Tag: Crime

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

AE (Libya), Regina (on The Application of) v Secretary of State for The Home Department: Admn 2 Feb 2011

The appellant challenged as unlawful his administrative detention nafter finishing his prison sentence and pending removal to Libya.

Judges:

Stephen Davis J

Citations:

[2011] EWHC 154 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Crime, Immigration

Updated: 01 September 2022; Ref: scu.428421

Ali and Another v Revenue and Customs Prosecutions Office: CACD 9 Jul 2008

Appeal from convictions of money laundering

Judges:

Lord Justice Moses

Citations:

[2008] EWCA Crim 146

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Briggs-Price, Regina v HL 29-Apr-2009
The applicant appealed against a confiscation order made on the basis of evidence obtained for and given in a trial that he had profited from the importation of cannabis. He had not faced trial on an associated charge, but had been convicted of . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 September 2022; Ref: scu.270596

Jukes and Others v Director of Public Prosecutions: Admn 16 Jan 2013

Two of those participating in a march demonstrating against cuts in the education budget, left that march to join the Occupy Movement’s demonstration in Trafalgar Square against the excesses of capitalism. They were, convicted at Westminster Magistrates’ Court of breaching conditions imposed under section 12 of the Public Order Act 1986 in respect of the route the march should take. They said that they had left the march and were on a new route of their own.
Held: The District Judge was right to find that they had not left the March, and: ‘Those participating in the public procession were entitled to leave it, but they were not entitled to move from the route of the procession whilst they remained as participants in it. I’
The Court said: ‘It is important to note that the conditions imposed pursuant to the power confirmed under section 12(1) are conditions which relate, as the section indicates, to a particular public procession. ‘Public procession’ is defined in section 16 of the Act to mean a procession in a public place. That it relates to a particular public procession is made clear by the identification within section 12(1) of the grounds upon which conditions may be imposed. The circumstances and the route on the basis of which a police officer’s belief of risk must reasonably be founded route relate to a particular public procession.’

Judges:

Moses LJ and Gloster J

Citations:

[2013] EWHC 195 (Admin)

Links:

Bailii

Statutes:

Public Order Act 1986 12

Jurisdiction:

England and Wales

Cited by:

Cited – Powlesland v Director of Public Prosecutions Admn 9-Dec-2013
The defendant apealed against his conviction for having taken part in a public procession, a a Critical Mass Cycle Ride, knowingly in breach of conditions attached to it by the Police. The defendant had argued that the ride was not a procession.
Cited – Jones and Others v The Commissioner of Police for The Metropolis Admn 6-Nov-2019
Distributed Demonstration not within 1986 Act
The claimants, seeking to demonstrate support for the extinction rebellion movement by demonstrating in London, now challenged an order made under the 1986 Act restricting their right to demonstrate.
Held: The XRAU was not a public assembly at . .
Lists of cited by and citing cases may be incomplete.

Crime, Road Traffic

Updated: 31 August 2022; Ref: scu.471020

D v Director of Public Prosecutions: Admn 1 Dec 2010

The defendant appealed against his conviction for assaulting a Community Service Officer in the execution of her duties causing her injury. He said she had not been acting in the course of her duties.

Judges:

Ouseley J

Citations:

[2010] EWHC 3400 (Admin)

Links:

Bailii

Statutes:

Police Reform Act 2002 46(1)

Jurisdiction:

England and Wales

Police, Crime

Updated: 31 August 2022; Ref: scu.427945

Regina v Vincent: CACD 13 Mar 2001

Where a hotel guest achieved an arrangement with the hotel management, so that they did not expect payment as he left, that was enough to defeat an allegation that he had made off without payment. This applied even if the agreement was obtained by deception. The section permitted no analysis of the motives or beliefs underlying the agreement which set aside the normal expectation.

Citations:

Times 13-Mar-2001, Gazette 05-Apr-2001

Statutes:

Theft Act 1978 3

Jurisdiction:

England and Wales

Crime

Updated: 29 August 2022; Ref: scu.88697

Al Hassan-Daniel and Another v HM Revenue and Customs and Another: CA 15 Dec 2010

Suspected of having ingested bags of cocaine, the deceased had been arrested on arrival at the airport. He refused all liquids and foods, but after a week, he died of acute cocaine poisoning. His wife sought damages alleging human rights infringement, and the defendant sought to strike out the claim under ex turpi causa non oritur actio. His family appealed direct from the county court.
Held: The appeal succeeded. The defence of ex turpi causs could not be applied in a human rights case.

Judges:

Lord Neuberger MR, Maurice Kay VP, Sedley LLJ

Citations:

[2010] EWCA Civ 1443, [2011] HRLR 9, [2011] 2 WLR 488, [2011] 2 All ER 31, [2011] UKHRR 1

Links:

Bailii

Jurisdiction:

England and Wales

Human Rights, Torts – Other, Crime

Updated: 28 August 2022; Ref: scu.427168

Regina v Morris and King: CACD 1984

The court was asked to say what was required to be shown in deciding whether an object had the appearance of a firearm.
Held: The court rejected an objective test, saying: ‘In considering whether or not the thing looked like a firearm at that time, the jury are entitled to have regard to the evidence of any witnesses who actually saw the thing at that time, together with their own observation of the thing itself, if they have seen it.’

Judges:

Dunn LJ

Citations:

(1984) 79 Cr App R 104

Jurisdiction:

England and Wales

Crime

Updated: 27 August 2022; Ref: scu.188704

Browbank v Director of Public Prosecutions: Admn 24 Feb 2003

Appeal by case stated against conviction for theft. Operating a cash register, he had been accused of making fraudulent refunds.
Held: The evidence had been sufficient to support the conviction.

Judges:

McCombe J

Citations:

[2003] EWHC 375 (Admin)

Links:

Bailii

Statutes:

Theft Act 1968 1 7

Jurisdiction:

England and Wales

Crime

Updated: 27 August 2022; Ref: scu.184955

Le Vine v Director of Public Prosecutions: Admn 6 May 2010

The appellant had been charged with, and convicted of, an offence contrary to section 4A(1) of the 1986 Act. He had allegedly gone into the laundry room in the basement of the sheltered accommodation where he and the complainant and others each had self-contained flats, shouting obscenities at the complainant. The Divisional Court dismissed his appeal from the magistrates’ court and upheld his conviction. The crucial question, the court concluded, was whether the laundry room could properly be described as part of a structure which was occupied as part of the appellant’s home. It held not. The laundry room was a communal room shared by those who lived in several homes in the building, but could not be regarded as part of the structure of any individual home.

Judges:

Elias LJ, Keith J

Citations:

[2010] EWHC 1128 (Admin), (2010) 174 JP 337

Links:

Bailii

Statutes:

Public Order Act 1986 4A(1)

Jurisdiction:

England and Wales

Crime

Updated: 26 August 2022; Ref: scu.426044

Joseph v Regina: CACD 11 Nov 2010

In 2004, the defendant had been convicted of murder. He now appealed saying that advanced in the analysis of gunshot residues would make the forensic evidence then given now unreliable.
Held: At trial the forensic experts had made concessions which would have been appropriate now. The jury had not been misled.

Judges:

Pitchford LJ, Sweeney, Slade JJ

Citations:

[2010] EWCA Crim 2580

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – George v Regina CACD 15-Nov-2007
The defendant appealed against his conviction for the murder of the BBC presenter Jill Dando. He said that the prosecution had relied heavily on the discovery, a year later, of a single particle of firearm discharge residue.
Held: The evidence . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 26 August 2022; Ref: scu.425944

Blench v Director of Public Prosecutions: Admn 5 Nov 2004

The defendant appealed against his conviction for assaulting a police officer in the execution of his duty under section 89. He had argued that he had no case to answer. The officers had received an emergency call to the house, but the female caller had told them then not to come. On arrival, the defendant had told them to get off his property. Fearing violence to a child, the police used CS gas to obtain entry under the 1984 Act and arrested him for breach of the peace.
Held: The appeal failed. The police had information that a child was at risk. They had the power under the 1984 Act to enter to investigate that matter, and their actions were lawful. Since their actions were under the 1984 Act, the questions detailed in Bibby, which dealt with the use of common law powers, did not arise.

Judges:

Thomas LJ, Fulford J

Citations:

[2004] EWHC 2717 (Admin)

Links:

Bailii

Statutes:

Police Act 1996 89, Police and Criminal Evidence Act 1984
17(1)(e)

Jurisdiction:

England and Wales

Citing:

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 – Albert v Lavin HL 3-Dec-1981
An off duty and out of uniform police officer attempted to restrain the defendant jumping ahead of a bus queue. The defendant struggled, and continued to do so even after being told that of the officer’s status. He said he had not believed that he . .
Cited – Laporte, Regina (on the Application of) v Gloucestershire Constabulary and others Admn 19-Feb-2004
The court considered a claim for judicial review of a police officer’s decision to turn back a number of coaches. Each coach contained passengers en route to join a demonstration at an RAF base in Gloucestershire, the officer honestly and reasonably . .
Cited – Snook v Mannion QBD 1982
The police officer refused to leave premises after being told to ‘Fuck off’.
Held: Whether such words amounted to a withdrawal of the officer’s licence to be on the land was a question of fact in the circumstances. . .
Cited – Davis v Lisle CA 1936
Two police officers, one in plain clothes and the other in uniform, passed by a lorry causing an obstruction in the highway outside a garage. Two men were repairing it. Some minutes later they returned and saw that the lorry had been moved into the . .
Cited – Riley v Director of Public Prosecutions Admn 1990
A police officer is not acting in the execution of his duty by arresting or detaining someone unless that arrest or detention is lawful. Justices are not entitled to infer that a police officer was acting in the course of his duty in carrying out a . .
Lists of cited by and citing cases may be incomplete.

Crime, Police

Updated: 25 August 2022; Ref: scu.425319

Dorset County Council v House: CACD 13 Oct 2010

The defendant appealed against his convictions after selling cattle without eartags and failing to give proper notifications of cattle movements.

Judges:

Toulson LJ, Maddison, Hickinbottom JJ

Citations:

[2010] EWCA Crim 2270

Links:

Bailii

Statutes:

Cattle Identification Regulations 1998 (1998 SI No 871), Cattle Database Regulations 1998 (1998 SI No 1796) 5(1), Trade Descriptions Act 1968 1(1)

Jurisdiction:

England and Wales

Crime, Agriculture

Updated: 25 August 2022; Ref: scu.425198

Hai, Regina v: CACD 6 Oct 2009

Citations:

[2009] EWCA Crim 2157

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

First Appeal – Hai, Regina v CACD 21-Sep-2010
The defendant sought leave to appeal against his conviction for murder. An earlier application had been refused in part. The court now gave its reasons for refusing leave as to the adducing of additional evidence. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 24 August 2022; Ref: scu.424439

Hai, Regina v: CACD 21 Sep 2010

The defendant sought leave to appeal against his conviction for murder. An earlier application had been refused in part. The court now gave its reasons for refusing leave as to the adducing of additional evidence.

Citations:

[2010] EWCA Crim 2020

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

First Appeal – Hai, Regina v CACD 6-Oct-2009
. .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 24 August 2022; Ref: scu.424115

Ahmed, Regina v: CACD 29 Jul 2010

The defendant had lodged an appeal from his conviction, but then abandoned it. He now sought to have that treated as a nullity.
Held: The application had not shown grounds which might allow the withdrawal of the abandonment, and was refused.

Citations:

[2010] EWCA Crim 1937

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Medway CACD 1976
The court had jurisdiction to give an applicant or appellant leave to withdraw a notice of abandonment of appeal or application for leave to appeal only where the notice of abandonment can be treated as a nullity.
Lawson J said: ‘The answer to . .
Cited – Regina v Offield CACD 2002
The court considered as an additional ground allowing the withdrawal of an abandonment of an appeal: ‘bad advice given by some legal advisor which has resulted in an unintended, ill considered decision to abandon the appeal’. . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 24 August 2022; Ref: scu.424111

Regina v Venna: CACD 31 Jul 1975

An assault is an act by which the defendant intentionally or recklessly causes the complainant to apprehend immediate, or to sustain, unlawful personal violence. The jury ought to be directed that the defendant cannot be guilty of an assault unless the prosecution proves that he acted with the mental element necessary to constitute his action on assault, that is that the defendant intentionally or recklessly applied force to the person of another.

Judges:

James LJ

Citations:

[1975] 3 All ER 788, [1976] 1 QB 421, [1975] EWCA Crim 4

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Scarlett CACD 18-May-1993
The force used by the defendant in self defence was justified even though there was a mistake as to the extent to which force was required. ‘If the mental element necessary to prove an assault is an intention to apply unlawful force to the victim, . .
Cited – Director of Public Prosecutions v Armstrong-Braun Admn 5-Oct-1998
A building site was subject to a requirement to move great crested newts before work could proceed. The defendant, a local councillor interfered to prevent a digger destroying the land until the newts had been moved. He appealed his conviction for . .
Cited – Regina v Kimber CACD 1983
For mens rea, it is the defendant’s belief, not the grounds on which it is based, which goes to negative the intent. The guilty state of mind was the intent to use personal violence to a woman without her consent. If the defendant did not so intend, . .
Cited – Regina v K HL 25-Jul-2001
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history . .
Cited – Regina v Spratt CACD 2-Jan-1990
The defendant fired his air gun from a window hitting a six year old girl. He admitted a section 47 assault on the basis that he had been unaware of her presence, and had given no thought to any risk.
Held: Failure to give any thought to a . .
Cited – Director of Public Prosecutions v Majewski HL 1976
The defendant took a cocktail of drink and drugs and, whilst intoxicated, assaulted pub landlord. He said that he did not know what he was doing, and had no mens rea, that self-induced intoxication could be a defence to a charge of assault, and that . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 22 August 2022; Ref: scu.249934

Regina v Spratt: CACD 2 Jan 1990

The defendant fired his air gun from a window hitting a six year old girl. He admitted a section 47 assault on the basis that he had been unaware of her presence, and had given no thought to any risk.
Held: Failure to give any thought to a risk was insufficeint to found liabiity. Even in the absence of the term ‘maliciously’, the definition of every offence against the person implied a need to prove mens rea involving either intent or recklessness. The basis of the plea did not amount to an offence.

Citations:

[1990] 1 WLR 1073, [1991] 2 All ER 210

Statutes:

Offences Against the Person Act 1861 47

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Venna CACD 31-Jul-1975
An assault is an act by which the defendant intentionally or recklessly causes the complainant to apprehend immediate, or to sustain, unlawful personal violence. The jury ought to be directed that the defendant cannot be guilty of an assault unless . .
Cited – Director of Public Prosecutions v K (a Minor) QBD 1990
The defendant a schoolboy aged 15 had spilled some acid during a chemistry lesson. He went to wash his hands, but took a test tube of acid with him. Hearing others coming and panicking, he poured it into an upturned hot air drier. He returned to . .
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 . .

Cited by:

Overruled – Regina v Savage; Director of Public Prosecutions v Parmenter HL 7-Nov-1991
The first defendant had been convicted of wounding. She had intended to throw beer over her victim, but her glass slipped from her hand, and cut the victim. The second defendant threw his three year old child in the air and caught him, not realising . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 21 August 2022; Ref: scu.182277

Director of Public Prosecutions v Armstrong-Braun: Admn 5 Oct 1998

A building site was subject to a requirement to move great crested newts before work could proceed. The defendant, a local councillor interfered to prevent a digger destroying the land until the newts had been moved. He appealed his conviction for assault, saying he had acted lawfully in attempting to prevent a crime.
Held: The test of what is reasonable force for self defence was what was objectively reasonable in the light of the actual subjective belief of the defendant as to the circumstances in which he found himself. Sedley LJ said: ‘while an act done in self defence does not lose the protection of the law because the perceived threat turns out not to have been real, what is done in answer to the perceived threat is to be judged by a judicial appraisal of its reasonableness in all the circumstances which, by definition, include the defendant’s honest belief as to the danger he is in.’

Judges:

Brooke LJ, Sedley LJ

Citations:

Times 26-Oct-1998, [1998] EWHC Admin 918

Jurisdiction:

England and Wales

Citing:

Cited – Beckford v The Queen PC 15-Jun-1987
(Jamaica) Self defence permits a defendant to use such force as is reasonable in the circumstances as he honestly believed them to be. ‘If then a genuine belief, albeit without reasonable grounds, is a defence to rape because it negatives the . .
Cited – Regina v Kimber CACD 1983
For mens rea, it is the defendant’s belief, not the grounds on which it is based, which goes to negative the intent. The guilty state of mind was the intent to use personal violence to a woman without her consent. If the defendant did not so intend, . .
Cited – Regina v Scarlett CACD 18-May-1993
The force used by the defendant in self defence was justified even though there was a mistake as to the extent to which force was required. ‘If the mental element necessary to prove an assault is an intention to apply unlawful force to the victim, . .
Cited – Regina v Williams (Gladstone) CACD 28-Nov-1983
The defendant believed that the person whom he assaulted was unlawfully assaulting a third party. That person was a police officer, who said he was arresting the other, but did not show his warrant card.
Held: The court considered the issue of . .
Cited – Regina v Venna CACD 31-Jul-1975
An assault is an act by which the defendant intentionally or recklessly causes the complainant to apprehend immediate, or to sustain, unlawful personal violence. The jury ought to be directed that the defendant cannot be guilty of an assault unless . .
Approved – Regina v Owino CACD 1996
The court considered the degree of force a defendant could use in self defence: The test of the appropriate degree of force a person was entitled to use in self-defence was not any degree of force which he believed was reasonable, however well or . .
Cited – Regina v Chisam CCA 1963
A defendant’s belief founding a plea of self defence must be both honest and reasonable. A sufficient justification was established if the accused genuinely believed on reasonable grounds that a relative or friend was in imminent danger of injury, . .

Cited by:

See Also – Regina v Flintshire County Council, Ex Parte Armstrong-Braun CA 20-Feb-2001
A local council introduced a standing order to the effect that an item could not be placed on an agenda without being seconded. In doing so it had failed entirely to consider the fundamental effect this would have on democracy. Independent members . .
See Also – Regina v Flintshire County Council ex parte Armstrong-Braun Admn 27-Jul-1999
. .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 21 August 2022; Ref: scu.79988

Regina v K: HL 25 Jul 2001

In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history showed an anomalous bringing together of different, and conflicting strands of law. The 1956 and 1960 Acts must be read together, and section 14 must be read so as to require proof of mens rea, and for its absence to be a defence.
Lord Steyn he said that it was unhelpful to ‘inquire into the history of subjective views held by individual legislators’ and that the ‘always speaking’ nature of a statute dealing with sexual offences meant that a particular provision had to be interpreted ‘in the world as it exists today, and in the light of the legal system as it exists today’.

Judges:

Bingham of Cornhill, Nicholls, Steyn, Hobhouse and Millett LL, Millet

Citations:

Times 26-Jul-2001, Gazette 06-Sep-2001, [2001] UKHL 41, [2001] 3 WLR 471, [2002] 1 AC 462

Links:

Bailii, House of Lords

Statutes:

Sexual Offences Act 1956 14, Indecency with Children Act 1960 1(1), Criminal Law Amendment Act 1922 2

Jurisdiction:

England and Wales

Citing:

Cited – B (A Minor) v Director of Public Prosecutions HL 23-Feb-2000
Prosecution to prove absence of genuine belief
To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must . .
Cited – Regina v Prince 1875
The defendant was convicted of unlawfully taking an unmarried girl under the age of 16 out the possession of her father. The defendant bona fide and on reasonable grounds believed that the girl was over 16.
Held: This provided no defence. ‘It . .
Cited – Regina v Tolson CCR 11-May-1889
Honest and Reasonable mistake – No Bigamy
The defendant appealed against her conviction for bigamy, saying that she had acted in a mistaken belief.
Held: A man commits bigamy if he goes through a marriage ceremony while his wife is alive, even though he honestly and reasonably . .
Cited – Gammon v The Attorney-General of Hong Kong PC 1984
(Hong kong) The court considered the need at common law to show mens rea. A Hong Kong Building Ordinance created offences of strict liability in pursuit of public safety which strict liability was calculated to promote.
Held: Lord Scarman . .
Cited – Sherras v De Rutzen QBD 2-May-1895
The court considered the need to establish mens rea where it was dealing with something which was one of a class of acts which ‘are not criminal in any real sense, but are acts which in the public interest are prohibited under a penalty’, and ‘There . .
Cited – Regina v Kimber CACD 1983
For mens rea, it is the defendant’s belief, not the grounds on which it is based, which goes to negative the intent. The guilty state of mind was the intent to use personal violence to a woman without her consent. If the defendant did not so intend, . .
Cited – Rex v Forde CCA 1923
A man, under the age of 23, had intercourse with a 15 year-old girl. He was charged with offences against section 5(1) of the 1885 Act and section 52 of the 1861 Act, relating to the same act of intercourse. He pleaded not guilty to the first (more . .
Cited – Sweet v Parsley HL 23-Jan-1969
Mens Rea essential element of statutory Offence
The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the . .
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 – Rex v Laws CCA 1928
The defendant had intercourse with a girl aged 15 years and 9 months. He was about a year older.
Held: He could rely on the statutory defence to a charge laid against him under section 5 of the 1885 Act, but he had pleaded guilty to a count of . .
Cited – Director of Public Prosecutions v Rogers 1953
It was not an assault on a girl, for a man to invite an eleven year old girl to touch him (in this case her father) indecently. . .
Cited – Fairclough v Whipp CCA 1951
The defendant was charged with indecent assault on a girl aged nine. At the man’s invitation the girl had committed an indecent act on the man.
Held: An invitation to another person to touch the invitor could not amount to an assault on the . .
Cited – Brend v Wood 1946
The court discussed the need to assume that conviction for an offence required proof of mens rea.
Lord Goddard CJ said: ‘It should first be observed that at common law there must always be mens rea to constitute a crime; if a person can show . .
Cited – Rex v Keech 1929
K was aged 21 when he had intercourse with a girl under the age of 16 and faced counts of unlawful carnal knowledge and indecent assault, the facts relied on in relation to both sets of counts being the same. The mother of the victim gave evidence . .
Cited – Rex v Maughan CCA 1934
The defendant was aged 22 and the child between 13 and 16. There were six counts, three of carnal knowledge, three of indecent assault, arising from the same facts. He was acquitted on the carnal knowledge counts, plainly because he made good the . .
Cited – Regina v Venna CACD 31-Jul-1975
An assault is an act by which the defendant intentionally or recklessly causes the complainant to apprehend immediate, or to sustain, unlawful personal violence. The jury ought to be directed that the defendant cannot be guilty of an assault unless . .

Cited by:

Cited – Regina v Fernandez CACD 22-May-2002
The defendant had been convicted of indecent assault upon a boy aged under 16. He appealed saying that no account had been taken of the fact that he had believed the boy to be eighteen.
Held: Following R v K, that the defendant had been . .
Cited – Regina v J HL 14-Oct-2004
The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same . .
Cited – Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002 HL 14-Oct-2004
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant?
Held: Lord Bingham of Cornhill said: . .
Cited – Regina v Kumar CACD 16-Dec-2004
The defendant appealed a conviction for buggery of a complainant under the age of 16, saying that he had a genuine belief that the boy had been of age.
Held: Buggery was not an absolute offence. The amendments to the 1956 Act did not signify . .
Cited – Konzani, Regina v CACD 17-Mar-2005
The defendant appealed conviction for inflicting grievous bodily harm on three women, by having unprotected sexual intercourse knowing that he was HIV positive, but without telling the women. Each contracted HIV. The allegation was that he had . .
Cited – Brown, Regina v (Northern Ireland) SC 26-Jun-2013
The complainaint, a 13 year old girl had first said that the defendant had had intercourse with her againt her consent. After his arrest, she accepted that this was untrue. On being recharged with unlawful intercourse, he admitted guilt believing he . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 21 August 2022; Ref: scu.88519

John Mcleod v The Attorney General New South Wales: PC 23 Jul 1891

The claimant appealed against his conviction in New South Wales for bigamy. He had married originally in New South Wales, but then a second time in Missouri in the US.
Held: The court in New South Wales did not have jurisdiction. The crime alleged occurred on the second marriage which was not within the jurisdiction of the NSW court.

Citations:

[1891] UKPC 31, [1891] AC 455

Links:

Bailii

Jurisdiction:

Australia

Crime, International

Updated: 19 August 2022; Ref: scu.417743