Regina v Serva and nine others; 26 Jul 1845

References: (1846) 2 C & K 53, [1845] EngR 274, (1845) 1 Den 104, (1845) 169 ER 169, [1845] EngR 1168, (1846) 2 Car & K 53, (1845) 175 ER 22
Links: Commonlii, Commonlii
Coram: Lord Ellenborough
The court considered the meaning of the phrase ”against the peace of the King’
Held: The phrase applies to the offender: it relates to his capacity to commit the crime.
This case is cited by:

  • Cited – Regina -v- Page CMAC ([1954] 1 QB 170)
    The defendant, a corporal in the Royal Corps of Signals had been tried and convicted by a Court Martial in Egypt for the murder of an Egyptian national in an Egyptian village. The issue in the appeal was whether a Court Martial had jurisdiction . .
  • Cited – Regina -v- Abu Hamza CACD (Bailii, [2006] EWCA Crim 2918, Times 30-Nov-06, [2007] 2 WLR 226, [2007] 3 All ER 451, [2007] 1 Cr App R 27)
    The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out . .
  • Cited – Regina -v- Adebolajo and Another CACD (Bailii, [2014] EWCA Crim 2779, [2014] WLR(D) 519, WLRD)
    The defendants had been convicted of the brutal and public murder of Fusilier Lee Rigby in London, and sentenced to whole life term for Adebolajo and 45 years for Adebowale. They now sought leave to appeal against conviction and sentence.