Tag: Crime

John De Freitas v The Queen: PC 10 Jul 1961

(West Indies)

Citations:

[1961] UKPC 33

Links:

Bailii

Citing:

Appeal from – John De Freitas v The Queen 1960
(West Indian Federal Supreme Court) If the prosecution have shown that the defendant’s actions were not done in self defence, then that issue is eliminated from the case. . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 20 September 2022; Ref: scu.445318

Regina v Williams: CACD 23 Jun 2011

The defendant appealed against his conviction. He had been tried at the Crown Court for being in charge of a dog which caused injury whilst dangerously out of control. In being found not guilty of that offence, he had been convicted of a lesser offence of being in charge of a dog while dangerously out of control in a public place.
Held: The substitute conviction was for an offence triable only at the magistrates court, and was not among those excepted for this purpose under the 1967 Act. The Crown court’s conviction had been in excess of jurisdiction, and the appeal succeeded.

Judges:

Pitchford LJ, Dobbs DBE, Walker JJ

Citations:

[2011] EWCA Crim 1716

Links:

Bailii

Statutes:

Dangerous Dogs Act 1991 3, Criminal Law Act 1967 6(3)

Jurisdiction:

England and Wales

Citing:

Applied – Buckley, Regina v CACD 13-May-2009
The appellant had faced trial at the Crown Court for the aggravated offence under section 3 of the 1991 Act, but had pleaded guilty to the lesser offence under section 4.
Held: The appeal was allowed. The section 4 offence was a summary only . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 20 September 2022; Ref: scu.444834

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 recognised that a person defending himself cannot weigh to a nicety the exact measure of necessary defensive action. If a jury is of the opinion that in a moment of unexpected anguish the person attacked did only what he honestly and reasonably thought was necessary, that should be regarded as most potent evidence that only reasonably defensive action was taken.’
Jamaica – The defendant appealed against his conviction for murder, arguing self defenec.
Held: After setting out the elements of the defence of self-defence, Lord Morris of Borth-y-Gest said: ‘if the prosecution have shown that what was done was not done in self-defence then that issue is eliminated from the case. If the jury consider that the accused acted in self-defence or if the jury are in doubt as to this then they will acquit. The defence of self-defence either succeeds so as to result in an acquittal or it is disproved in which case as a defence it is rejected.’

Judges:

Lord Morris of Borth-y-Gest, Lord Donovan, Lord Avonside

Citations:

[1971] 1 All ER 1077, (1971) 55 Cr App R 223 (PC), [1971] AC 814, [1970] UKPC 31, [1971] 2 WLR 831, (1971) 55 Cr App R 223

Links:

Bailii

Jurisdiction:

Commonwealth

Citing:

Not Followed – The Queen v Howe 1958
High Court of Australia – Criminal Law – Murder – Conviction – Quashed on appeal to Supreme Court – New trial ordered – Appeal to High Court by Crown – Special leave – Questions of law affecting law of homicide – Importance – Self-defence – . .
Preferred – John De Freitas v The Queen 1960
(West Indian Federal Supreme Court) If the prosecution have shown that the defendant’s actions were not done in self defence, then that issue is eliminated from the case. . .

Cited by:

Cited – Bici and Bici v Ministry of Defence QBD 7-Apr-2004
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car.
Held: The incidents occurred in the course of peace-keeping duties. It was . .
Cited – 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 . .
Cited – Regina (Anderson and Others) v HM Coroner for Inner North Greater London QBD 26-Nov-2004
The deceased suffered depressive mental illness, and was detained outside on a cold night naked and in a cannabis induced delirium. Because of his size, additional officers were called upon to assist restraining him. He was taken to hospital, but . .
Cited – Ashley and Another v Sussex Police CA 27-Jul-2006
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and . .
Cited – Regina v Clegg HL 25-Jan-1995
The defendant was a soldier on patrol in Northern Ireland. He was convicted of the murder of the passenger and attempted murder of the driver of a stolen car. He said he had fired in self defence. The Court of Appeal had rejected his appeal saying . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 20 September 2022; Ref: scu.444511

Secretary of State for The Home Department v CD: Admn 29 Jul 2011

CD challenged the decision by the respondent to make him subject to a control order by way of a review under section 3(10) of the 2005 Act.
Held: The decision was justified.

Judges:

Owen J

Citations:

[2011] EWHC 2087 (Admin)

Links:

Bailii

Statutes:

Prevention of Terrorism Act 2005 3(10)

Jurisdiction:

England and Wales

Crime

Updated: 17 September 2022; Ref: scu.442443

Berry v The Queen: PC 15 Jun 1992

(Jamaica) Appeal from conviction for murder. Accidental discharge of gun in struggle.

Citations:

[1992] UKPC 16

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Mears v Regina PC 1993
The prosecution case relied upon the evidence of a woman with whom the accused cohabited. The prosecution case was that the accused had told the woman that he had killed the victim in a particular way. The defendant denied killing the victim and . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 17 September 2022; Ref: scu.442480

Girdler v Regina: CACD 15 Dec 2009

What directions should be given to the jury when a defendant charged with causing death by dangerous driving in one count submits that he did not cause the death of a person, but that a driver in another vehicle, whose death the defendant is also said to have caused in another count, did? Lawyers have traditionally used the rubric ‘novus actus interveniens’ to describe the issue raised in this case. We shall use those words or translate them as new and intervening act or event.

Citations:

[2009] EWCA Crim 2666, [2010] RTR 28

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – A, Regina v CACD 17-Mar-2020
The defendant had stopped on the hard shoulder of the motorway at night, but displayed no lights. A truck, the driver having fallen asleep at the wheel, hit the car and a passenger died. The prosecutor now appealed accession to a submission of no . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 17 September 2022; Ref: scu.424443

XX v Secretary of State for The Home Department: CA 27 Jul 2011

The claimant an Ethiopian national had been detained on arrival on the basis that his presence woiuld not be for the public good. After appeal his indefinite leave to remain was regranted, and he was released from custody into immigration detention. Eventually he was made subject of a non-derogating control order.

Judges:

Maurice Kay VP, Richards LJJ

Citations:

[2011] EWCA Civ 860

Links:

Bailii

Statutes:

Terrorism Act 2000

Jurisdiction:

England and Wales

Crime

Updated: 16 September 2022; Ref: scu.442237

Secretary of State for The Home Department v Cb and Another (Rev 1): Admn 25 Jul 2011

The court was asked whether it was appropriate to stay control order proceedings concerning BP and CB which they still wish to pursue after those orders have been revoked by the Secretary of State for the Home Department.

Judges:

Silber J

Citations:

[2011] EWHC 1990 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 16 September 2022; Ref: scu.442165

Dare v Crown Prosecution Service: Admn 13 Jul 2012

The defendant appealed from his conviction under section 328. He had been arranging to buy what he admitted he thought may be a stolen car.
Held: The parties had nor reached agreement even as to the purchase price, and no further steps had been taken to identify a sub-purchaser. The conviction was quashed.

Judges:

Bean J

Citations:

[2012] EWHC 2074 (Admin), (2013) 177 JP 37, [2012] Lloyd’s Rep FC 718, [2013] Crim LR 41

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 328(1)

Jurisdiction:

England and Wales

Crime

Updated: 15 September 2022; Ref: scu.464816

Rostron and Another, Regina v: CACD 16 Jul 2003

The defendants appealed from their conviction for theft having gone at night to a golf course to recover golf balls from a water hazard on the course. They said that the golf balls had been abandoned by their owners

Judges:

Mantell LJ, Jack J, Sir Richard Rougier

Citations:

[2003] EWCA Crim 2206

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Ivey v Genting Casinos (UK) Ltd (T/A Crockfords) SC 25-Oct-2017
The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 15 September 2022; Ref: scu.441310

Redmond-Bate v Director of Public Prosecutions: Admn 23 Jul 1999

The police had arrested three peaceful but vociferous preachers when some members of a crowd gathered round them threatened hostility.
Held: Freedom of speech means nothing unless it includes the freedom to be irritating, contentious, eccentric, heretical, unwelcome and provocative provided it did not tend to provoke violence. There was no reasonable inference available in this case to the police officer that the appellant, preaching about morality, was about to cause a breach of the peace.
Sedley LJ said: ‘A judgment as to the imminence of a breach of the peace does not conclude the constable’s task. The next and critical question for the constable, and in turn for the court, is where the threat is coming from, because it is there that preventive action must be directed. It is only if otherwise lawful conduct gives rise to a reasonable apprehension that it will, by interfering with the rights or liberties of others, provoke violence which, though unlawful, would not be entirely unreasonable that a constable is empowered to take steps to prevent it . . Mr Kealy for the prosecutor submitted that if there are two alternative sources of trouble, a constable can properly take steps against either. This is right, but only if both are threatening violence or behaving in a manner that might provoke violence’ and ‘The test to determine whether the police officer’s action was reasonable was an objective one, in the sense that it was for the courts to decide, not whether the view taken by that officer fell within the broad band of rational decisions but whether, in the light of what he knew and perceived at the time, the court was satisfied that it was reasonable to fear an imminent breach of the peace and that reasonableness had to be evaluated without the qualifications of hindsight.’
Sedley LJ said: ‘Freedom of speech includes not only the inoffensive but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the provocative, provided it does not tend to provoke violence. Freedom only to speak inoffensively is not worth having. What Speakers’ Corner (where the law applies as fully as anywhere else) demonstrates is the tolerance which is both extended by the law to opinion of every kind and expected by the law in the conduct of those who disagree, even strongly, with what they hear. From the condemnation of Socrates to the persecution of modern writers and journalists, our world has seen too many examples of state control of unofficial ideas. A central purpose of the European Convention on Human Rights has been to set close limits to any such assumed power. We in this country continue to owe a debt to the jury which in 1670 refused to convict the Quakers William Penn and William Mead for preaching ideas which offended against state orthodoxy.’

Judges:

Sedley LJ

Citations:

Times 28-Jul-1999, [2000] HRLR 249, [1999] EWHC Admin 733, (1999) 7 BHRC 375, [1999] Crim LR 998, (1999) 163 JP 789, CO/188/99

Links:

Bailii

Statutes:

Police Act 1996 89(2)

Jurisdiction:

England and Wales

Citing:

Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
Cited – Beatty v Gilbanks CA 13-Jun-1882
A lawful Salvation Army march attracted disorderly opposition and was therefore the occasion of a breach of the peace.
Held: It could not be found a case of unlawful assembly against the leaders of the Salvation Army march. Accepting that a . .
Cited – Duncan v Jones KBD 1936
The appellant was about to make a public address in a situation in which the year before a disturbance had been incited by her speaking. A policeman believed reasonably that a breach of the peace would occur if the meeting was held, and ordered the . .
Cited – Wise v Dunning KBD 1902
A protestant preacher in Liverpool was held to be liable to be bound over to keep the peace upon proof that he habitually accompanied his public speeches with behaviour calculated to insult Roman Catholics. His actions had caused, and were liable to . .
Cited – Regina v Howell (Errol) CACD 1981
The court considered the meaning of the legal concept of a breach of the peace.
Held: The essence is to be found in violence or threatened violence. ‘We entertain no doubt that a constable has a power of arrest where there is reasonable . .
Cited – Regina v Nicol and Selvanayagam QBD 10-Nov-1995
The appellants appealed a bind-over for a finding that each appellant had been guilty of conduct whereby a breach of the peace was likely to be occasioned. The appellants, concerned about cruelty to animals, had obstructed an angling competition by . .
Cited – Percy v Director of Public Prosecutions QBD 13-Dec-1994
A woman protester repeatedly climbed over the perimeter fencing into a military base.
Held: The defendant had a choice between agreeing to be bound over and going to prison. Her refusal to agree to be bound over had an immediate and obvious . .
Cited – Regina v Morpeth Ward Justices, ex parte Ward 1992
A bind-over was upheld on people who had noisily and turbulently disrupted a pheasant shoot. . .

Cited by:

Distinguished – Norwood v Director of Public Prosecutions Admn 3-Jul-2003
The appellant a BNP member had displayed a large poster in his bedroom window saying ‘Islam out of Britain’. He was convicted of an aggravated attempt to cause alarm or distress. The offence was established on proof of several matters, unless the . .
Cited – Laporte, Regina (on the Application of) v Gloucestershire Constabulary and others CA 8-Dec-2004
The claimant had been in a bus taking her and others to an intended demonstration. The police feared breaches of the peace, and stopped the bus, and ordered the driver to return to London, and escorted it to ensure it did not stop.
Held: The . .
Cited – Wragg, Regina (on the Application Of) v Director of Public Prosecutions Admn 15-Jun-2005
The court faced a case stated where the defendant had been accused of resisting arrest. The officers claimed to have anticipated a breach of the peace, having been called to a domestic dispute.
Held: Though the defendant had not behaved with . .
Cited – Singh and others v Chief Constable of West Midlands Police QBD 4-Nov-2005
A play was presented which was seen by many Sikhs as offensive. Protesters were eventually ordered to disperse under s30 of the 2003 Act. The defendants appealed their convictions for having breached that order, saying that it interfered with their . .
Cited – Bibby v Chief Constable of Essex Police CA 6-Apr-2000
A bailiff sought to execute against goods in a shop against the will of the occupier. The police attended and when tempers were raised the police officer anticipated a breach of the peace by the bailiff and arrested him. He sought damages for that . .
Cited – Singh, Regina (on the Application of) v Chief Constable of West Midlands Police CA 28-Jul-2006
Sikh protesters set out to picket a theatre production which they considered to offend their religion. The respondent used a existing ASBO dispersal order which had been obtained for other purposes, to control the demonstration.
Held: The . .
Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Gaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .
Cited – Abdul and Others v Director of Public Prosecutions Admn 16-Feb-2011
The defendants appealed against convictions for using threatening, abusive or insulting words or behaviour or disorderly behaviour . . within the hearing or sight of a person likely to be caused harassment, alarm or distress. He had attended a . .
Cited – Moos and Another, Regina (on The Application of) v Commissioner of the Police of The Metropolis Admn 14-Apr-2011
The claimants, demonstrators at the G20 summit, complained of the police policy of kettling, the containment of a crowd over a period of time, not because they were expected to to behave unlawfully, but to ensure a separation from those who were. . .
Cited – McClure and Another, Regina (on The Application of) v The Commissioner of Police of The Metropolis CA 19-Jan-2012
The Commissioner appealed against a decision that certain aspects of its crowd control procedures exercised during a public protest were unlawful.
Held: The appeal succeeded. The issue came down to whether the commanding officer genuinely held . .
Cited – Dehal v Crown Prosecution Service Admn 27-Sep-2005
The appellant had been convicted under section 4 of the 1986 Act. He had been accused of attending at Luton Guruwarda and intending to cause distress. He said that he had gone only peacefully to express his true religious beliefs. He had left a . .
Cited – Jewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council Admn 28-Jun-2016
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also . .
Cited – Roberts and Others v Regina CACD 6-Dec-2018
Sentencing of Political Protesters
The defendants appealed against sentences for causing a public nuisance. They had been protesting against fracking by climbing aboard a lorry and blocking a main road for several days.
Held: The appeals from immediate custodial sentences were . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Crime, Police

Leading Case

Updated: 15 September 2022; Ref: scu.139996

Attorney General’s Reference (No 1 of 1989): CACD 1989

Citations:

(1989) 11 Cr App R(S) 4109

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Stacey CACD 24-Oct-1996
The defendant appealed sentence on several very serious offences of rape and sexual assault of young girls in his care. The total sentence was ten years.
Held: Sentencing in such cases must turn on the facts of each case. The pre-sentence . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 14 September 2022; Ref: scu.180665

Regina v Gingell: CACD 16 Apr 1999

On a charge of assisting in the disposal of stolen goods for the benefit of another, that other cannot be someone co-accused on the same charge. As a matter of plain language that other person must himself be a third party to the charge.

Citations:

Times 21-May-1999, Gazette 12-May-1999, [1999] EWCA Crim 1025

Links:

Bailii

Statutes:

Theft Act 1968 22(1)

Jurisdiction:

England and Wales

Crime

Updated: 13 September 2022; Ref: scu.85272

Jude and Others v Her Majesty’s Advocate: HCJ 11 May 2011

Judges:

Lord Justice Clerkm Lord Osborne, Lord Eassie, Lord Clarke, Lord Mackay of Drumadoon

Citations:

[2011] ScotHC HCJAC – 46, 2011 SLT 722

Links:

Bailii

Cited by:

Cited – McGowan (Procurator Fiscal) v B SC 23-Nov-2011
The appellant complained that after arrest, though he had been advised of his right to legal advice, and had declined the offer, it was still wrong to have his subsequent interview relied upon at his trial.
Held: It was not incompatible with . .
Appeal from – Jude v Her Majesty’s Advocate SC 23-Nov-2011
The Lord Advocate appealed against three decisions as to the use to be made of interviews where the detainees had not been given access to lawyers. In each case the prosecutor now appealed after their convictions had been overturned in the light of . .
Lists of cited by and citing cases may be incomplete.

Scotland, Crime

Updated: 12 September 2022; Ref: scu.439700

Underwood and Others, Regina v: CACD 30 Jul 2004

‘These appeals have therefore been listed together to enable this Court to repeat and emphasise general guidance about the procedure to be adopted where the defendant pleads guilty on a factual basis different to that which appears from the Crown’s case, or, indeed, a study of the papers. In short, we are concerned with the process which will achieve the sentence appropriate to reflect the justice of the case where there is plea of guilty, but some important fact or facts relating to the offence which the defendant is admitting, of potential significance to the sentencing decision, are in dispute.’

Judges:

Judge D LCJ L, Douglas Brown J, Bean J

Citations:

[2004] EWCA Crim 2256, [2005] 1 Cr App Rep 13

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Cairns v Regina CACD 16-Apr-2013
Appeals against sentence are mounted on the basis that the Judge has failed to have any, or sufficient, regard to the basis on which a plea of guilty has been entered. Re-statement of approaches. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 11 September 2022; Ref: scu.226778

DS and TS, Regina v: CACD 21 Apr 2015

The Court considered the conditions for a stay of criminal proceedings for abuse of process for non-disclosure.

Judges:

Lord Thomas of Cwmgiedd CJ, MacDuff, Jeremy Baker JJ

Citations:

[2015] EWCA Crim 662, [2015] 2 Cr App R 27, [2015] 1 WLR 4905, [2015] WLR(D) 281, [2015] Crim LR 814

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Crime

Updated: 08 September 2022; Ref: scu.549002

Ikram and Another, Regina v: CACD 19 Mar 2008

Appeals from conviction of causing or allowing the death of a child

Judges:

President of the Queen’s Bench Division

Citations:

[2008] EWCA Crim 586, [2008] 2 Cr App R (S) 114, [2008] Crim LR 912, [2008] 2 Cr App Rep 24, [2009] 1 WLR 1419, [2008] 4 All ER 253

Links:

Bailii

Statutes:

Domestic Violence, Crime and Victims Act 2004 5

Jurisdiction:

England and Wales

Crime

Updated: 07 September 2022; Ref: scu.267053

Guraj, Regina v: CACD 6 Mar 2015

The defendant appealed against a confiscation order made on his plea to charges of possession of drugs with intent to supply. The Crown had served its statement under section 16 of the 2002 Act, but it was 14 months’ late.

Judges:

Jackson LJ, Mitting, Jay JJ

Citations:

[2015] EWCA Crim 305, [2015] 1 WLR 4149, [2015] 2 Cr App R (S) 21, [2015] WLR(D) 143

Links:

Bailii, WLRD

Statutes:

Proceeds of Crime Act 2002 14(5) 15(2), Misuse of Drugs Act 1971

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Knights and Another HL 21-Jul-2005
The defendants had been convicted of offences involving dealing with goods on which customs duty had not been paid. After conviction a timetable was set for sentencing and for confiscation proceedings. The House considered the making of the . .

Cited by:

Appeal from – Guraj, Regina v SC 14-Dec-2016
The defendant had pleaded to charges of possession of drugs with intent to supply. He was sentenced, but then the prosecutor was 14 months’ late serving its notice with regard to the confiscation order under section 16. The crown now appealed . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 03 September 2022; Ref: scu.544227

T, Regina v: CACD 17 Oct 2008

Application for permission to appeal against a conviction on ten counts of rape and six counts of indecent assault against this applicant.
Held: Dismissed.

Judges:

Moses LJ, Tugendhat J, Gilbert QC HHJ

Citations:

[2008] EWCA Crim 3229

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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.

Crime

Updated: 03 September 2022; Ref: scu.440363

BB, Regina (on The Application of) v Special Immigration Appeals Commission and Another: Admn 25 Feb 2011

The court was asked as to bail proceedings in the context of appeals to the Special Immigration Appeals Commission.

Citations:

[2011] EWHC 336 (Admin)

Links:

Bailii

Statutes:

Special Immigration Appeals Commission Act 1997

Crime, Human Rights

Updated: 03 September 2022; Ref: scu.430082

Jamalov, Regina v: CACD 9 Feb 2010

The defendant appealed from his conviction for using a false identity card. Though he had such a card, he said that it had not been shown that he had intended to use it as required ‘for establishing registrable facts about himself’ The driving licence had his correct name but the wrong data for his birth was shown.
Held: His plea of guilty had been an admission of his intent, and the appeal failed.

Judges:

Hooper LJ

Citations:

[2010] EWCA Crim 309, [2010] 2 Cr App Rep 4

Links:

Bailii

Statutes:

Identity Cards Act 2006 25(1)(a)

Jurisdiction:

England and Wales

Crime

Updated: 01 September 2022; Ref: scu.428650

Windsor and Others v Crown Prosecution Service: CACD 8 Feb 2011

The appellants challenged restraint and receivership orders made against them under the 2002 Act.

Judges:

Hooper LJ, Openshaw J, Sir Geoffrey Grigson

Citations:

[2011] EWCA Crim 143, [2011] Lloyd’s Rep FC 204, [2011] 2 Cr App R 7, [2011] WLR (D) 4

Links:

Bailii, WLRD

Statutes:

Proceeds of Crime Act 2002

Jurisdiction:

England and Wales

Crime

Updated: 01 September 2022; Ref: scu.428641