Tag: Crime

Saik v Regina: CACD 24 Nov 2004

The defendant appealed his conviction for conspiracy to launder the proeeds of crime. He had tendered the plea on the basis that he had only suspected and not known that the funds were the proceeds of crime. Whether to allow a defendant to withdraw a plea: ‘For an appeal against conviction to succeed on the basis that the plea was tendered following erroneous advice it seems to us that the facts must be so strong as to show that the plea of guilty was not a true acknowledgment of guilt. The advice must go to the heart of the plea, so that as in the cases of Inns and Turner the plea would not be a free plea and what followed would be a nullity.’

Citations:

[2004] EWCA Crim 2936, Times 29-Nov-2004

Links:

Bailii

Statutes:

Criminal Law Act 1977

Jurisdiction:

England and Wales

Cited by:

Cited – Director of Public Prosecutions v Toney Admn 14-Jul-2005
The defendant appealed a refusal to allow him to withdraw a plea of guilty. He was accused of assaulting his wife. He had had legal advice before interview and trial.
Held: Though the defendant had not waived privilege a note had been placed . .
Appeal from – Saik, Regina v HL 3-May-2006
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Crime

Updated: 01 July 2022; Ref: scu.226820

Harmer v Regina: CACD 21 Jan 2005

The appellant and a co-defendant were charged with conspiracy to launder property which they had reasonable grounds to suspect was the proceeds of drug trafficking or other criminal conduct. The prosecution accepted that they could not establish that the property was the proceeds of crime, and it was not alleged that the defendants knew that it had a criminal origin. The judge did not direct the jury that it was necessary for the prosecution to prove that the money was in fact the proceeds of drug trafficking or other criminal conduct, and he was convicted.
Held: The appeal succeeded. May LJ: ‘Mr Kane’s central submission is that the statutory definition of conspiracy comprising section 1(1)(a) of the 1977 Act embraces an agreement whereby the conspirators intend and agree to commit ‘an offence or offences’. Montila decides that converting or transferring property which a defendant has reasonable grounds to suspect represents another person’s proceeds of crime is not an offence, unless the Crown also prove that the property is the proceeds of crime. The Crown, therefore, did not establish in the present case that the appellant was guilty of conspiracy under section 1(1)(a), since they did not establish that the object of the agreement was an offence. In our judgment, this is clearly a correct construction of the subsection.’

Judges:

May LJ

Citations:

[2005] EWCA Crim 1, [2005] Crim LR 482

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Shivpuri HL 15-May-1986
The defendant had been accused of attempting to import controlled drugs, but the substances actually found were not in fact a controlled drug, though he had believed and intended them to be. He appealed saying that he should not be conviced of an . .

Cited by:

Cited – Saik, Regina v HL 3-May-2006
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 30 June 2022; Ref: scu.226243

Attorney General’s Reference (No 4 of 2004): CACD 22 Apr 2005

The defendant was accused of having racially abused the complainant by referring to him as an ‘immigrant doctor’ before the assault. The trial judge had held that the word ‘immigrant’ was so wide in its possible application as not to be capable of constituting racial abuse.
Held: Whether such words constituted racial agravation in the particular context was a matter for the jury. It was open to the jury to conclude that the defendant had identified her victim as falling into the following racial groups from his appearance and from his accent. Indian, brown skinned. Each of those was unquestionably a racial group within the definition in section 28(4). The word that she used to display hostility was ‘immigrant’. Whether or not ‘immigrants’ constituted a further racial group within the definition in section 28(4), it was open to the jury to find that by using the word immigrant, the defendant was demonstrating hostility to the victim because he was Indian and brown skinned.

Judges:

Auld LJ, Beatson J, Wakerley J

Citations:

[2005] EWCA Crim 889, Times 17-May-2005, [2005] 1 WLR 2810, [2005] 2 Cr App R 26

Links:

Bailii

Statutes:

Criminal Justice Act 1972 36, Crime and Disorder Act 1998 28(4), Criminal Justice Act 1972 36

Jurisdiction:

England and Wales

Citing:

Applied – Director of Public Prosecutions v M (A Minor) Admn 25-May-2004
There was an argument over payment for food with the Turkish chef of a takeaway kebab shop during the course of which the defendant used the words ‘bloody foreigners’ and pushed the shop window causing it to crack. The justices doubted whether the . .
Application for leave – Attorney General Reference No 4 of 2004; Re Green CACD 4-May-2004
A-G’s appeal from unduly lenient sentence of 4 years for offences of aggravated burglary and two counts of robbery.
Held: Granted. 6 years substituted. . .

Cited by:

Applied – Rogers, Regina v CACD 10-Nov-2005
The defendant appealed his conviction for racially aggravated abusive or insulting words or behaviour with intent to cause fear or to provoke violence. He was driving his motorised scooter and came across three Spanish women. In the course of an . .
Cited – Rogers, Regina v HL 28-Feb-2007
The House was asked whether the use of the phrases ‘bloody foreigners’ and ‘get back to your own country’ counted to make a disturbance created by the defendant a racially aggravated crime.
Held: (Baroness Hale of Richmond) ‘The mischiefs . .
Cited – Kendall v Director of Public Prosecutions Admn 26-Jun-2008
Appeal by case stated against conviction for racially aggravated publishing of threatening abusive or insulting materials. The defendant had put up posters at various places with pictures of people convicted of murder and announcing ‘Illegal . .
Cited – Taiwo and Another v Olaigbe and Others SC 22-Jun-2016
The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 30 June 2022; Ref: scu.224919

Williams, Regina v: CACD 25 Jan 2017

Appeal against conviction for rape, saying that the indictment was a nullity

Judges:

Lord Thomas of Cwmgiedd LCJ, Spencer, Stuart-Smith JJ

Citations:

[2017] EWCA Crim 281, [2017] 4 WLR 93

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Lalchan, Regina v CACD 27-May-2022
Conviction withoiut required Consent was Unsafe
Whether a conviction for an offence which requires the consent of the Attorney General before the proceedings are instituted can stand when no such consent was obtained.
Held: The appellant’s arguments were well-founded and his conviction on . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 30 June 2022; Ref: scu.588225

Webb v Avon and Somerset Constabulary and Another: Admn 20 Dec 2017

The appellants challenged the interpretation of the 1991 Act, and of the 2015 Order, and in particular whether the power of a court under section 4B of the Act to make a contingent destruction order (‘CDO’) in relation to a dog prohibited under the Act including those of the type known as pit bull terriers where the court considers that the dog would not constitute a danger to public safety and other conditions are satisfied.

Judges:

Beatson LJ, Whipple J

Citations:

[2017] EWHC 3311 (Admin)

Links:

Bailii

Statutes:

Dangerous Dogs Act 1991, Dangerous Dogs Exemption Schemes (England and Wales) Order 2015

Jurisdiction:

England and Wales

Animals, Crime

Updated: 29 June 2022; Ref: scu.602599

Konzani, Regina v: CACD 17 Mar 2005

The defendant appealed conviction for inflicting grievous bodily harm on three women, by having unprotected sexual intercourse knowing that he was HIV positive, but without telling the women. Each contracted HIV. The allegation was that he had behaved recklessly on the basis that knowing that he was suffering from the HIV virus, and its consequences, and knowing the risks of its transmission to a sexual partner, he concealed his condition from the complainants, leaving them ignorant of it.
Held: ‘The recognition in R v Dica of informed consent as a defence was based on but limited by potentially conflicting public policy considerations. In the public interest, so far as possible, the spread of catastrophic illness must be avoided or prevented. On the other hand, the public interest also requires that the principle of personal autonomy in the context of adult non-violent sexual relationships should be maintained. If an individual who knows that he is suffering from the HIV virus conceals this stark fact from his sexual partner, the principle of her personal autonomy is not enhanced if he is exculpated when he recklessly transmits the HIV virus to her through consensual sexual intercourse. On any view, the concealment of this fact from her almost inevitably means that she is deceived. Her consent is not properly informed, and she cannot give an informed consent to something of which she is ignorant. ‘ and ‘The defendant is not to be convicted of this offence unless it is proved that he was reckless. If so, the necessary mens rea will be established. Recklessness is a question of fact, to be proved by the prosecution. Equally the defendant is not to be convicted if there was, or may have been an informed consent by his sexual partner to the risk that he would transfer the HIV virus to her. ‘ Appeal dismissed.

Judges:

Lord Justice Judge Deputy Chief Justice Of England And Wales, Mr Justice Grigson And His Honour Judge Radford

Citations:

[2005] EWCA Crim 706

Links:

Bailii

Statutes:

Offences Against the Person Act 1861 20

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Brown (Anthony); Regina v Lucas; etc HL 11-Mar-1993
The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that the prosecution had not needed to . .
Cited – Regina v K HL 25-Jul-2001
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history . .
Cited – Regina v Jones (Terence) CACD 1986
The trial judge declined to direct the jury that the defendants were entitled to be acquitted if the jury decided that they were indulging in ‘rough’ and undisciplined sport or play, not intending to cause harm, and genuinely believing that the . .
Cited – Regina v Aitken CACD 1993
The court considered the criminality of high-spirited, ‘horseplay’ which had resulted in serious injury. . .
Cited – Regina v Barnes CACD 21-Dec-2004
The defendant appealed against a conviction for inflicting grievous bodily harm, after causing a serious leg injury in a football match when tackling another player.
Held: There was surprisingly little authority on when it was appropriate to . .
Cited – Regina v Savage; Director of Public Prosecutions v Parmenter HL 7-Nov-1991
The first defendant had been convicted of wounding. She had intended to throw beer over her victim, but her glass slipped from her hand, and cut the victim. The second defendant threw his three year old child in the air and caught him, not realising . .
Cited – Regina v Cunningham CCA 1957
Specific Intention as to Damage Caused
(Court of Criminal Appeal) The defendant wrenched a gas meter from the wall to steal it. Gas escaped. He was charged with unlawfully and maliciously causing a noxious thing, namely coal gas, to be taken by the victim.
Held: Byrne J said: ‘We . .
Cited – Regina v Dica CACD 5-May-2004
Reckless HIV transmission – Grievous Bodily Harm
The defendant appealed against his conviction for inflicting grievous bodily harm. He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. It was not suggested that any rape . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 June 2022; Ref: scu.223634

Kennedy v Regina: CACD 17 Mar 2005

The court considered when it was appropriate to find someone guilty of manslaughter where that person has been involved in the supply of a Class A controlled drug, which is then self administered by the person to whom it is supplied, and the administration of the drug then causes his death.
Held: Courts had reached conflicting decisions. The act of preparation, supply and cunsumption should be seen as one event. ‘[I]t was open to the jury to convict the appellant of manslaughter. To convict, the jury had to be satisfied that, when the heroin was handed to the deceased ‘for immediate injection’, he and the deceased were both engaged in the one activity of administering the heroin. These were not necessarily to be regarded as two separate activities; and the question that remains is whether the jury were satisfied that this was the situation. If the jury were satisfied of this then the appellant was responsible for taking the action in concert with the deceased to enable the deceased to inject himself with the syringe of heroin which had been made ready for his immediate use. ‘

Judges:

Lord Woolf LCJ, Davis, Field JJ

Citations:

[2005] EWCA Crim 685, Times 06-Apr-2005, [2005] 1 WLR 2159

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Dalby CACD 1982
Dalby and O’Such were drug addicts. Dalby had obtained 32 tablets of Diconal lawfully. Dalby supplied O’Such with some tablets and probably certain further tablets during the evening. Each injected himself intravenously and they then went out . .
First Appeal – Regina v Kennedy CACD 31-Jul-1998
The defendant was convicted of manslaughter having handed a loaded a syringe with heroin and handed it to a friend who injected himself, and later died.
Held: The defendant had gone beyond the minimum necessary for criminal liability. All it . .
Cited – Regina v Latif; Regina v Shahzad HL 23-Jan-1996
The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process.
Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an . .
Cited – Regina v Rogers CACD 14-Mar-2003
The defendant appealed a conviction for manslaughter and assault under the 1861 Act. He held a belt around a friend’s arm whilst the friend injected heroin into his own vein. The friend later died from the overdose. He said the use of the tourniquet . .
Cited – Regina v Finlay CACD 8-Dec-2003
The defendant appealed from his conviction for manslaughter. He had been found to have prepared heroin by loading it into a syringe and passing it to a friend.
Held: Even if ‘the appellant had not himself wielded the syringe, he would have . .
Cited – Regina v Dias CACD 13-Dec-2001
The defendant appealed against his conviction for manslaughter. Both the deceased and the defendant had injected themselves with syringes prepared by D. The judge directed the jury that the self-injection of the heroin by the deceased was an . .
mentioned – Regina (on the Application of Pretty) v Director of Public Prosecutions and Secretary of State for the Home Department HL 29-Nov-2001
The applicant was terminally ill, and entirely dependent upon her husband for care. She foresaw a time when she would wish to take her own life, but would not be able to do so without the active assistance of her husband. She sought a proleptic . .

Cited by:

Cited – Regina v Kennedy HL 17-Oct-2007
The defendant had been convicted of manslaughter. He had supplied a class A drug to a friend who then died taking it. The House was asked ‘When is it appropriate to find someone guilty of manslaughter where that person has been involved in the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 June 2022; Ref: scu.223633

Department for Works and Pensions v Richards; Regina v Richards (Michael): CACD 3 Mar 2005

After conviction for benefits fraud, the defendant appealed a confiscation order, saying that had he made appropriate claims for state benefirs under other heads, the loss to the state would have been much less (andpound;3000 not andpound;19,000).
Held: The defendant was unable to set off against the amount ordered to be paid any sum which he might have recovered by way of working family tax credit had he declared his earnings. The court was not under a duty to inquire as to the extent to which the defendant’s false claim was only a notional benefit.

Judges:

Rose LJ, David Steel, Hallett JJ

Citations:

[2005] EWCA Crim 491, Times 11-Mar-2005

Links:

Bailii

Statutes:

Social Security Administration Act 1992

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Currey CACD 1995
The defendant was one of four conspirators who had between them obtained andpound;220,000 by fraud. There was no evidence before the trial judge to enable him to determine how the proceeds had been divided between the conspirators or, it seems, to . .
Cited – Regina v May; Regina v Bravard; Regina v Stapleton CACD 28-Jan-2005
The defendants had created limited companies for the sole purpose of making fraudulent reclaims of VAT. They appealed confiscation orders which attributed to each of them the whole sum received by the companies, rather than a proportionate part.
Cited – Regina v Smith (David) CACD 2002
When considering the making of a confiscation order, the court was not to make any allowance for the fact that the property had been destroyed. . .
Cited – Regina v Patel CACD 2000
The defendent pleaded guilty to conspiring to obtain property by deception. He admitted receiving a total of andpound;51,920.
Held: This amount represented his benefit from his relevant criminal conduct for the purpose of the Act. That he had . .
Lists of cited by and citing cases may be incomplete.

Crime, Benefits

Updated: 29 June 2022; Ref: scu.223364

West, Regina v: CACD 10 Mar 2005

The defendant renewed his appeal against conviction and sentence on two counts of possessing Class A drugs (in the one case cocaine, in the other MDMA tablets) with intent to supply. His defence was that instead of supplying a small amount for his own use, there had been planted on him a substantial quantity of drugs in order that the police could then be informed and arrest him. At trial, the judge informed the jury that he had been given information privately but that it did nothing to support the defence case.
Held: Further investigations had now taken place, and while it was not said that it supported the defence in the way he envisaged, it was of such a nature that, had it been disclosed to the prosecutor, the prosecutor would have offered no evidence. The court emphasised the great caution necessary in the handling of public interest immunity applications made in the absence of the defence. Appeal allowed.

Citations:

[2005] EWCA Crim 517

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 29 June 2022; Ref: scu.223368

Kelvin Dial (otherwise called Peter), Andrew Dottin (otherwise called Maxwell) v The State: PC 14 Feb 2005

(Trinidad and Tobago) Two defendants appealed against their convictions for murder. The principal witness who had identified them, had retracted his evidence, but the retraction had not been believed. He was then shown to have lied.
Held: The Board had to remember that the court of appeal had already considered these circumstances, and was much closer to the local situation and had considered the issues. It is not the function of the Board to make itself a second constitution of the Appeal Division and to duplicate its process. Appeal dismissed.
PC Lord Brown of Eaton-under-Heywood said: ‘The law is now clearly established and can simply be stated as follows. Where fresh evidence is adduced on a criminal appeal it is for the Court of Appeal, assuming always that it accepts it, to evaluate its importance in the context of the remainder of the evidence in the case. If the court concludes that the fresh evidence raises no reasonable doubt as to the guilt of the accused it will dismiss the appeal. The primary question is for the court itself and is not what effect the fresh evidence would have had on the mind of the jury.’

Judges:

Lord Bingham of Cornhill, Lord Steyn, Lord Hutton, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2005] 1 WLR 1660, [2005] UKPC 4, Times 28-Feb-2005

Links:

Bailii, PC

Citing:

Cited – Stafford v Director of Public Prosecutions HL 1974
The House rejected the submission of counsel that the Court of Appeal had asked the wrong question by taking as the test the effect of the fresh evidence on their mind and not the effect that the evidence would have had on the mind of the jury. It . .
Cited – Regina v Pendleton HL 13-Dec-2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal.
Held: . .
Cited – Regina v Hakala CACD 2002
The court discussed the correct approach of the Court of Appeal to new evidence on appeal: ‘However the safety of the appellant’s conviction is examined, the essential question, and ultimately the only question for this Court, is whether, in the . .
Applied – Stafford and others v The State (Note) PC 30-Jul-1998
PC (Trinidad and Tobago) Where the matter at issue is the exercise of a discretion by a trial judge. ‘It has been said many times that it is not the function of the Judicial Committee to act as a second Court of . .
Cited – Regina v Ishtiaq Ahmed CACD 6-Dec-2002
Approach to fresh evidence produced on appeal. . .
Cited – Regina v James Hanratty (Deceased) CACD 10-May-2002
Posthumous Appeal – Clear Purpose and Care Needed
An appeal was presented against the conviction for a murder many years earlier. The prosecution sought to introduce DNA evidence to support its case. The appellant party objected.
Held: The purpose of the appeal was to achieve justice, and . .

Cited by:

Cited – Bowman, Regina v CACD 2-Mar-2006
The defendant appealed his conviction of murder saying that evidence of other pathologists undermined the evidence given by similar experts for the crown.
Held: The court took the opportunity to give guidance on the provision of expert . .
Cited – Hendy, Regina v CACD 12-Apr-2006
The applicant was sentenced to life imprisonment in 1992 for a brutal murder. He had pleaded diminished responsibility. There were now no papers from the trial. Medical evidence now suggested that at the time of the trial he would have suffered a . .
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. Dr H’s evidence did not impinge on the essential . .
Cited – Dizaei v Regina CACD 16-May-2011
The defendant had been convicted of misconduct in a public office and doing acts with intent to pervert the course of justice. He now appealed saying that he could demonstrate that the principal witness was dishonest. The prosecution replied that . .
Cited – Ackerley v HM Attorney General of The Isle of Man (Isle of Man) PC 31-Jul-2013
The appellant challenged his conviction for sexual assault, saying that the court had not made sufficient allowance for his autism, and in particular that his confession was actually evidence of echolalia, the repetition of what had been said to . .
Cited – S and Others v Regina CACD 28-Jun-2012
Four defendants appealed against convictions for child sex abuse. The convictions had taken place at a time when current guidance to examining physicians did not apply. In each case the defendants consented to new evidence from the prosecution.
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 29 June 2022; Ref: scu.223015

Monument v Regina: CACD 21 Jan 2005

The defendant appealed his sentence after conviction for making indeent photographs and pseudo-photographs, saying tha imposition of a restraining order in addition to other sentences was incorrect.
Held: The 2003 Act had brought in an extended definition of ‘serious sexual harm’. However at the time when the order wa smposed, the power to make it had been repealed.

Judges:

Beatson J

Citations:

[2005] EWCA Crim 30, Times 03-Mar-2005

Links:

Bailii

Statutes:

Sexual Offences Act 2003, Sex Offenders Act 1997, Criminal Justice and Court Services Act 2000

Jurisdiction:

England and Wales

Crime

Updated: 28 June 2022; Ref: scu.221585

Wai Yutsang v The Queen: PC 14 Oct 1991

(Hong Kong) The defendant was chief accountant in a bank. He caused to be made false entries to fail to reflect the dishonouring of substantial cheques. He was charged alone on an allegation of conspiracy. His defence was that he merely obeyed the instructions of others to prevent a run on the bank.
Held: Once he had acted as he did, any motive was irrelevant. His appeal failed. As to the meaning of conspiracy to defraud, it required that the conspirators have dishonestly agreed to bring about a state of affairs which they realise will or may deceive the victim into so acting, or failing to act, that he will suffer economic loss or his economic interests will be put at risk.

Judges:

Lord Goff of Chieveley

Citations:

[1991] 3 WLR 1006, [1992] 1 AC 269, [1991] UKPC 32

Links:

Bailii

Jurisdiction:

Commonwealth

Cited by:

Cited – Adams v The Queen PC 4-Nov-1994
(New Zealand) The defendant had been a managing director of Equitcorp. With other directors he was concerned with the company’s investments, and established a series of other companies and banks to hide fraudulent transactions. Equitcorp became . .
Cited – GG Plc and Others, Regina v; Regina v Goldshield Group plc and Others HL 12-Mar-2008
The defendants faced charges of conspiracy to fix and maintain the prices of prescription drugs.
Held: An indictment making such allegations must identify and particularise the aggravating acts which took such a conspiracy to the level of a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 28 June 2022; Ref: scu.220729

Regina v Murphy: CACD 31 May 2002

Citations:

[2002] EWCA Crim 1324

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Hylands, Regina v CACD 25-Nov-2004
The defendant had been convicted of robbery. Evidence suggested that he may had had with him a firearm. He appealed an automatic life sentence for a second serious offence.
Held: In order for an offence to come within the section, either the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 28 June 2022; Ref: scu.220550

Evans Dorothy, Regina v: CACD 6 Dec 2004

The defendant appealed her conviction for having breached a restraining order under the 1997 Act. The order required her not to be ‘abusive by words or actions’ towards her neighbour. She had regularly parked her car so as to block her neighbour’s visitors. She appealed saying there had been no case to answer.
Held: ‘the question whether a word or phrase is being used in its ordinary sense or in a special sense is a question of law. But if as a matter of law the word or phrase is being used in its ordinary sense, then it is for the tribunal of fact to apply that meaning to the facts as found.’ and ‘the criminal context is not a reason for giving a narrow or strained meaning to words which bear their ordinary meaning.’ The Act provided an additional protection in that the prosecution had to show the absence of a reasonable excuse. The court was correct to have dismissed the plea of no case to answer.

Judges:

Dyson LJ, Grigson J, Rhys Davies QC

Citations:

[2004] EWCA Crim 3102, Times 10-Dec-2005

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 5(5)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Parkin (Shane Tony) CACD 3-Feb-2004
The defendant had admitted assault with intent to rob, four attempted robberies, and four false imprisonments. He appealed his sentence of four years detention in a Young Offenders Institution to be followed by a two year anti-social behaviour order . .
Cited – Moyna v Secretary of State for Work and Pensions HL 31-Jul-2003
The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks.
Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a . .
Cited – Brutus v Cozens HL 19-Jul-1972
The House was asked whether the conduct of the defendant at a tennis match at Wimbledon amounted to using ‘insulting words or behaviour’ whereby a breach of the peace was likely to be occasioned contrary to section 5. He went onto court 2, blew a . .
Cited – Regina v Associated Octel Ltd HL 14-Nov-1996
The appellants operated a chemical plant. When the plant was shut down for its annual maintenance, an independent firm repaired a tank lining. An employee of that firm was working by electric light. He had to clean the tank with acetone and resin. . .
Cited – Walker (Her Majesty’s Inspector of Taxes) v Centaur Clothes Group Limited HL 16-Mar-2000
Where a company which had ceased trading and fallen outside the tax regime, subsequently declared a dividend, it was deemed to be a new accounting period, and the dividend did fall to be taxed, and any advance corporation tax could be set off . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 June 2022; Ref: scu.220111

Hylands, Regina v: CACD 25 Nov 2004

The defendant had been convicted of robbery. Evidence suggested that he may had had with him a firearm. He appealed an automatic life sentence for a second serious offence.
Held: In order for an offence to come within the section, either the defendant had to have admitted carrying a firearm or imitation forearm, or the jury had to have returned a special verdict making an explicit finding that he had a firearm with him.

Judges:

Lord Justice Rix, Mr Justice Poole, Mr Justice Stanley Burnton

Citations:

[2004] EWCA Crim 2999, Times 21-Dec-2004

Links:

Bailii

Statutes:

Powers of Criminal Courts (Sentencing) Act 2000 109

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Benfield; Regina v Sobers CACD 21-Jul-2003
The defendants appealed life sentences for second serious offences under s109. They had been convicted of robbery.
Held: The offence of robbery existed at the time when the 200 Act was created, and it was inconceivable that the new Act . .
Cited – Regina v Murphy CACD 31-May-2002
. .
Cited – Regina v Eubank CACD 3-May-2001
Where a defendant admitted robbery but denied having a firearm, the judge held a Newton trial to decide the issue. The defendant appealed, saying that such a serious issue should properly have been tried as a separate count on the indictment, and he . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 June 2022; Ref: scu.219900

Buckley, Regina (on the Application of) v Director of Public Prosecutions: Admn 22 Oct 2004

Appeal against conviction for common assault. The defendant argued his actions had been in defence of his girlfriend who had been surrounded in the street by an aggressive group of drunken young women. The magistrates had found his reaction to be more than reasonable.
Held: The magistrates having properly directed themselves according to Palmer, and having heard th eevidence were entitled to make the assessment they had.

Citations:

[2004] EWHC 2533 (Admin)

Links:

Bailii

Statutes:

Criminal Justice Act 1988 39

Jurisdiction:

England and Wales

Citing:

Cited – Palmer v The Queen PC 23-Nov-1970
It is a defence in criminal law to a charge of assault if the defendant had an honest belief that he was going to be attacked and reacted with proportionate force: ‘If there has been an attack so that defence is reasonably necessary, it should be . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 June 2022; Ref: scu.219531

Beckles, Regina v: CACD 12 Nov 2004

The appellant had been convicted in 1997 of robbery and false imprisonment. His case was now refererred by the Criminal Cases Review Commission. The defendant had, on advice from his solicitor refused to answer questions at the police station. The Court of Human Rights had found that the inference drawn from that silence at trial infringed his right to a fair trial. The court at his trial had referred to his silence without reminding the jury that he was ready to provide independent evidence of the exchanges with his solicitor.
Held: As a matter of fairness, the jury should have been told of the readiness of the defendant to explain his silence. It was difficult to achieve fairness. On the one hand the defendant was entitled to confidential advice from his solicitor, and on the other the courts had to ensure that s34 was effective. If it was reasonable for a defendant to have said nothing, that was the end of the matter. If it was not, but he relied upon legal advice to justify silence, it might be possible to say that he genuinely acted upon the advice, but he did so because it suited his purpose, and the reasonableness of his silence remained to be determined by the jury. The standard jury direction is being revised to achieve this purpose, and under the revised direction the jury will be asked to consider whether the defendant genuinely and reasonably relied on the legal advice to remain silent.

Judges:

Lord Woolf LCJ, McCombe J, David Clarke J

Citations:

[2004] EWCA Crim 2766, Times 17-Nov-2004, [2005] 1 Cr App 23

Links:

Bailii

Statutes:

Criminal Justice and Public Order Act 1995 34

Jurisdiction:

England and Wales

Citing:

Cited – Beckles v The United Kingdom ECHR 8-Oct-2002
The applicant had been convicted of serious offences, in part in reliance upon inferences drawn from his partial silence during interview. At trial, he said this had been on legal advice, and was ready to answer questions about that advice, but none . .
Cited – Regina v Pendleton HL 13-Dec-2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal.
Held: . .
Cited – Regina v James Hanratty (Deceased) CACD 10-May-2002
Posthumous Appeal – Clear Purpose and Care Needed
An appeal was presented against the conviction for a murder many years earlier. The prosecution sought to introduce DNA evidence to support its case. The appellant party objected.
Held: The purpose of the appeal was to achieve justice, and . .
Cited – Brizzalari v Regina CACD 19-Feb-2004
Limits to Requests for Adverse Inferences
In closing, prosecuting counsel had suggested that during the trial two matters had been mentioned by the defence which had not been mentioned earlier, and that the jury should feel free to draw proper inferences under the 1984 Act from that . .
Cited – Regina v Webber HL 22-Jan-2004
The defendant complained that the judge had given a direction under s34 even though his counsel had only put matters to witnesses for the prosecution.
Held: A positive suggestion put to a witness by or on behalf of a defendant may amount to a . .
Cited – Regina v B (K J) CACD 1-Dec-2003
s34 is ‘a notorious minefield’. . .
Cited – Regina v Bowden (BT) CACD 10-Feb-1999
The defendant was charged with robbing a McDonald’s restaurant. He had refused to answer questions when interviewed on arrest, and his solicitor had put on record that this was on the grounds that the solicitor did not think the evidence strong . .
Cited – Regina v Allan CACD 2004
The court specifically rejected the argument that the decision of the ECtHR was irrelevant. . .
Cited – Raymond Christopher Betts, John Anthony Hall v Regina CACD 9-Feb-2001
The defendants appealed convictions for causing grievous bodily harm. During interviw, the solicitor had advised that since the police had failed to make proper disclosure of the evidence, his client should not answer. He now appealed complaining of . .
Cited – Regina v Hoare and Pierce CACD 2-Apr-2004
The court considered the drawing of adverse inferences form an accused’s silence in the police station when this was under legal advice: ‘The question in the end, it is for the jury, is whether regardless of advice, genuinely given and genuinely . .
Cited – Regina v Chenia CACD 1-Nov-2002
CS The defendant had made no comment replies during interview. He did not give evidence at trial, but otherwise took part, though he did not put any fact before the jury. The judge directed the jury that they . .
Cited – Regina v Knight CACD 29-Jul-2003
The defendant had given no answers during his police interview, but instead his solicitor read out a full written statement of his case. At trial, he did not depart from the statement thus provided. He appealed after the judge allowed the jury to . .
Cited – Howell v Regina CACD 17-Jan-2003
The court set down the general approach to be taken where a suspect refused to answer questions put during his interview by the police. . .

Cited by:

Cited – Regina v Boyle and Another CACD 25-Aug-2006
The appellants had been convicted of murder. They complained that the judge had misdirected the jury as to the effect of their silence and the inferences to be drawn.
Held: The appeals failed. Whilst the direction on s34 was defective, it had . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 June 2022; Ref: scu.219518

Regina v Sakavickas and Another: CACD 3 Nov 2004

The defendants appealed a conviction for conspiracy to assist another to retain the benefit of criminal conduct. One set of defendants illegally imported cigarettes, and S was accused of operating a bank account to assist in the moving of the proceeds. He said he was not aware of the criminal source of the funds.
Held: It was sufficient to show that the defendant suspected the other party of criminal activity. For s93A, the existence of such a suspicion was one of the elements to be proved. It was the suspicion of criminal involvement which had to be shown, not the fact of such involvement. S1(2) of the 1977 Act did not apply to an offence contrary to section 93A . The fact or circumstance necessary for the commission of the offence was the suspicion of the defendant. Establishing suspicion also established knowledge of that suspicion. The defendant must inevitably have knowledge of his own state of mind:

Judges:

Lord Justice Kennedy Mr Justice Morison And Mr Justice Elias

Citations:

[2004] EWCA Crim 2686, Times 18-Nov-2004, [2005] 1 WLR 857

Links:

Bailii

Statutes:

Criminal Justice Act 1988 93A, Criminal Law Act 1977 1(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Saik, Regina v HL 3-May-2006
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 27 June 2022; Ref: scu.219340

Regina v Jackson: CA 1891

A husband had no right to confine his wife in order to enforce a decree for restitution of conjugal rights.

Citations:

[1891-4] All ER Rep 61, [1891] 1 QB 67 I

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Miller Assz 1954
A husband was charged with rape of his wife after she had left him and petitioned for divorce. He was also charged with an assault.
Held: There was no evidence which entitled the court to say that the wife’s implied consent to marital . .
Cited – Regina v R HL 23-Oct-1991
H has no right to sexual intercourse with W – rape
The defendant appealed against his conviction for having raped his wife, saying that intercourse with his wife was necessarily lawful, and therefore outside the statutory definition of rape. Due to the matrimonial difficulties, the wife had left . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 23 June 2022; Ref: scu.194942