Tag: Crime

JS (A Child) v Director of Public Prosecutions: Admn 18 May 2017

Appeal by way of Case Stated against the a conviction of an offence of tampering with a motor vehicle contrary to section 25 of the Road Traffic Act 1988.

Judges:

Thirlwall LJ, Haddon-Cave J

Citations:

[2017] EWHC 1162 (Admin), [2017] 4 WLR 102, [2017] WLR(D) 361

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Crime

Updated: 27 March 2022; Ref: scu.588860

Kay, Regina v: CACD 23 May 2017

Appeals against convictions for manslaughter whilst suffering schizophrenia whilst under the influence of drugs or alcohol.

Judges:

Hallet VP CACD, Treacy LJJ, McGowan DBE J

Citations:

[2017] EWCA Crim 647, [2017] WLR(D) 354

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Crime

Updated: 26 March 2022; Ref: scu.584249

Midmore, Regina v: CACD 28 Apr 2017

Reasons for dismissal of appeal against conviction for causing grievous bodily harm by throwing acid in the victims face.

Judges:

Lord Thomas of Cwmgiedd, CJ, Dingemans, May JJ

Citations:

[2017] EWCA Crim 533

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 26 March 2022; Ref: scu.584248

Hudson v Crown Prosecution Service: Admn 28 Apr 2017

Appeal by way of case stated from the decision of the Birmingham Magistrates’ determining that the building in question was a ‘dwelling’ for the purposes of s.9(3)(a) of the 1968 Act.

Judges:

Gross LJ, Ouseley J

Citations:

[2017] EWHC 841 (Admin), [2017] WLR(D) 309

Links:

Bailii, WLRD

Statutes:

Theft Act 1968 9(3)(a)

Jurisdiction:

England and Wales

Crime

Updated: 24 March 2022; Ref: scu.582147

Conway, Regina (on The Application of) v The Secretary of State for Justice: CA 12 Apr 2017

Application for permission to appeal against the decision of the Divisional Court refusing permission to apply for judicial review to seek a declaration under section 4(2) of the Human Rights Act 1998 that section 2(1) of the Suicide Act 1961 (‘the 1961 Act’) is incompatible with the European Convention on Human Rights.

Judges:

McFarlane, Beatson LJJ

Citations:

[2017] EWCA Civ 275

Links:

Bailii

Jurisdiction:

England and Wales

Human Rights, Crime

Updated: 24 March 2022; Ref: scu.582087

Hamberger, Regina (on The Application of) v Crown Prosecution Service: Admn 20 May 2014

Renewed application for permission to apply for judicial review of a decision of the Crown Prosecution Service to continue with the prosecution of the claimant in relation to conspiracy to supply something over 200 kilos of cannabis resin, and four offences under section 5(1)(b) of the Firearms Act 1968 in relation to the purchase of weapons for discharging of CS gas.

Citations:

[2014] EWHC 2814 (Admin)

Links:

Bailii

Statutes:

Firearms Act 1968

Jurisdiction:

England and Wales

Crime

Updated: 24 March 2022; Ref: scu.581641

Johnson, Regina v: CACD 10 Mar 2017

Appeal against conviction (on plea) of smuggling drugs and mobile SIM cards into prison. His defence statement indicated that he had acted under pressure and in ignorance.
Held: The appeal failed. A charge under either section 40B(1)(a) or section 40C(1)(a) of the Prison Act 1952 was proved once it was established that the defendant knew he was carrying something prohibited into the prison. He did not need that he knew precisely what it was, but only it was a package containing prohibited material.

Judges:

Rafferty LJ, Morris J, McCreath Rec Westminster

Citations:

[2017] EWCA Crim 189, [2017] WLR(D) 170

Links:

Bailii, WLRD

Statutes:

Prison Act 1952

Jurisdiction:

England and Wales

Crime, Prisons

Updated: 23 March 2022; Ref: scu.580923

Blackman, Regina v: CACD 15 Mar 2017

The defendant appealed against his conviction for murder. As an army officer serving in Afghanistan he had killed an injured captured insurgent.
Held: The defendant had at the time of the offence suffered a recognised psychiatric condition, and a conviction for manslaughter was substituted.

Citations:

[2017] EWCA Crim 190

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Blackman, Regina v CACD 22-May-2014
The appellant had been convicted of murder. As an Army sergeant serving in Afghanistan, he had killed a captured insurgent. . .

Cited by:

See Also – Blackman, Regina v (Media) CACD 28-Mar-2017
The defendant officer appealed against his conviction for murder. Whilst serving a s an officer in Afghanistan, he had killed a captured soldier. That conviction had been quashed and a conviction for manslaughter on diminished responsibility . .
See Also – Blackman, Regina v (Sentence) CACD 28-Mar-2017
Sentence – manslaughter of prisoner
The defendant whilst serving in Afghanistan had killed a prisoner. His appeal against his conviction for murder had been successful, and a conviction for manslaughter had been substituted on the basis that he was at the time suffering a recognised . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 23 March 2022; Ref: scu.580921

Regina v Jones; Regina v Jenkins: CACD 5 Jun 2003

Where each of more than one defendants asserted that he was not responsible for the crime, the jury should be directed (in addition) that they should consider the case of each defendant separately, the case should be considered as a whole, including looking at he evidence of co-accused, and when considering the evidence of a co-defendant they should allow for any self-serving element, and evidence of co-accused should be considered as for anyone else. The direction was defective, the appeals were allowed, and a retrial ordered.

Judges:

Auld LJ, Silber, Owen JJ

Citations:

Times 19-Jun-2003

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Cheema CACD 5-Sep-1993
There is no rule requiring full a corroboration direction to be given for a co-defendant’s evidence to be admitted. The Court of Appeal recommended a review of law on corroboration of a witness’s evidence. Lord Taylor CJ said: ‘The rule of practice . .
Cited – Regina v Knowlden and Knowlden CACD 1983
The court set out warnings for the jury when considering evidence from a co-accused. The rule in Prater was not a rule of law but ultimately in the discretion of the judge: and that ‘the customary clear warning to examine the evidence of each . .
Lists of cited by and citing cases may be incomplete.

Crime, Evidence

Updated: 23 March 2022; Ref: scu.183673

Neka Novin v Council: ECFI 7 Mar 2017

ECJ (Judgment) Common Foreign and Security Policy – Restrictive measures against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Maintenance of the applicant’s name on the list of persons concerned – Error of law – manifest error of assessment – Proportionality

Citations:

ECLI:EU:T:2017:142, [2017] EUECJ T-436/14

Links:

Bailii

Jurisdiction:

European

Banking, Crime

Updated: 09 February 2022; Ref: scu.579681

Recycled Materials Supplies Ltd, Regina v: CACD 24 Feb 2017

Appeal from conviction for failing to comply with terms of an Environmental Permit Condition

Judges:

Gross LJ, Stuart-Smith J, Stockdale QC HHJ

Citations:

[2017] EWCA Crim 58, [2017] WLR(D) 136

Links:

Bailii, WLRD

Statutes:

Environmental Permitting (England and Wales) Regulations 2010 38(2)

Jurisdiction:

England and Wales

Crime

Updated: 09 February 2022; Ref: scu.579619