Tag: Crime

Regina v CPC (UK) Ltd, CPC (UK) Ltd v National Rivers Authority: CACD 4 Aug 1994

The defendant operated a factory, using cleaning liquid carried through PVC piping. The piping leaked because it had been badly installed by the reputable subcontractors employed by the previous owners of the factory.
Held: Although the defendants were unaware of the existence of the defect and ‘could not be criticised for failing to discover it,’ the pollution had nevertheless been caused by their operation of the factory. So the fact that the negligent installation of the pipes had been unforeseeable was no defence. Liability for river pollution is strict. It existed even where the owner had no knowledge of a leak in a pipe put in before he acquired the land. Whether he had caused the pollution remained a question of fact for the jury.

Judges:

Lloyd LJ

Citations:

Independent 30-Aug-1994, Times 04-Aug-1994, [1994] Env LR 131

Statutes:

Water Resources Act 1991 85(1) 209

Jurisdiction:

England and Wales

Cited by:

Cited – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Lists of cited by and citing cases may be incomplete.

Environment, Utilities, Crime

Updated: 25 October 2022; Ref: scu.86463

Regina v Brown etc: CACD 15 Apr 1992

The defendants appealed against their convictions for offences under the 1861 Act of assaults inflicting injury. They said that as sado-masochists, they had mutually consented to the assaults and that no offences had been commited, but pleaded gulty after the judge ruled that consent was not a defence.
Held: In the case of a mere assault, consent was a defence, but once a serious wound or actual bodily harm was inflicted without good reason, consent was no longer a defence. The satisfaction of sado-masochistic libido was no sufficient reason in law for committing a serious assault on a willing victim.

Citations:

Gazette 15-Apr-1992, [1992] QB 491, [1992] 2 All ER 552, [1992] 2 WLR 441

Statutes:

Offences Against The Persons Act 1861 20 47

Jurisdiction:

England and Wales

Citing:

Cited – Rex v Donovan CCA 1934
The defendant was convicted of indecent assault and common assault after caning a 17 year old female complainant for the purposes of sexual gratification. The complainant suffered actual bodily harm, though the defendant was not charged with an . .
Cited – Regina v Coney QBD 18-Mar-1882
A public prize-fight was unlawful. Spectators were tried at Berkshire County Quarter Sessions with common assault. The Chairman of Quarter Sessions directed the jury to convict the spectators of common assault on the basis that having stayed to . .
Cited – Attorney-General’s Reference (No 6 of 1980) CACD 1981
The court considered a reference on a point of law as to whether consent could be a defence to a charge of assault arising out of a fight in a public place to which the other party consented.
Held: Lord Lane CJ said: ‘It is not in the public . .

Cited by:

Cited – Airedale NHS Trust v Bland HL 4-Feb-1993
Procedures on Withdrawal of Life Support Treatment
The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court . .
Appeal from – 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 . .
See Also – Laskey, Jaggard and Brown v The United Kingdom ECHR 19-Feb-1997
A prosecution for sado-masochist acts was a necessary invasion of privacy to protect health. The Court found no violation where applicants were imprisoned as a result of sado-masochistic activities captured on video tape when police obtained . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.86241

Regina v Bett: CACD 12 Oct 1998

A conviction under section 8(b) for permitting premises to be used for the supply of controlled drugs was correct without evidence of knowledge of the particular drug supplied even though particular drugs were named in the indictments. The section made no distinction. The sentence was however reduced.

Judges:

Mantell LJ, Gray J, David Clarke QC

Citations:

Times 11-Nov-1998, Gazette 25-Nov-1998, [1998] EWCA Crim 2875

Statutes:

Misuse of Drugs Act 1971 8(b)

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 – Regina v Souter CACD 1971
The word ‘permitting’ connotes knowledge of that which is said to be permitted. . .
Cited – Regina v Thomas and Thomson 1976
The word ‘suffers’ adds nothing to to the word ‘permits’ in the context of preises being used for the consumption of unlawful drugs, since each carries the same meaning. . .
Cited – Regina v Courtie HL 1984
The House considered how to frame an indictment in a case of buggery where the prescribed punishment differed depending on the particular factual ingredients.
Held: Lord Diplock said: ‘Where it is provided by a statute that an accused person’s . .
Cited – Warner v Metropolitan Police Commissioner HL 1968
The appellant had been convicted of an offence contrary to section 1 of the 1964 Act, of having been found in possession of drugs.
Held: (Reid dissenting) The prosecution had only to prove that the accused knew of the existence of the thing . .
Cited – Regina v Hussain CACD 1969
The only mens rea necessary for proof of any offence of importing drugs was the knowledge that the goods were subject to a prohibition on importation. The accused must know ‘that what is on foot is the evasion of a prohibition against importation . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.86125

Regina v Brockley: CACD 25 Nov 1993

The offence of acting as a company director whilst being an undischarged bankrupt is an absolute offence.

Citations:

Gazette 26-Jan-1994, Times 25-Nov-1993, [1994] 99 Cr App R 385

Statutes:

Company Directors Disqualification Act 1986 11(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Doring CACD 24-Jun-2002
The defendant was charged with acting as a company director whilst being an undischarged bankrupt, and also of being involved in the management of a company using a prohibited name. She said that she had not known that the part she took in the . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Company, Crime

Updated: 25 October 2022; Ref: scu.86229

Regina v Brown: CACD 28 May 1993

A police officer misused his position to access records held on a police computer.
Held: Merely accessing computer data by viewing it was not ‘use’ within the Act, and this particular offence was not established. The word ‘use’ must be given its ordinary meaning, which required something more. The court certified a question of law and refused leave to appeal.

Judges:

Staughton LJ, Hidden and Laws JJ

Citations:

Times 04-Jun-1993

Links:

lip

Statutes:

Data Protection Act 1984 5(2)(b)

Jurisdiction:

England and Wales

Information, Crime

Updated: 25 October 2022; Ref: scu.86240

Regina v Whitehouse: CACD 10 Dec 1999

The offence of endangering the flight of an aircraft required proof that there followed from the act of the defendant a real risk of danger, a danger that should not be ignored. A passenger refused to turn off his mobile phone. The prosecution brought evidence that the phone would emit signals searching for a base, and that such signals might interfere with the flight systems. The risk was of disastrous consequences for life, and the judge correctly identified the risk to be shown.

Citations:

Times 10-Dec-1999, Gazette 07-Jan-2000

Statutes:

Air Navigation (No 2) Order 1995 (1995 No 1970) Art 55

Jurisdiction:

England and Wales

Transport, Crime

Updated: 25 October 2022; Ref: scu.85610

Regina v Boal (Francis): CACD 3 Jun 1992

A temporary manager brought in for a week was not a responsible officer for fire precautions’ breaches. An appeal against conviction after a plea of guilty has been tendered will only be entertained in exceptional circumstances, for example where an appellant is without fault and has been deprived of what was, in all likelihood, a good defence in law. However, Simon Brown J said: ‘This decision should not be taken as a licence to appeal by anyone who discovers that following conviction (still less where there has been a plea of guilty) some possible line of defence has been overlooked. Only most exceptionally will this Court be prepared to intervene in such a situation. Only, in short, where it believes that the defence would quite probably have succeeded and concludes, therefore, that a clear injustice has been done.’

Judges:

Simon Brown J

Citations:

Gazette 03-Jun-1992, (1992) Cr App R 272

Statutes:

Fire Precautions Act 1971 7(4)

Jurisdiction:

England and Wales

Cited by:

Cited – White v Regina CACD 15-Apr-2014
The defendant sought an extension of time for leave to appeal against his conviction for fraud. After his conviction there had been academic debate as to its basis, and the present application was not opposed. He had originally been charged under . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.85730

Regina v Leeson: CACD 2 Nov 1999

On a charge of possession of a class A controlled drug with intent to supply, it was necessary for the prosecution to show the possession of a controlled drug, but not necessarily to prove which drug within the class was possessed. The prosecution must show an intention to supply the substance found even if the possessor was mistaken as to its precise nature.

Citations:

Times 02-Nov-1999

Statutes:

Misuse of Drugs Act 1971 5(3)

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.85358

Regina v Lubega: CACD 1 Feb 1999

The defendant appealed against his sentence of 28 days imprisonment for contempt of court. He was late to court and warned that if he was late on the following day it would be treated as contempt. He was so late, and in his absence the judge made arrangements for his immediate detention pending a decision later that day.
Held: Saying that a Bail Act offence may be dealt with procedurally in a similar manner to a contempt of court, is not to say that it should be punished on the same basis. It gives a speedy alternative procedure, not an equation of the seriousness of the offence.
Smith LJ said: ‘the effect of section 6(5) is not to convert an offence under the Bail Act into a contempt of court, but simply to provide a speedy and effective alternative method of dealing with such an offence. Therefore it follows that the judge was not entitled to deal with the matter as a contempt of court and he erred in doing so.’

Judges:

Swintin Thomas LJ, Tucker, Penry-Davey JJ

Citations:

Times 10-Feb-1999, [1999] EWCA Crim 215

Links:

Bailii

Statutes:

Bail Act 1976 6(5)

Jurisdiction:

England and Wales

Citing:

Cited – Schiavo v Anderton QBD 1986
‘Surrender to custody’ means by section 2(2) in this context ‘surrendering himself into the custody of the court . . at the time and place for the time being appointed for him to do so.’ The failure to do that is by section 6(1) an offence. The . .
Cited – Regina v Reader CACD 1987
The offence of absconding whilst on bail has never constituted a contempt of court. Even so it is punishable as if it were contempt. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.85379

Regina v Marjoram: CACD 3 Dec 1999

Where injuries occurred as part of an attempt by the complainant to escape the acts of the defendant, the correct direction from the judge was that the injury must have been reasonably foreseeable as a consequence by a reasonable person in the defendant’s shoes

Citations:

Times 03-Dec-1999

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.85392

Regina v Lalani: CACD 22 Jan 1999

In prosecuting a juror for acts intended to pervert the course of justice, it must be shown not only that the juror spoke to the defendant about the matter, but that the juror intended to interfere with justice or the nature of the communication did so. Brooke LJ said: ‘It appears from the authorities that the prosecution must either prove an intent to pervert the course of justice or, as in Meissener an intent to do something which, if achieved, would pervert the course of justice. The course of justice may be perverted if it is obstructed, interfered with, defeated or changed.’

Judges:

Brooke LJ

Citations:

Times 28-Jan-1999, Gazette 17-Feb-1999, [1999] EWCA Crim 130

Jurisdiction:

England and Wales

Cited by:

Cited – Re S 36 Criminal Justice Act 1972; Attorney General’s Reference No 1 of 2002 CACD 14-Oct-2002
The court was asked: ‘Whether the common-law offence of perverting the course of public justice is committed where false evidence is given or made, not to defeat what the witness believes to be the ends of justice, or not to procure what the witness . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.85351

Regina v Eyck; R v Hadakoglu: CACD 8 Feb 2000

The offence of being knowingly concerned in making arrangements for illegal entry of aliens into the United Kingdom was committed if the constituents of the offence were shown. That did not necessitate the actual bringing of someone into the UK. Here the defendant had driven a van onto a ferry bound for Dover when illegal immigrants were discovered inside. The offence was complete.

Citations:

Times 08-Feb-2000

Statutes:

Immigration Act 1971 25 (1) (a)

Jurisdiction:

England and Wales

Crime, Immigration

Updated: 25 October 2022; Ref: scu.85251

R v Eyck; R v Hadakoglu: CACD 3 Feb 2000

The offence of being knowingly concerned in making arrangements for illegal entry of aliens into the United Kingdom was committed if the constituents of the offence were shown. That did not necessitate the actual bringing of someone into the UK. Here the defendant had driven a van onto a ferry bound for Dover when illegal immigrants were discovered inside. The offence was complete.

Citations:

Gazette 03-Feb-2000

Statutes:

Immigration Act 1971 25 (1) (a)

Jurisdiction:

England and Wales

Crime, Immigration

Updated: 25 October 2022; Ref: scu.85252

Regina v Jackson (TS): CACD 13 May 1999

In a charge of conspiring to supply a third party with a drug, the allegation must involve a party other than a co-conspirator. That person must himself be a stranger to the conspiracy for the section to have any significant meaning.

Citations:

Times 13-May-1999, Gazette 19-May-1999

Statutes:

Criminal Law Act 1977 2(1)

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.85329

Regina v A (Child Abduction): CACD 15 Oct 1999

To be convicted of the offence of child abduction, it need only be shown that the defendant was the effective cause of the abduction, not that he was the sole cause of the abduction. Here the appellant had been convicted after going to London with a fifteen year old girl, who wanted to leave home. The defendant had been warned by her parents not to do so, and the girl’s consent could not affect the issue.

Citations:

Gazette 20-Oct-1999, Times 15-Oct-1999, [2000] 1 Cr App R 418

Statutes:

Child Abduction Act 1984 2

Jurisdiction:

England and Wales

Cited by:

Cited – Norman, Regina v CACD 31-Jul-2008
The defendant suffered a degenerative disease affecting his mental capacity, and at trial the issue of his fitness to plead arose.
Held: Where the issue of unfitness arose it was necessary for the court to exercise very careful case management . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.85104

Regina v Allen (Brian Roger): CACD 13 Oct 1999

The legislation encompassed the failure to pay tax as a benefit accrued through criminal activity, and therefore a court could order forfeiture of the proceeds of the crime, even though the wrong-doer might remain liable for the unpaid taxes in civil law. The possibility of such double liability was not relevant to the criminal proceedings.

Citations:

Times 13-Oct-1999

Statutes:

Criminal Justice Act 1988 71(5)

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.85111

Regina v Bowden: CACD 10 Nov 1999

The defendant downloaded indecent images of children onto his computer, and printed them out. He was convicted of making new images by virtue of creating copies on his disc by downloading, by displaying them on his screen, and by printing them out.
Held: He had been properly convicted. Such creation of new copies was clearly the ‘making’ of images in the ordinary and natural meaning of that term: ‘In our judgment section 1 as amended is clear and unambiguous in its true construction. Quite simply, it renders unlawful the making of a photograph or a pseudo-photograph. There is no definition section. Accordingly the words ‘to make’ must be given their natural and ordinary meaning. In this context this is ‘to cause to exist; to produce by action, to bring about’ (OED). As a matter of construction such a meaning applies not only to original photographs but, by virtue of section 7, also to negatives, copies of photographs and data stored on computer disc.
We do not accept that s.1 in its present form is either ambiguous or obscure. We are certainly not persuaded that in some way the draftsman nodded and produced an ambiguous, obscure or illogical result. Nor do we accept that the natural interpretation leads to any absurdity suggested by counsel. We prefer the submission … of the respondent: ‘a person who either downloads images onto disc or who prints them off is making them. The Act is not only concerned with the original creation of images, but also their proliferation.”

Judges:

Otton LJ, Smith and Collins JJ

Citations:

Gazette 08-Dec-1999, Times 19-Nov-1999, [2001] QB 88, [1999] EWCA Crim 2270, [2000] Crim LR 381, [2000] 2 Cr App R (S) 26, [2000] 2 All ER 418, [2000] 2 WLR 1083

Links:

Bailii

Statutes:

Protection of Children Act 1978 1(1)(a)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Smith, Regina v Jayson CACD 7-Mar-2002
The defendants were convicted of making indecent quasi-photographs of children under the Act. They had received e-mails, and opened the images in attachments to those e-mails. They appealed saying that the opening of the attachment was not . .
Cited – Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions Admn 8-Mar-2000
For possession of an indecent image of a child to be proved, it was necessary to establish some knowledge of its existence. Images stored without the defendant’s knowledge by browser software in a hidden cache, of which he was also unaware, were not . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.85136

Department of Trade and Industry v Cedenio: QBD 22 Mar 2001

The provisions of the Act which required the owner of a business to be identified, were satisfied by the owner of the business signing his name on correspondence. The Act could not be read so as to require the addition of some phrase such as ‘trading as’ Similarly there was no requirement to add an explicit statement that a particular address was an address for service.

Citations:

Times 22-Mar-2001

Statutes:

Business Names Act 1985 4(1) 4(6)

Jurisdiction:

England and Wales

Commercial, Crime

Updated: 25 October 2022; Ref: scu.79912

Director of Public Prosecutions v Armstrong: CACD 10 Dec 1999

It is not necessary to establish that a person inciting another to commit an offence, and the person incited should have the same intention or mens rea. A person calling a police officer and inciting him to send indecent images of children committed the offence of inciting the supply despite the absence at any time of an intention in the person called to comply.

Citations:

Times 10-Dec-1999

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.79982

Attorney-General’s Reference (No 2 of 1992): CACD 21 Jun 1993

The defendant lorry driver collided with cars parked on the hard shoulder of the motorway, killing two people. He pleaded in defence a non-insane automatism induced by the experience of ‘repetitive visual stimulus experienced on long journeys on straight flat roads’
Held: Driving without awareness cannot be used as a defence of automatism, where the loss of awareness was short of the total loss of voluntary control: ‘the defence of automatism requires that there was a total destruction of voluntary control on the defendant’s part. Impaired, reduced or partial control is not enough. Professor Brown [who gave expert evidence for the respondent] accepted that someone ‘driving without awareness’ within his description, retains some control. He would be able to steer the vehicle and usually to react and return to full awareness when confronted by significant stimuli.”

Judges:

Lord Taylor LCJ

Citations:

Gazette 14-Jul-1993, Ind Summary 21-Jun-1993, Times 31-May-1993, [1993] 4 All ER 683, [1993] 3 WLR 982

Statutes:

Criminal Justice Act 1972

Jurisdiction:

England and Wales

Citing:

Approved – Roberts v Ramsbottom 1980
A motorist was involved in an accident when unknowingly he was suffering from a stroke and was unaware of his unfitness to drive. The court considered several criminal cases about automatism before holding: ‘I am satisfied that in a civil case a . .

Cited by:

Not followed – Mansfield and Another v Weetabix Limited and Another CA 26-Mar-1997
A lorry belonging to the defendants failed to take a bend crashing into the plaintiffs’ shop causing extensive damage. Mr Terence Tarleton, the driver later died, as did Mrs Mansfield. Mr Tarleton did not know he had malignant insulinoma, resulting . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 25 October 2022; Ref: scu.78003

Attorney-General’s Reference (No 1 of 1998): CACD 30 Sep 1998

Where the defendant had agreed to receive a package expected to contain drugs which were to be posted from abroad he had already committed the offence of being concerned in importation of controlled drug. Any uncertainty of future events was no bar to the offence.

Citations:

Times 02-Oct-1998, Gazette 30-Sep-1998

Statutes:

Customs and Excise Management Act 1979 170(2)(b)

Jurisdiction:

England and Wales

Crime

Updated: 25 October 2022; Ref: scu.77999

Addow, Regina v: CACD 12 Apr 2018

Renewed application for leave to appeal sentence – offering to supply a controlled drug of Class A to another, contrary to section 4(3)(a) of the Misuse of Drugs Act 1971 and a further offence of supplying a controlled drug of Class A to another under the same provision.

Citations:

[2018] EWCA Crim 903

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 24 October 2022; Ref: scu.624061

Guardian News and Media Ltd and Others v Incedal: CACD 24 Sep 2014

Judges:

Gross LJ, Simon, Burnett JJ

Citations:

[2014] EWCA Crim 1861, [2014] HRLR 28, [2015] EMLR 2

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See also – Guardian News and Media Ltd and Others v R and Incedal CACD 9-Feb-2016
Appeal against refusal of permission to report trial. The prosecution said that there was a threat to national security owing to the nature of the evidence to be given, and the trial was to be held in camera.
Held: The Court gave guidance as . .
Lists of cited by and citing cases may be incomplete.

Crime, Media

Updated: 13 October 2022; Ref: scu.536999

Lloyd and Another, Regina v: CACD 23 Apr 1985

Lord Lane LCJ said: ‘Bearing in mind the observation of Edmund Davis LJ in Warner (1970) 55 CAR 93, we would try to interpret the section in such a way as to ensure that nothing is construed as an intention permanently to deprive which would not prior to the 1968 Act have been so construed. Thus the first part of section 6 (1) seems to us to be aimed at the sort of case were a defendant takes things and then offers them back to the owner for the owner to buy if he wishes. If the taker intends to return them to the owner only upon such payment, then, on the wording of section 6 (1) that is deemed to amount to the necessary intention permanently to deprive;’

Judges:

Lord Lane LCJ

Citations:

[1985] EWCA Crim 1, [1985] QB 829, (1985) 81 CAR 182

Links:

Bailii

Statutes:

Theft Act 1968 6(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Marshall, Regina v CACD 6-Mar-1998
Sale of Unexpired Portion of Ticket can be a Theft
The defendants had been using London Underground tickets, but selling on the unused balance after their journey. On a ruling at trial, they pleaded guilty to theft, but now appealed.
Held: The appeals failed. Although the tickets had passed to . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.247955

Regina v James: CACD 10 Sep 1997

False imprisonment during assault when the victim was too frightened to escape, must be an intentional frighten to detain, not a by-product of the assault.

Citations:

Times 02-Oct-1997, Gazette 10-Sep-1997

Jurisdiction:

England and Wales

Crime

Updated: 11 October 2022; Ref: scu.86991

Regina v Morris: CACD 22 Oct 1997

An allegation of assault occasioning bodily harm, where the harm alleged was of a purely psychological nature, must be supported by psychiatric evidence.

Judges:

Potter LJ, Foster, Ebsworth JJ

Citations:

Times 13-Nov-1997, Gazette 12-Nov-1997, [1997] EWCA Crim 2564

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Chan-Fook CACD 15-Nov-1993
‘Actual bodily harm’ under the 1861 Act, may include injury to any part of the body, including internal organs, the nervous system and the brain. It is capable of including psychiatric injury, but not mere emotion such as fear, distress or panic. . .
Cited – Regina v Burstow, Regina v Ireland HL 24-Jul-1997
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Crime

Updated: 11 October 2022; Ref: scu.87388

Regina v Fernandez: CACD 22 May 1995

The procuring of the signing of a valuable security when intending to treat the document as one’s own can amount to theft.
Lord Justice Auld said: ‘In our view section 6 (1), which is expressed in general terms, is not limited in its application to the illustrations given by Lord Lane CJ in Lloyd. Nor in saying that in most cases it would be unnecessary to refer to the provision, did Lord Lane suggest it should be so limited. The critical notion, stated expressly in the first limb and incorporated by reference in the second is, whether a defendant intended to ‘treat the thing as his own to dispose of regardless of the others rights ‘The second limb of subsection (1) and also subsection (2) are merely specific illustrations of the application of that notion. We consider that section 6 may apply to a person in possession or control of another’s property who, dishonestly and for his own purpose, deals with that property in such a manner that he knows he is risking its loss.’

Judges:

Lord Justice Auld

Citations:

Ind Summary 22-May-1995, (1996) 1 CAR 175

Statutes:

Theft Act 1968 6(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Marshall, Regina v CACD 6-Mar-1998
Sale of Unexpired Portion of Ticket can be a Theft
The defendants had been using London Underground tickets, but selling on the unused balance after their journey. On a ruling at trial, they pleaded guilty to theft, but now appealed.
Held: The appeals failed. Although the tickets had passed to . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 11 October 2022; Ref: scu.86662

Regina v Backshall: CACD 27 Mar 1998

The defence of duress of circumstance was available to a charge of driving without due care just as much as it might be to more serious charge of dangerous driving.

Citations:

Gazette 29-Apr-1998, [1998] EWCA Crim 1101

Jurisdiction:

England and Wales

Crime

Updated: 11 October 2022; Ref: scu.86082

Newspaper Publishing Plc and Others: CACD 25 Apr 1997

The AG sought punishment for the publisher, editor and a journalist of the Independent for contempt of court.
Held: Dismissed

Judges:

Lord Bingham of Cornhill LCJ, Latham, PooleJJ

Citations:

[1997] EWCA Crim 987, [1997] 1 WLR 926, [1997] 3 All ER 159

Links:

Bailii

Jurisdiction:

England and Wales

Crime, Contempt of Court, Media

Updated: 11 October 2022; Ref: scu.573349

Regina v A S: CACD 20 Jan 1997

The defendant appealed against convictions for several sexual offences. The alleged victim had originally denied that any offending had taken place. The defendant denied that anything had happened. He complained now that the court had accepted in evidence his possession of pornographic magazines.
Held: The interviews should have been edited to exclude discussions of the defendant’s attitudes to sexual acts. That had been used to introduce ‘a wholly spurious basis on which to adduce the evidence of the wife and of the magazines.’ The judge had also failed to give an appropriate Lucas direction. A retrial was ordered.

Judges:

Rose LJ, Astil J, Recorder of Bristol

Citations:

[1997] EWCA Crim 109

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Wright and Ormerod CACD 1990
The defendants were charged with indecent assault on a child of 5, who said that the defendants had hurt her in the back and said naughty things to her. The Judge also admitted evidence from the child’s mother of the complaint the child had made to . .
Cited – Regina v Lucas (Ruth) CACD 1981
People sometimes tell lies for reasons other than a belief that they are necessary to conceal guilt.
Four conditions were identified which must be satisfied before a defendant’s lie could be seen as supporting the prosecution case:-
(1) . .

Cited by:

Cited – Regina v B (Evidence: Propensity) CACD 27-Jan-1997
The defendant appealed his conviction for indecent assaults, denying that any assaults had taken place. He complained that the judge had allowed questioning about his sexual propensities.
Held: Propensity to acts is not admissible as evidence . .
Cited – Ashton , Regina v; Regina v Draz; Regina v O’Reilly CACD 5-Apr-2006
The court considered three appeals where there had been a procedural irregularity, and where the judge had taken some step to overcome that irregularity. In two cases the Crown Court judge had reconstituted himself as a district judge to correct a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.149564

Regina v Blackledge; Regina v Grecian; Regina v Mason; Regina v Phillips: CACD 14 Jun 1995

An order restricting certain exports survived the replacement of the Act under which the order was made, and continued to be binding.

Citations:

Gazette 14-Jun-1995

Jurisdiction:

England and Wales

Citing:

See Also – Regina v Blackledge and Others CACD 8-Nov-1995
Documents which were held by one government department, may be deemed to be held by all such departments. The Government’s failure to disclose documents was a material irregularity. . .

Cited by:

See also – Regina v Blackledge and Others CACD 8-Nov-1995
Documents which were held by one government department, may be deemed to be held by all such departments. The Government’s failure to disclose documents was a material irregularity. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.88386

Regina v Shortland: CACD 23 May 1995

The defendant had made a false statement in order to obtain the issue of a passport. She had signed in the name of a deceased child, but claimed that she had been non-violently coerced by her husband.
Held: Coercion of a wife by her husband can be established as a defence to a criminal charge without her needing to show a threat of immediate violence. The need is to show that her will had been overborne.

Citations:

Times 23-May-1995, Gazette 13-Jul-1995, Ind Summary 19-Jun-1995, [1995] CLY 1051, [1996] 1 Cr App R 116

Statutes:

Criminal Justice Act 1925 47

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Richman and Richman 1982
. .

Cited by:

Cited – Regina v Cairns; Regina v Zaldi, Regina v Chaudary CACD 22-Nov-2002
The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable.
Held: The 1996 Act created a duty of secondary . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.88020

Regina v Latif, Regina v Shahzad: CACD 17 Mar 1994

The acts of an agent provocateur give no defence under English Law. The remedy lies in the Judge’s discretion to exclude evidence unfairly obtained. Conduct which leads to the importation of drugs is ‘fraudulent evasion’. The appellants were convicted of arranging for 20 kilograms of heroin to be imported into the United Kingdom. They were sentenced to serve 20 years and 16 years respectively.

Citations:

Times 17-Mar-1994, Gazette 11-May-1994, (1994) 15 Cr App R (S) 864

Statutes:

Customs and Excise Management Act 1979 170(2)

Jurisdiction:

England and Wales

Cited by:

Appeal from – 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 Kayar CACD 2-Mar-1998
A sentence of 20 years’ imprisonment imposed following trial was reduced to one of 16 years in respect of an offender who had organised the importation of a 10.3 kilo consignment of heroin. . .
Cited – Regina v Mulkerrins and Sansom CACD 20-Jun-1997
The defendant appealed sentences for importing 795 kgs of cocaine, with a street value of approximately pounds 125 million.
Held: There was evidence of others involved at a level even higher than the two appellants, but both appellants had . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Crime

Updated: 08 October 2022; Ref: scu.87121

Regina v Giannetto: CACD 19 Jul 1996

A murder conviction was correct on a joint charge where the defendant was found to have encouraged and arranged it. The jury do not have to be sure which defendant in fact killed provided they are sure that both were there pursuant to a joint enterprise to kill or cause grievous bodily harm. If what occurred was within the ambit of the joint enterprise and the other elements of the offence are made out, then both are guilty, although only one had physically killed.

Citations:

Times 19-Jul-1996, [1997] 1 Cr App R 1, [1996] EWCA Crim 1805

Jurisdiction:

England and Wales

Cited by:

Cited – Teiko David Jamel Furbert and Sheldon Eugenio Franks v The Queen PC 23-Mar-2000
PC (Bermuda) The appellants challenged their conviction for murder. Evidence had been admitted of informal and unadmitted conversations with police officers after charge, with the officers notebooks put before . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.86692

Regina v Headley: CACD 15 Feb 1995

The appellant’s brother had been stopped by police and given his name and address as the driver of the car. The appellant was charged with perverting the course of justice on the basis that he had failed to respond to the summons against him arising out of his brother’s driving.
Held: The appellant had not done any act or pursued any course of conduct that could amount to the actus reus of the offence: inaction was not enough.

Citations:

Times 15-Feb-1995, Gazette 29-Mar-1995, (1995) Crim LR 738

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Clark CACD 4-Apr-2003
The defendant had been involved in a car crash. He drove his car home, and reported the accident only the following day. He appealed against a conviction for attempting to pervert the course of justice, having defeated any possibility of his being . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.86836

Regina v Bowen: CACD 24 Apr 1996

The low IQ of the defendant was not relevant to jury’s consideration of the effect of duress as a defence. The age and sex of the defendant (but possibly no other characteristics) are relevant to the cogency of the threat.

Citations:

Gazette 24-Apr-1996, [1997] 1 WLR 372

Jurisdiction:

England and Wales

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 . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.86178

Regina v Bull: CACD 4 Dec 1995

An odometer figure which was stated on the sales slip to be wrong was not s false trade description.

Citations:

Times 04-Dec-1995, [1997] RTR 123

Statutes:

Trades Descriptions Act 1968 1-1-a

Jurisdiction:

England and Wales

Cited by:

Cited – Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court Admn 27-Jul-2007
The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction.
Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.86247

Attorney-General’s Reference (No 3 of 1994): CACD 29 Nov 1995

The defendant was convicted of murder. He stabbed a pregnant woman, causing the premature birth and then death of her child.
Held: Murder is a possible charge for a wound inflicted on an infant en ventre sa mere, but dying after a live birth. The fact of a child’s death after birth from an injury inflicted on the mother whilst the child was in the womb, can found a murder charge.
A foetus is ‘a child capable of becoming a person in being’ and was sufficient to found a conviction for murder: ‘That is not to say that we think if an intention is directed towards the foetus a charge of murder must fail. In the eyes of the law the foetus is taken to be a part of the mother until it has an existence independent of the mother. Thus an intention to cause serious bodily injury to the foetus is an intention to cause serious bodily injury to a part of the mother just as an intention to injure her arm or her leg would be so viewed. Thus consideration of whether a charge of murder can arise where the focus of the defendant’s intention is exclusively the foetus falls to be considered under the head of transferred malice as is the case where the intention is focused exclusively or partially upon the mother herself.’
Mustill LJ commented on the doctrine of transferred malice: ‘Like many of its kind this is useful enough to yield rough justice, in particular cases, and it can sensibly be retained notwithstanding its lack of any sound intellectual basis. But it is another matter to build a new rule upon it.’

Judges:

Mustill LJ

Citations:

Times 06-Dec-1995, Times 29-Nov-1995, [1996] QB 581, [1997] 3 All ER 936

Jurisdiction:

England and Wales

Cited by:

Appeal from – Attorney-General’s Reference (No 3 of 1994) HL 24-Jul-1997
The defendant stabbed a pregnant woman. The child was born prematurely and died. The attack had been directed at the mother, and the proper offence was manslaughter.
Held: The only questions which need to be addressed are (1) whether the act . .
Cited – In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation) CA 22-Sep-2000
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The . .
Cited – Gnango, Regina v SC 14-Dec-2011
The prosecutor appealed against a successful appeal by the defendant against his conviction for murder. He and an opponent had engaged in a street battle using guns. His opponent had shot an innocent passer by. The court was now asked as to whether . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 08 October 2022; Ref: scu.78010

Regina v Gill: CACD 21 Jul 2000

When a defendant was silent, it was necessary for the court to be especially careful to give precise and accurate directions on the effect of such silence as to the drawing of adverse inferences. Having answered questions on some aspects, it was not possible for the court to separate out the issues safely so as to allow an adverse inference to be drawn, and the judge’s directions failed properly to identify clearly all six issues as required in R v Argent

Citations:

Times 17-Aug-2000, [2000] EWCA Crim 49, [2001] 1 Cr App R 11

Links:

Bailii

Statutes:

Criminal Justice and Public Order Act 1994 33

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Argent CACD 16-Dec-1996
The defendant complained that, after acting on his solicitor’s advice to not answer questions when interviewed by the police, the court had allowed the jury to draw inferences from his failure. The police had failed to make such full disclosure of . .

Cited by:

Cited – Petkar and Farquar, Regina v CACD 16-Oct-2003
The defendants appealed their convictions and sentence for theft. Whilst employed by a bank thay had arranged for transfers to their own account. Each blamed the other. They appealed on the basis that the direction on their silence at interview was . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Crime

Updated: 04 October 2022; Ref: scu.158699

Pham v The Secretary of State for The Home Department: CA 20 Sep 2018

Deprivation of citizenship – alleged involvement in terrorist training

Judges:

Arden, Singh, Coulson LJJ

Citations:

[2018] EWCA Civ 2064, [2018] WLR(D) 594, [2019] 1 WLR 2070, [2019] Imm AR 296, [2019] 4 All ER 199, [2019] INLR 327

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Immigration, Crime

Updated: 04 October 2022; Ref: scu.622625

Regina v Aslam: CACD 1 Dec 2011

The defendant had been convicted of manslaughter on an indictment for murder. The jury was directed under the new law to the effect that the reference to ‘substantially impaired’ required the jury to conclude that the impairment was more than minimal. The judge when sentencing said that notwithstanding the finding of diminished responsibility, the defendant’s responsibility for the killing was still substantial. The appellant contended that this was at odds with the jury’s finding. If the abnormality of mental functioning had substantially impaired his ability to understand what he was doing, then he could not at the same time be substantially responsible.
Held: The court gave its reasons for rejecting the appellants appeal against his conviction for manslaughter. The meaning of substantially impaired in the amended version of section 2 was the same as in the original version.

Judges:

Hooper LJ, Edwards-Stuart, Mettyear JJ

Citations:

[2011] EWCA Crim 2797

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Golds, Regina v CACD 2-May-2014
The defendant appealed against his conviction for murder, sayng that the jury had been wrongly directed as to the meaning of ‘substantial impairent when considering the alternative of manslaughter . .
Cited – Golds, Regina v SC 30-Nov-2016
The defendant appealed against his conviction for murder, saying that he should have been only convicted of manslaughter, applying the new test for diminished responsibility as provided under the 1957 Act as amended, and particularly whether the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 29 September 2022; Ref: scu.449746

Regina v Knightsbridge Crown Court ex parte Dunne; Brock v Director of Public Prosecutions: QBD 7 Jul 1993

‘Type of Dog’ has a broader meaning than the phrase ‘Breed of Dog’. American breed standards include characteristic behaviour also.

Citations:

Independent 07-Jul-1993, Times 23-Jul-1993

Statutes:

Dangerous Dogs Act 1991 1(1)(a)

Jurisdiction:

England and Wales

Animals, Crime

Updated: 29 September 2022; Ref: scu.87093

Youssef and Others v The Secretary of State for Foreign and Commonwealth Affairs: Admn 14 Nov 2011

The claimant sought to challenge the continued inclusion of his name on a list of persons subject to restrictions for showing sympathy to al Qaida, asking at this hearing: ‘Whether the Secretary of State’s decision to propose the relevant Claimant for listing by the UNSCR 1267 Committee was tainted by an error of law in that it proceeded on the basis that the relevant criteria for designation required only reasonable suspicion of relevant conduct, rather than evidence sufficient to establish such conduct to at least the civil standard of balance of probability.’

Judges:

Silber J

Citations:

[2011] EWHC 3014 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – HM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .

Cited by:

See Also – Youssef v Secretary of State for Foreign and Commonwealth Affairs CA 29-Oct-2013
The claimant appealed from rejection of his judicial review of a decision that he be placed on a list of persons subject to sanctions and therefore without access to money save with the consent of the government.
Held: The Secretary of State . .
Lists of cited by and citing cases may be incomplete.

Crime, Litigation Practice

Updated: 26 September 2022; Ref: scu.448512

Laila Jhina Mawji and Another v The Queen: PC 4 Dec 1956

Eastern Africa – The two defendants, parties to a valid polygamous marriage, appealed against a conviction of conspiracy to obstruct, prevent, pervert or defeat the course of justice by hiding a wall clock they knew was required for the purpose of an inquiry into a criminal offence.
Held: The rule that a husband and wife cannot conspire together ‘is an example of the fiction that husband and wife are regarded for certain purposes, of which this is one, as in law one person’. The words ‘conspires’ and ‘conspiracy’ in English criminal law were not applicable to a husband and wife alone, and the words ‘other person’ in s 110(a) of the penal code of Tanganyika, if English criminal law were to be applied to their ‘interpretation’ or ‘meaning’, could not, in that context, include a spouse.

Judges:

Oaksey, Tucker, Cohen, Keith of Avonholm, Somervell of Harrow LL

Citations:

[1956] UKPC 40, (1957) 41 Cr App R 69, [1957] 2 WLR 277, [1957] AC 126, [1957] 1 All ER 385

Links:

Bailii

Cited by:

Cited – Bala and Others, Regina v CACD 10-May-2016
The court was asked whether parties to a polygamous marriage recognised in Nigeria could be exempt thereby from a charge as co-conspirators because of s2 of the 1977 Act. The judge had held the marriage invalid after finding that the defendant was . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 20 September 2022; Ref: scu.445617