Tag: Crime

Corway v Independent Newspapers (Ireland) Limited: 30 Jul 1999

(Supreme Court of Ireland)

Judges:

Hamilton CJ, Barrington J, Murphy J, Lynch J, Barron J

Citations:

[2000] 1 ILRM 426, [1999] 4 IR 485, [1999] IESC 5

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Taylor’s Case 1676
(Year?) An iriformatiori exhibited against him in the Crown Offce, for uttering of dlvers blasphemous expressions, horrible to hear, (viz.) that Jesus Christ was a bastard, a whoremaster, religion was a cheat ; and that he neither feared God, the . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Crime

Updated: 02 April 2022; Ref: scu.599752

Gilfoyle, Regina (on The Application of) v Criminal Cases Review Commission: Admn 24 Nov 2017

Renewed application for permission to apply for judicial review of a decision by the Criminal Cases Review Commission not to refer the claimant’s conviction for murder to the Court of Appeal.

Judges:

Sharp LJ, Sweeney J

Citations:

[2017] EWHC 3008 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 01 April 2022; Ref: scu.599701

Robinson, Regina v: CACD 14 Jun 2017

The appellant had escaped from custody between conviction and sentence. After re-arrest he was charged with absconding, but also sentenced at prison to an additional term for escaping. He now claimed autrefois convict.
Held: The decision of the prison adjudicator was through no fault of his own, so wrong in law as to be outside or in excess of jurisdiction. The decision of the independent adjudicator was void ab initio but not merely voidable.

Judges:

Sir Brian Leveson P QBD, Haddon Cave J, Inman QC HHJ

Citations:

[2017] EWCA Crim 936, [2017] WLR(D) 698

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Hogan CA 1960
A prison adjudication in relation to an escaped prisoner did not prevent subsequent criminal proceedings in respect of the same escape . .
Cited – Webster v Lord Chancellor CA 14-Jul-2015
The claimant appealed against rejection of his allegations against his trial judge of bad faith. He had been convicted at trial, but later released.
Held: The appeal failed. The allegations made that errors of approach of a Crown Court judge . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 April 2022; Ref: scu.598720

Conway, Regina (on The Application of) v The Secretary of State for Justice: Admn 5 Oct 2017

The court was asked as to the issue of provision of assistance to a person with a serious wasting disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stages.

Citations:

[2017] EWHC 2447 (Admin), [2017] WLR(D) 634

Links:

Bailii, WLRD

Statutes:

Suicide Act 1961 2

Jurisdiction:

England and Wales

Cited by:

At Admn – Conway v The Secretary of State for Justice CA 18-Jan-2018
Application for leave to appeal from refusal of declaration of incompatibility of section 2(1) of the 1961 Act with the claimant’s Article 8 human rights. The case concerns the issue of the provision of assistance to a person with a terminal . .
At Admn – Conway, Regina (on The Application of) v The Secretary of State for Justice and Others CA 27-Jun-2018
Appeal from rejection of claim that section 2(1) of the 1961 infringed the claimant’s human rights. . .
At Admn – Conway, Regina (on The Application of) v Secretary of State for Justice SC 27-Nov-2018
Application for leave to appeal after refusal of order allowing withdrawal of his treatment leading to his death within an hour. He wished to argue as to the difference between letting someone die and taking active steps to bring about their death . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Crime

Updated: 01 April 2022; Ref: scu.598384

Regina v Parker (Daryl): CACD 1977

In a temper the defendant broke a telephone by smashing the handset violently down on to the telephone unit.
Held: Applying but modifying Briggs, the defendant had been fully aware of all the circumstances and, if ‘he did not know, as he said he did not, that there was some risk of damage, he was, in effect, deliberately closing his mind to the obvious – the obvious being that damage in these circumstances was inevitable.’ Briggs was modified thus: ‘A man is reckless in the sense required when he carried [sic] out a deliberate act knowing or closing his mind to the obvious fact that there is some risk of damage resulting from that act but nevertheless continuing in the performance of that act.’

Judges:

Scarman and Geoffrey Lane LJJ and Kenneth Jones J

Citations:

[1977] 1 WLR 600

Statutes:

Criminal Damage Act 1971 1(1)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Briggs (Note) CACD 1977
The defendant caused damage to a car. The appeal turned on the trial judge’s direction on the meaning of ‘reckless’.
Held: The conviction was set aside. The judge had not adequately explained that the test to be applied was that of the . .

Cited by:

Cited – Regina v G and R HL 16-Oct-2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the . .
Cited – Commissioner of Police v Caldwell HL 19-Mar-1981
The defendant got drunk and set fire to the hotel where he worked. Guests were present. He was indicted upon two counts of arson. He pleaded guilty to the 1(1) count but contested the 1(2) charge, saying he was so drunk that the thought there might . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 April 2022; Ref: scu.186785

Usayi, Regina v: CACD 26 Jul 2017

Appeal from convictions and sentences imposed for unlawful sexual activity with a person with a mental disorder by a care worker.

Judges:

Gross LJ, Spencer J, Marson QC HHJ

Citations:

[2017] EWCA Crim 1394

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 31 March 2022; Ref: scu.598327

Al Rabbat v Westminster Magistrates’ Court: Admn 31 Jul 2017

The claimant appealed against refusal of an application for judicial review in turn of a refusal to allow private prosecutions of Tony Blair, Jack Straw and Lord Goldsmith in respect of their involvement in the war in Iraq, and the alleged crime of aggression.
Held: The international crime of aggression was established but it remained not a crime in England and Wales. The international crime itself only came to be defined after the war was long concluded. There was no prospect of the Supreme Court overturning the decision in Jones.

Judges:

Lord Thomas of Cwmgiedd, CJ, Ouseley J

Citations:

[2017] EWHC 1969 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Knuller (Publishing, Printing and Promotions) Ltd; Knuller etc v Director of Public Prosecutions HL 1972
The defendants were charged after pasting up in telephone booths advertisements for homosexual services. They published a magazine with similar advertisements. The House was asked to confirm the existence of an offence of outraging public decency. . .
Cited – Regina v G and R HL 16-Oct-2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the . .
Cited – Horton v Sadler and Another HL 14-Jun-2006
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of . .
Cited – Keyu and Others v Secretary of State for Foreign and Commonwealth Affairs and Another SC 25-Nov-2015
The Court was asked whether the respondents should be required to hold a public inquiry into a controversial series of events in 1948, when a Scots Guards patrol was alleged to shot and killed 24 unarmed civilians in a village called Batang Kali, in . .
Established – Regina v Jones (Margaret), Regina v Milling and others HL 29-Mar-2006
Domestic Offence requires Domestic Defence
Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 March 2022; Ref: scu.593596