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 observed, that it is the glory of this country that it affords an asylum to proscribed and persecuted exiles from all parts of the world. But those who find an asylum here must ever bear in mind that while they have the protection of the law of England they are bound to obey that law, and that they are equally liable with the subjects of Her Majesty for any crime which may be committed by them while they are resident within the realm. I hope they will bear this in mind and will understand that it is a crime on the part of a British subject, or for a foreigner owing temporary allegiance to the Crown of England, to plot and conspire for the commission of a crime in a foreign country, or for the commission of a crime in this country.’
Judges:
Lord Campbell CJ
Citations:
(1858) 8 St Tr NS1091
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Abu Hamza CACD 28-Nov-2006
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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 23 November 2022; Ref: scu.247650