Tag: Crime

Director of Public Prosecutions v Smith: Admn 24 Feb 2017

Prosecutor’s appeal from acquittal on charges of having transmitted grossly offensive materialover a public telecommunications network, and in particular by publishing certain videos on youtube. The district judge had found the material was not grossly offensive.
Held: The appeal suceeded.

Citations:

[2017] EWHC 359 (Admin)

Links:

Bailii

Statutes:

Communications Act 2003 127(1)(a)

Jurisdiction:

England and Wales

Crime

Updated: 03 February 2022; Ref: scu.577296

Mackalley’s case: 1611

If an officer or magistrate is killed when executing a process or preserving the peace, the offence is murder and remains so even if there is some defect in the process being executed, or the arrest was being made at night.
Constables were described as ministers of the King.

Citations:

(1611) 9 Co Rep 65 b, (1611) Cro Jac 279, [1611] ER 824, [1572] EngR 233, (1572-1616) 9 Co Rep 61, (1572) 77 ER 824

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

See Also – Mackalley’s Case 1572
. .

Cited by:

Cited – Woolmington v Director of Public Prosecutions HL 23-May-1935
Golden Thread of British Justice – Proof of Intent
The appellant had been convicted of the murder of his wife. She had left him and returned to live with her mother. He went to the house. He said he intended to frighten her that he would kill himself if she did not return. He wired a shotgun to . .
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Cited – Conway v Rimmer HL 28-Feb-1968
Crown Privilege for Documents held by the Polie
The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 February 2022; Ref: scu.223124

Connell, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 2 Feb 2017

The Claimant seeks judicial review of the Defendant’s decision not to deport him to Ireland as a foreign criminal.

Citations:

[2017] EWHC 100 (Admin), [2017] WLR(D) 75

Links:

Bailii, WLRD

Statutes:

UK Borders Act 2007

Jurisdiction:

England and Wales

Immigration, Crime

Updated: 29 January 2022; Ref: scu.573924

Almaz-Antey Air and Space Defence v Council: ECFI 25 Jan 2017

ECJ (Judgment) Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Legal person supporting, materially or financially, actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine – Proportionality – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Fundamental rights – Manifest error of assessment

Citations:

ECLI:EU:T:2017:25, [2017] EUECJ T-255/15

Links:

Bailii

Jurisdiction:

European

Crime

Updated: 29 January 2022; Ref: scu.573730