction for rape. Citations: [2006] EWCA Crim 2150 Links: Bailii Jurisdiction: England and Wales Crime Updated: 23 November 2022; Ref: scu.440359
Citations: [2009] NICC 58 Links: Bailii Jurisdiction: Northern Ireland Crime Updated: 23 November 2022; Ref: scu.431601
Appeal: ‘i) Did the Crown comply with its obligations in respect of disclosure of documents held by the police and other government authorities in South Africa? ii) Did the judge set out in his summing up evidence in relation to the practices of HMRC which had not been given at the trial? iii) Did the … Continue reading Flook, Regina v: CACD 8 Jul 2009
Application for leave to appeal – rejection of claim that some charges were an abuse of process. Judges: Lord Justice Pill Citations: [2009] EWCA Crim 1639 Links: Bailii Statutes: Financial Services and Markets Act 2000 Jurisdiction: England and Wales Crime Updated: 23 November 2022; Ref: scu.415064
Judges: Lord Justice Gage Citations: [2001] EWCA Crim 585 Links: Bailii Jurisdiction: England and Wales Crime Updated: 23 November 2022; Ref: scu.406600
Plea of insanity to murder Citations: [1863] EngR 77, (1863) 3 F and F 840, (1863) 176 ER 384 Links: Commonlii Jurisdiction: England and Wales Crime Updated: 23 November 2022; Ref: scu.282732
Citations: [2009] EWCA Crim 220 Links: Bailii Jurisdiction: England and Wales Crime Updated: 23 November 2022; Ref: scu.311784
(Admissibility) ‘The first applicant is a freelance journalist who works for various German and foreign newspapers, radio and television stations on a regular basis. In particular, she investigates matters that are subject to the surveillance of the Federal Intelligence Service, notably armaments, preparations for war, drug and arms trafficking and money laundering. In order to … Continue reading Weber and Saravia v Germany: ECHR 29 Jun 2006
Citations: [2008] EWCA Crim 1014 Links: Bailii Jurisdiction: England and Wales Crime Updated: 23 November 2022; Ref: scu.267715
Citations: [2002] EWCA Crim 730, [2002] Crim LR 578 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. There were new doubts about the reliabiity of the expert forensic expert. Held: The appeal was dismissed. … Continue reading Hakala, Regina v: CACD 19 Mar 2002
Citations: [2008] EWCA Crim 817 Links: Bailii Jurisdiction: England and Wales Crime Updated: 23 November 2022; Ref: scu.269914
The prosecutor appealed from a terminal ruling, acceding to a submission of no case to answer advanced on behalf of all four defendants.Proof to the criminal standard can be discharged by circumstantial evidence and then by inference: ‘No doubt, if such an inference is prima facie there to be drawn, an evidential burden is cast … Continue reading NW and Others, Regina v: CACD 23 Jan 2008
Citations: [2007] EWCA Crim 1354, [2007] 2 Cr App Rep 33, [2007] Crim LR 984 Links: Bailii Jurisdiction: England and Wales Crime Updated: 23 November 2022; Ref: scu.254445
The defendant appealed his conviction for murder. He complained of the wrongful admission against him of a letter written by another defendant, and that the judge had allowed the jury to get a misleading impression of proceedings against others involved. Held: The admission of the letter had been neither incorrect nor significant, and the jury … Continue reading T, Regina v: CACD 16 May 2007
Two defendants had been convicted as principals of conspiracy to supply drugs. The defendant appealed a confiscation order. Held: Where the two defendants had been convicted of jointly receiving the proceeds, each defendant was properly made subject to a confiscation order for the entire amount. Judges: Moore-Bick LJ, David Clarke and Swift JJ Citations: [2007] … Continue reading Green, Regina v: CACD 25 May 2007
Citations: [1953] 2 All ER 775 Jurisdiction: England and Wales Cited by: Cited – Regina v Sang HL 25-Jul-1979 The defendant appealed against an unsuccessful application to exclude evidence where it was claimed there had been incitement by an agent provocateur. Held: The appeal failed. There is no defence of entrapment in English law. All … Continue reading Browning v Watson: 1953
The defendant was charged with obtaining a valuable security by false pretences, on the basis that he had presented a bill to the prosecutor who accepted it and returned it to the defendant, his acceptance having been induced by false pretences on the part of the defendant. Held: In these circumstances the defendant was not … Continue reading Regina v Danger: 1857
Citations: [1948] 1 KB 68 Jurisdiction: England and Wales Cited by: Cited – Regina v Sang HL 25-Jul-1979 The defendant appealed against an unsuccessful application to exclude evidence where it was claimed there had been incitement by an agent provocateur. Held: The appeal failed. There is no defence of entrapment in English law. All evidence … Continue reading Brannan v Peek: 1948
The defendant was accused of inciting the murder of the Emperor of France. The Attorney -General asked the court to accept undertakings from the defendant on entry of a directed verdict of not guilty. Held: The undertakings were accepted: Lord Campbell CJ: ‘The defendant being a foreigner, I will only add what I have before … Continue reading Regina v Tchorzoewski: 1858
Appeal from convictions for indecent assault – reasons for refusal Citations: [2006] EWCA Crim 1946 Links: Bailii Jurisdiction: England and Wales Crime Updated: 23 November 2022; Ref: scu.244001
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
A youth court remanded the appellant to a local authority with a requirement that the local authority detain him in secure accommodation. No such accommodation was however available. He was brought back to the Youth Court by a member of the youth offending team but he then absconded. He was later convicted of escape. An … Continue reading E v Director of Public Prosecutions: Admn 26 Feb 2002
Citations: [2006] ScotHC HCJAC – 60 Links: Bailii Jurisdiction: Scotland Crime Updated: 23 November 2022; Ref: scu.244564
The defendant had been arrested and then taken to hospital for treatment. On completion of his treatment, he could not find the constable, so went home. He now appealed from conviction of escape contrary to common law. Held: The prosecution must in a case concerning escape prove four things: – i) that the defendant was … Continue reading Dhillon, Regina v: CACD 23 Nov 2005
(Jamaica) The appellant police officer had been convicted that by his negligence he had allowed two prisoners to escape from custody. Given doubt that they were in fact lawfully in custody he argued that there was an onus on the prosecution to establish that there was a lawful custody from which to escape. There was … Continue reading Dillon v The Queen: PC 25 Jan 1982
The defendant had been stopped as a result of erratic driving and breathalysed. The test proving positive, the defendant was told that we would be taken in custody to a police station and he was placed in a police car. He was then left alone for some considerable time whereafter he got out of the … Continue reading Regina v Timmis: CACD 1976