Search Results for: Crime

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Fitzgerald, Regina v: CACD 6 Mar 1998

The defendant appealed against his conviction for robbery. At interview, his solicitor had explained his failure to answer questions by reference to the involvement of others, but in terms which treated this itself as an admission. Held: The appeal failed: ‘the terms of the summing-up, as a whole, indicated plainly to the jury that it … Continue reading Fitzgerald, Regina v: CACD 6 Mar 1998

Orton v Truro Crown Court and Another: Admn 21 Jan 2009

An application had been made under section 298 of the 2002 Act for the forfeiture of cash. The application had been dismissed by the magistrates’ court, but they also refused order the defendant’s costs. The police appealed to the Crown Court against the magistrates’ refusal to make a forfeiture order. Their appeal was dismissed, but … Continue reading Orton v Truro Crown Court and Another: Admn 21 Jan 2009

Mallick, Regina v: CACD 3 Mar 2020

Application by the prosecution for leave to appeal against a terminating ruling. Judges: Lord Justice Holroyde Mrs Justice Thornton DBE Her Honour Judge Munro QC (Sitting as a Judge of the Cacd) Citations: [2020] EWCA Crim 348 Links: Bailii Jurisdiction: England and Wales Crime Updated: 19 November 2022; Ref: scu.682449

Twum-Barima, Regina v: CACD 9 May 2020

Judges: Lord Justice Popplewell Mr Justice Goose Mr Justice Hilliard Citations: [2020] EWCA Crim 1009 Links: Bailii Statutes: Proceeds of Crime Act 2002 327 Jurisdiction: England and Wales Crime Updated: 19 November 2022; Ref: scu.682453

Corbett, Regina v: CANI 6 Sep 2022

Judges: Keegan LCJ Citations: [2022] NICA 44 Links: Bailii Statutes: Prevention of Terrorism (Temporary Provisions) Act 1989 9(2)(a) Jurisdiction: Northern Ireland Crime Updated: 19 November 2022; Ref: scu.682811

Kaler v Insights ESC Ltd (Disability Discrimination): EAT 25 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 Kaler v Insights ESC Ltd (Disability Discrimination): EAT 25 Sep 2020

Magson v Regina: CACD 28 Jan 2020

From conviction of murder Judges: Vice-President Court of Appeal (Criminal Division) (Lord Justice Fulford) Mr Justice William Davis Citations: [2020] EWCA Crim 27 Links: Bailii Jurisdiction: England and Wales Crime Updated: 18 November 2022; Ref: scu.682447

London Fire Commissioner v Bupa Care Homes (ANS) Ltd: CACD 17 Nov 2022

Bupa appealed from a finding that they had caused the death of a care home resident. Judges: Lady Justice Carr Mrs Justice May And His Honour Judge Edmunds KC Citations: [2022] EWCA Crim 1508 Links: Bailii Statutes: Regulatory Reform (Fire Safety) Order 2005, Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 Jurisdiction: England … Continue reading London Fire Commissioner v Bupa Care Homes (ANS) Ltd: CACD 17 Nov 2022

Beresford v Regina: CACD 11 Dec 2020

Appeal against conviction for rape – ‘(1) the trial was unfair because of impermissible interventions by the judge, particularly when the appellant was giving evidence; (2) the directions given by the judge relating to character, drunkenness and a motivation to lie were misdirections, and the judge should have invited submissions from counsel about his decision … Continue reading Beresford v Regina: CACD 11 Dec 2020

Rohlena v The Czech Republic: ECHR 18 Apr 2013

Citations: 59552/08 – Chamber Judgment (French Text), [2013] ECHR 343 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Rohlena v The Czech Republic ECHR 27-Jan-2015 ECHR Article 7 Article 7-1 Heavier penalty Nullum crimen sine lege Conviction for ‘continuing’ offence comprising acts committed before it was introduced in the Criminal … Continue reading Rohlena v The Czech Republic: ECHR 18 Apr 2013

Regina v Cosford and Others: CACD 16 Apr 2013

The appellants, female prison workers, appealed against their convictions for misconduct in public office having been found to have engaged in sexual activity with male prisoners. Held: The appeals were dismissed: ‘Nothing in the authorities justifies the conclusion that the ‘strict confinement’ should be to the position held by whomsoever is carrying out the duty: … Continue reading Regina v Cosford and Others: CACD 16 Apr 2013

Regina v Secretary of State for Home Department ex parte Stafford: CA 26 Nov 1997

The Home Secretary has an extraordinarily wide discretion to refuse to release a mandatory lifer after the punitive part of sentence if there was a remaining risk to the public. Citations: Times 28-Nov-1997, [1997] EWCA Civ 2830 Statutes: Crime (Sentences) Act 1997 29 Jurisdiction: England and Wales Cited by: Appeal from – Regina v Secretary … Continue reading Regina v Secretary of State for Home Department ex parte Stafford: CA 26 Nov 1997

Attorney General’s Reference On A Point of Law No 1 of 2022: CACD 28 Sep 2022

Questions of Law Arising From Prosecution In Crown Court for Allegations of Criminal Damage To A Statue Judges: The Lord Burnett of Maldon, Lord Chief Justice of England and Wales Mr Justice Holgate And Mr Justice Saini Citations: [2022] EWCA Crim 1259, [2022] WLR(D) 383 Links: Bailii, Judiciary, WLRD Jurisdiction: England and Wales Crime, Human … Continue reading Attorney General’s Reference On A Point of Law No 1 of 2022: CACD 28 Sep 2022

Wilmot v Tyler: 1792

An appeal after the defendant has pleaded in chief he cannot object that there were not fifteen days between the teste and the return of the original. After judgment for the defendant in appeal on a writ which might have been abated, though the defendant has been convicted and received his clergy on an indictment … Continue reading Wilmot v Tyler: 1792

Campbell, Regina v (42): CANI 30 Jun 2022

Judges: Treacy LJ , Maguire LJ and O’Hara J Citations: [2022] NICA 42 Links: Bailii Statutes: Explosive Substances Act 1883 2 Jurisdiction: Northern Ireland Cited by: Cited – Campbell, Regina v (41) CANI 30-Jun-2022 . . Lists of cited by and citing cases may be incomplete. Crime Updated: 17 November 2022; Ref: scu.682796

Asmeron v Regina: CACD 11 Apr 2013

The court gave its reasons for allowing the defendant’s appeal against his conviction for entering into the UK without a passport. He had given his passport to an agent purporting to arrange his entry and under whose control he was. He claimed refugee status from Eritrea. Held: The question was whether this amounted to a … Continue reading Asmeron v Regina: CACD 11 Apr 2013

Shahid v HM Advocate: HCJ 8 Oct 2010

Appeal from conviction and sentence for murder Citations: [2010] ScotHC HCJAC – 101, [2010] ScotHC HCJAC – 101 Links: Bailii, Bailii Jurisdiction: Scotland Cited by: See Also – Shahid v HM Advocate HCJ 8-Jul-2011 . . Lists of cited by and citing cases may be incomplete. Crime Updated: 14 November 2022; Ref: scu.444914

HM Advocate v John Robertson: 1854

Citations: (1854) 1 Irv 469 Jurisdiction: Scotland Cited by: Cited – Kane v HM Advocate; MacAngus v HM Advocate HCJ 27-Jan-2009 The defendants appealed against convictions for culpable homicide. In each case they had supplied a drug to the victim who had then self-administered the drug and died as a consequence. Held: The appeals failed. … Continue reading HM Advocate v John Robertson: 1854

Dixie, Regina v: CACD 3 Feb 2009

Renewed application for leave to appeal from conviction of murder. Admission of evidence of an unprosecuted investigation of defendant on similar matter as evidence of propensity. Citations: [2009] EWCA Crim 188 Links: Bailii Jurisdiction: England and Wales Crime Updated: 14 November 2022; Ref: scu.321830

N (Kenya) v The Secretary of State for the Home Department: CA 5 Aug 2004

The appellant a foreign national, had been convicted of very serious sex offences, and as his sentence came to an end was ordered to be deported. He appealed saying this infringed his right to a family life. Held: The court had to balance the public revulsion at his crimes with the need for compassion. The … Continue reading N (Kenya) v The Secretary of State for the Home Department: CA 5 Aug 2004

Bucur And Toma v Romania: ECHR 8 Jan 2013

ECHR Article 10-1Freedom to impart informationCriminal conviction for making public irregular telephone tapping procedures: violationFacts – The first applicant worked in the telephone communications surveillance and recording department of a military unit of the Romanian Intelligence Service (RIS). In the course of his work he came across a number of irregularities. In addition, the telephones … Continue reading Bucur And Toma v Romania: ECHR 8 Jan 2013

Othman (Aka Abu Qatada) v Secretary of State for The Home Department: CA 27 Mar 2013

The appellant sought the deportation of the respondent to his home country of Jordan to face trial on terrorism related charges. The respondent said that evidence against him would have been obtained by torture, and challenged re-assurances accepted by the respondent as to the conduct of the trial. He said there was a real risk … Continue reading Othman (Aka Abu Qatada) v Secretary of State for The Home Department: CA 27 Mar 2013

Pollett and Others v Regina: CACD 26 Mar 2013

Parties had been convicted of various offences associated with the conduct of a large Ponzi investment fraud scheme, and now appealed against sentence and or conviction. Held: In P’s case, the charges had been laid as alternatives, and having been convicted of one offence, the judge should have withdrawn the other which was derived from … Continue reading Pollett and Others v Regina: CACD 26 Mar 2013

Dawes and Others v Regina: CACD 26 Mar 2013

The defendants appealed their respective convictions for murder, saying that they had been provoked, and that their judges had wrongly directed their juries as to what amounted to qualifying trigger under the 2009 Act, which had replaced the former provocation defence. Held: Each appeal was rejected. To raise the defence, the defendant had to establish … Continue reading Dawes and Others v Regina: CACD 26 Mar 2013

Jackson v Regina: CACD 28 Feb 2013

The appellant had been convicted of murder in 1992. He now sought leave to appeal to be allowed to argue diminished responsibility. Judges: Hughes LJ, Gloster, Hickinbottom JJ Citations: [2013] EWCA Crim 163 Links: Bailii Jurisdiction: England and Wales Crime Updated: 14 November 2022; Ref: scu.471982

United Kingdom of Great Britain And Northern Ireland and Others v Kadi: ECJ 19 Mar 2013

ECJ Appeal – Common foreign and security policy (CFSP) – 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 … Continue reading United Kingdom of Great Britain And Northern Ireland and Others v Kadi: ECJ 19 Mar 2013

Bristol City Council (Local Government): ICO 10 Feb 2022

The complainant has requested information concerning the value of the chains of office of the mayor and mayoress of Bristol, which were stolen in 2020. The council initially claimed that the exemption in section 31(1)(a) of FOIA applied (prevention and detection of crime). During the course of the Commissioner’s investigation, however, it changed its position … Continue reading Bristol City Council (Local Government): ICO 10 Feb 2022

Dickinson, Regina v: CACD 24 Apr 2020

Historic sexual offending committed by the applicant against his adopted children between February 1975 and September 1977. Judges: Lady Justice Carr DBE Mr Justice Goose Recorder of Westminster (Her Honour Judge Deborah Taylor) (Sitting as a Judge of the Cacd) Citations: [2020] EWCA Crim 571 Links: Bailii Jurisdiction: England and Wales Crime Updated: 14 November … Continue reading Dickinson, Regina v: CACD 24 Apr 2020

Department for Work and Pensions v Courts: Admn 3 May 2006

The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006

Brooklyn House Ltd v Commission for Social Care Inspection: Admn 25 May 2006

The defendant company had been convicted of failing to keep proper drugs records in the nursing home it ran. Held: The prosecution by the CSCI ws necessarily authorised by the CSCI. As to the issue of intention, the offences alleged were ones of strict liability. The judge had looked to the outcome of the offences … Continue reading Brooklyn House Ltd v Commission for Social Care Inspection: Admn 25 May 2006

Evans, Regina v: CACD 23 Jan 2013

The defendant appealed against his conviction in a case concerning the use of a false passport. The central issue was whether the appellant had a defence based upon the proposition that he was a refugee entitled to asylum in this country. He had been deported to Jamaica, but returned with a forged passport which was … Continue reading Evans, Regina v: CACD 23 Jan 2013

Redcar v Dady and Others: QBD 8 Mar 2013

The defendants had faced charges of conspiracy to defraud. After the charges were dismissed, the prosecutor now sought a voluntary bill of indictment for their revival. Held: The request was refused. Exceptional circumstances are required to reverse the effect of such a ruling. And good reasons are required to permit a common law conspiracy charge … Continue reading Redcar v Dady and Others: QBD 8 Mar 2013

Halligen v Secretary of State for The Home Department: Admn 19 Dec 2012

Citations: [2012] EWHC 3784 (Admin) Links: Bailii Cited by: Cited – VB and Others v Westminster Magistrates SC 5-Nov-2014 Extraditions to follow normal open justice rules Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence … Continue reading Halligen v Secretary of State for The Home Department: Admn 19 Dec 2012

Davis v Leicestershire Constabulary: Admn 18 Jul 2012

The claimant appealed against the refusal of the return of money seized from him by the respondent’s officers under the 2002 Act. The magistrates had declined jurisdiction saying that the complaint was out of time. The claimant said that his request was neither a complaint nor an information so as to fall foul of the … Continue reading Davis v Leicestershire Constabulary: Admn 18 Jul 2012