Citations:
[2009] EWCA Crim 2285
Links:
Jurisdiction:
England and Wales
Crime
Updated: 05 August 2022; Ref: scu.377782
[2009] EWCA Crim 2285
England and Wales
Updated: 05 August 2022; Ref: scu.377782
[2009] EWCA Crim 2194
England and Wales
Updated: 05 August 2022; Ref: scu.377768
[2009] EWCA Crim 2202
England and Wales
Updated: 05 August 2022; Ref: scu.377766
[2009] EWCA Crim 88
England and Wales
Updated: 05 August 2022; Ref: scu.377738
[2009] EWCA Crim 1915
England and Wales
Updated: 05 August 2022; Ref: scu.377751
[2009] EWCA Crim 1942
England and Wales
Updated: 05 August 2022; Ref: scu.377759
[2009] EWCA Crim 2111
England and Wales
Updated: 05 August 2022; Ref: scu.377784
Appeal by the RSPCA by way of case stated from a decision refusing to hear an information laid by the Society on the basis that it was out of time. The defendant was a horse owner accused of causing suffering in his horse.
Held: Pill LJ said: ‘There is no principle of law that knowledge in a prosecutor begins immediately any employee of that prosecutor has the relevant knowledge and Donnachie does not establish one. It is right that prosecutors are not entitled to shuffle papers between officers or sit on information so as to extend a time limit. There is, however, a degree of judgment involved in bringing a prosecution, and knowledge . . involves an opportunity for those with appropriate skills to consider whether there is sufficient information to justify a prosecution.
It is not disputed that the Society have a department making decisions as to whether to prosecute. That is separate from the role of the investigating officers who obtain information on the ground . . .It is in the public interest that prosecutions are brought only upon a consideration of the evidence by an expert mind . .’
Pill LJ, Rafferty J
[2009] EWHC 2702 (Admin)
England and Wales
Cited – Riley and Others v Crown Prosecution Service Admn 18-Oct-2016
The defendants appealed by case stated from convictions under the 2006 Act arising from the treatment of cows including at a slaughterhouse. Arguments were put that the prosecution was time barred.
Held: The court recognsed the limited role of . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 August 2022; Ref: scu.377565
[2009] EWCA Crim 2221
England and Wales
Updated: 05 August 2022; Ref: scu.377755
Two teenage girls committed perjury by failing to identify the defendant. When prosecuted they pleaded duress, on the basis that they had been warned by a group, including a man with a reputation for violence, that if they identified the defendant in court the group would get the girls and cut them up. They resolved to tell lies, and were strengthened in their resolve when they arrived at court and saw the author of the threat in the public gallery. The trial judge ruled that the threats were not sufficiently present and immediate to support the defence of duress.
Held: The Court is willing to entertain the possibility of a defence of duress even in an extreme case if it is arguable that ‘the will of the accused has been overborne by threats of death or serious personal injury so that the commission of the alleged defence was no longer [his] voluntary act’ Although the threats could not be executed in the courtroom they could be carried out in the streets of Salford that same night.
Lord Parker CJ, Widgery LJ, Cooke J
[1971] 2 QB 202, [1971] EWCA Crim 2, [1971] 2 All ER 244, [1971] 2 WLR 1047, (1971) 56 Cr App Rep 1, (1971) 135 JP 403
England and Wales
Cited – Subramaniam v Director of Public Prosecutions PC 1956
(Malaysia) The defendant sought to advance a defence of duress under a section of the Penal Code of the Federated Malay States which provided that, with certain exceptions, ‘nothing is an offence which is done by a person who is compelled to do it . .
Cited – The Coca-Cola Company and Another v Cengiz Aytacli and others ChD 30-Jan-2003
The claimant having succeeded in an action against the defendants, now sought an order for their committal for contempt, accusing them of having given false evidence, and of having failed to comply with court orders made. The defendant asserted a . .
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 – Hasan, Regina v HL 17-Mar-2005
The House was asked two questions: the meaning of ‘confession’ for the purposes of section 76(1) of the 1984 Act, and as to the defence of duress. The defendant had been involved in burglary, being told his family would be harmed if he refused. The . .
Cited – Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004) CACD 27-May-2005
Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 August 2022; Ref: scu.181187
[2010] EWCA Crim 802
England and Wales
Updated: 05 August 2022; Ref: scu.432752
[2009] EWCA Crim 2308, [2010] 2 Cr App R (S) 1
England and Wales
Updated: 05 August 2022; Ref: scu.426501
The claimant was subject to a control order under the 2005 Act. The court was asked whether it could properly continue without him having sufficient knowledge of the allegations and evidence to be able to defend himself.
Collins J
[2009] EWHC 2564 (Admin)
Prevention of Terrorism Act 2005 2(1)
England and Wales
Updated: 04 August 2022; Ref: scu.376218
[2009] EWCA Crim 1902
England and Wales
Updated: 04 August 2022; Ref: scu.375738
The claimant sought a civil recovery order against the defendant. Drug traces had been found at a property owned by him, but no prosecution followed.
Hamblen J
[2009] EWHC 2307 (QB)
England and Wales
Updated: 04 August 2022; Ref: scu.375579
[2009] EWCA Crim 1840
England and Wales
Updated: 04 August 2022; Ref: scu.375546
[2006] EWCA Crim 2643
England and Wales
Updated: 04 August 2022; Ref: scu.375569
[2009] EWCA Crim 1600
England and Wales
Updated: 04 August 2022; Ref: scu.375549
[2008] EWCA Crim 1190
England and Wales
Updated: 04 August 2022; Ref: scu.374429
[2008] EWCA Crim 1258
England and Wales
Updated: 04 August 2022; Ref: scu.374428
Lord Burns
[2015] ScotHC HCJ – 49, 2015 SCCR 219, 2015 GWD 20-336, 2015 SLT 438, 2015 SCL 588
Scotland
Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 August 2022; Ref: scu.552277
In cases of allegations of corruption, there was no need for the prosecution to show actual dishonesty. There could be no justification for making a distinction in such cases between corruption of a public or private body.
Times 27-Jun-2001
Prevention of Corruption Act 1906 1 (1)
England and Wales
Updated: 03 August 2022; Ref: scu.88474
The defence of reasonable chastisement of a child by his parent remained available despite the Human Rights Act. When directing the jury the judge must give a detailed direction requesting them to consider the nature duration and context of the act, the physical and mental consequences to the child, the age and personal characteristics of the child, and the reasons given for administering the punishment. Standards of reasonableness had changed over time, and there is no impropriety in a judge allowing for this in his directions to the jury.
Times 17-May-2001
England and Wales
Updated: 03 August 2022; Ref: scu.88488
The Act could apply to acts which were directed toward a non-stranger, such as an estranged spouse. In considering whether a ‘course of conduct’ was established, the court should consider the case law, and assess the distance between incidents. In this case, of the parties had been reconciled, and charges of assault would have been more appropriate.
Times 20-Dec-2000
Protection from Harassment Act 1997
England and Wales
Cited – Lau v Director of Public Prosecutions QBD 29-Mar-2000
Two alleged incidents might be sufficient to be seen as a course of conduct and found an allegation of harassment under the Act, but any distance in time between them might suggest that they could not be seen as one course of conduct. Here a . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 August 2022; Ref: scu.88504
[2009] EWCA Crim 2760
England and Wales
Updated: 03 August 2022; Ref: scu.426505
[2009] NICC 69
Northern Ireland
Updated: 30 July 2022; Ref: scu.403295
[2009] NICA 3
Northern Ireland
Updated: 30 July 2022; Ref: scu.373424
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 offence, and the Crown Court had acted in excess of jurisdiction.
Hooper, Etherton LJJ, Cranston J
[2009] EWCA Crim 1178
England and Wales
Applied – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2022; Ref: scu.347428
The defendant sought judicial review of the decision to charge him under the Act for being in possession of a stolen motor-cycle. He said he had been over-charged.
Held: Unlike a conviction for handling stolen goods, the offence under the 2002 Act did not require the defendant to know that the object was stolen. ‘if this case had come before me sitting in the Crown Court, I would have taken precisely that course, encouraging the Crown Prosecution Service to substitute a charge of handling stolen goods. But encouragement is where it would stop. It is ultimately a matter for them. Notwithstanding the obvious wider intention of the 2002 legislation it cannot be said that the conduct sought to be attributed to the claimant does not fall within section 329.’
[2006] EWHC 3012 (Admin)
Proceeds of Crime Act 2002 329(1)(c)
England and Wales
Cited – GH, Regina v SC 22-Apr-2015
Appeal against conviction for entering into an arrangement for the retention of criminal funds. The defendant said that at the time of the arrangement there were not yet any criminal funds in existence. A had set up websites intending to con . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2022; Ref: scu.246747
The appellants sought to challenge their convictions for cheating the Inland Revenue. They were accused of having hidden assets and income from the revenue. The appellants objected to the use at trial of material obtained in a ‘Hansard’ interview. At such interview admissions are accepted as a basis for settling civil liabiity, but expressly excluding compromise of any criminal action.
Held: The IR statement that the Code of Practice did not apply at this stage was incorrect. Plainly the officers suspected serious crime, and any practice allowing them to obtain evidence without first cautioning the defendant was wrong. However the admission of the evidence would not have had such an adverse effect on the fairness of the proceedings that the court ought not to have admitted it. The judge had adequately directed the jury as to the defendants domicile.
Mr Justice Astill Lord Justice Clarke The Common Serjeant
[2003] EWCA Crim 2256, Times 29-Aug-2003, Gazette 02-Oct-2003
Taxes Management Act 1970 105, Police and Criminal Evidence Act 1984 Code C s66
England and Wales
Cited – Regina v Barker CCA 1941
In the course of investigating the defendant for tax faud, he was interviewed by the Inland Revenue. Relying upon a standard statement by the revenue, the appellant produced two ledgers which had been fraudulently prepared in order to induce the . .
Cited – Regina v Allen HL 11-Oct-2001
The defendant appealed against a finding that he had concealed an emolument, namely accommodation. He said that, as a shadow director of the company within the extended meaning of that phrase under the Act, the deeming provisions under Income Tax . .
Cited – Saunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .
Cited – Allen v United Kingdom ECHR 10-Sep-2002
The court rejected as inadmissible an application challenging admissibility of evidence obtained from him by the Revenue either by compulsion or inducement.
Held: ‘The Court notes that in this case the applicant does not complain that the . .
Cited – Regina v Okafor CACD 10-Nov-1993
The appellant, a Nigerian national, arrived at Gatwick Airport from Nigeria with a single item of luggage, namely a suit carrier. He was asked a number of questions, in particular whether he had packed the luggage himself and whether everything in . .
Cited – Regina v Absolam CACD 1990
A was arrested. He was already on bail for possession of cannabis, and in the hope finding further evidence he was asked to empty his pockets, ‘and put the drugs on the table’ he did so and admitted selling drugs.
Held: The procedure should . .
Cited – Regina v Grannell CACD 1990
The complainat had seen the burglar/defendant, noted his car number and later identified the car to the police. He identified the defendant from a group identification, but the codes of practice were not followed.
Held: Though the Codes had . .
Cited – Regina v Delaney CACD 11-Jan-1990
Delaney was 18 and with a low IQ. On first interview for indecent assault, he denied the offence, but later came to admit it. The police admitted first minimising the seriousness of the offence, but he alleged greater pressure, resulting in a later . .
Cited – Regina v Quinn CACD 15-Mar-1994
Police must follow the published Code of Practice, when conducting identity parades, and may not substitute their own. If the evidence is allowed in despite the breach, the judge should explain the significance of the breach to the jury, as it may . .
Cited – Han and Yau t/a Murdishaw Supper Bar, and Others v Commissioners of Customs and Excise CA 3-Jul-2001
The applicant claimed that proceedings under which he had been accused of fraud in dishonestly evading VAT liability were in reality criminal proceedings and that the minimum standards of a fair trial applied.
Held: The characterisation under . .
Cited – Henderson v Henderson 1967
The court considered what was required to establish a domicile at law: ‘First, clear evidence is required to establish a change of domicile. In particular, to displace the domicile of origin in favour of the domicile of choice, the standard of proof . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.184914
Deportation – Appellant’s Application for An Absolute and Irrevocable Confidentiality Order – Refused
Irwin J
[2014] UKSIAC 98/2010)
England and Wales
Updated: 28 July 2022; Ref: scu.522153
[2009] EWCA Crim 1087
England and Wales
Updated: 28 July 2022; Ref: scu.347427
[2009] EWCA Crim 1239
England and Wales
Updated: 28 July 2022; Ref: scu.347224
Lord Wheatley set out the test for admission of skilled evidence: ‘[The subject-matter under discussion must be necessary for the proper resolution of the dispute, and be such that a judge or jury without instruction or advice in the particular area of knowledge or experience would be unable to reach a sound conclusion without the help of a witness who had such specialised knowledge or experience.’
Lord Wheatley, Lady Paton, Lord Reed
[2009] ScotHC HCJAC – 58, 2009 JC 336, 2009 GWD 24-385, 2009 SCL 1047, 2009 SCCR 666
Scotland
Updated: 28 July 2022; Ref: scu.347128
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B was over the age of 16, if the police had previously charged A with a ‘relevant sexual offence’.
Held: ‘section 39(2)(a)(i) of the 2009 Act is incompatible with Convention rights in its application to the appellant because it interferes disproportionately with his article 8 right ‘
The impugned provision was not within the ambit of article 6, which guarantees that a trial will be procedurally fair. The impugned provision did not, as the appellant’s counsel asserts, create an irrebuttable presumption that the appellant did not have a reasonable belief as to the age of the girl with whom he had sexual intercourse, thereby overriding the presumption of innocence in breach of article 6(2) of the ECHR which provides: ‘Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.’
Instead, the impugned provision, when applicable, makes the offences under sections 28 and 30 strict liability offences by treating as irrelevant the accused person’s state of knowledge of the victim’s age. The creation of what amounts to a strict liability offence in relation to the victim’s age in such circumstances does not violate article 6(2) of the ECHR, which is concerned with procedural guarantees and not with the substantive elements of a criminal offence
‘the use of the prior charges in this case to exclude the reasonable belief defence amounts to a disproportionate interference with the appellant’s article 8 right because the prior charges did not give the official warning or official notice, which is the only rationale of the impugned provision which the Lord Advocate seeks to defend. ‘
Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes, Lord Hodge
[2017] UKSC 25, 2017 SLT 401, 2017 SCL 434, 2017 GWD 12-178, UKSC 2016/0083
Bailii, Bailii Summary, SC, SC Summary, SC Summary Video
Criminal Procedure (Scotland) Act 1995, European Convention on Human Rights, Scotland Act 1998 29, Sexual Offences (Scotland) Act 2009 39
Scotland
Cited – Regina v Rider 1954
The expression ‘charge’ is usually used to describe a formal accusation that a person has committed a criminal offence.
Stratfield J said: ‘there is another principle that one ought to apply, namely, that section . . exists for the purpose of . .
Appeal from – AB v Her Majesty’s Advocate HCJ 26-Feb-2016
The defendant appealed his conviction for having sexual relations with a child under 16 saying that the legislation denied his right of consideration that he genuinely believed that she was 16 years old.
Held: The court rejected the . .
Cited – Salabiaku v France ECHR 7-Oct-1988
A Zairese national living in Paris, went to the airport to collect, as he said, a parcel of foodstuffs sent from Africa. He could not find this, but was shown a locked trunk, which he was advised to leave alone. He however took possession of it, . .
Cited – Regina v G (Secretary of State for the Home Department intervening) HL 18-Jun-2008
The defendant was fifteen. He was convicted of statutory rape of a 13 year old girl, believing her to be 15. He appealed saying that as an offence of strict liability he had been denied a right to a fair trial, and also that the offence charged was . .
Cited – Marper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
Cited – Leander v Sweden ECHR 26-Mar-1987
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander . .
Cited – Amann v Switzerland ECHR 16-Feb-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 with regard to interception of telephone call; Violation of Art. 8 with regard to creation and storing of information card; Preliminary objection . .
Cited – Rotaru v Romania ECHR 4-May-2000
Grand Chamber – The applicant, a lawyer, complained of a violation of his right to respect for his private life on account of the use against him by the Romanian Intelligence Service of a file which contained information about his conviction for . .
Cited – S v The United Kingdom; Marper v The United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The court commented that ‘in determining whether the personal information retained by the authorities involves any of the private-life aspects mentioned above, the court will have due regard to the specific context in which the . .
Cited – Bouchacourt v France ECHR 17-Dec-2009
The applicant had been sentenced to ten years’ imprisonment for rape and sexual assault on minors. His name had been placed automatically on a Register of Sexual and Violent Offenders, and had had to confirm his address every year and to give notice . .
Cited – MM v The United Kingdom ECHR 13-Nov-2012
ECHR The applicant complained about the retention and disclosure in the context of a criminal record check of data concerning a caution she received from the police. he applicant, who lived in Northern Ireland, . .
Cited – G v The United Kingdom ECHR 30-Aug-2011
The appellant aged 15, had sexual intercourse with a girl aged 12. He pleaded guilty to a charge of rape of a child under 13, contrary to section 5 of the 2003 Act, on the written basis that the intercourse was consensual in fact (although by reason . .
Cited – T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
Cited – Animal Defenders International v The United Kingdom ECHR 22-Apr-2013
ECHR (Grand Chamber) Article 10-1
Freedom of expression
Refusal of permission for non-governmental organisation to place television advert owing to statutory prohibition of political advertising: no . .
Cited – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 July 2022; Ref: scu.581351
[2009] EWCA Crim 945
England and Wales
Updated: 26 July 2022; Ref: scu.346836
[2009] ScotHC HCJAC – 45
Scotland
Updated: 26 July 2022; Ref: scu.346258
[2007] EWCA Crim 2257
England and Wales
Updated: 26 July 2022; Ref: scu.346288
[2003] EWCA Crim 3649
England and Wales
Updated: 26 July 2022; Ref: scu.346301
[2009] EWCA Crim 880
England and Wales
Updated: 26 July 2022; Ref: scu.346310
[2009] ScotHC HCJAC – 43
Scotland
Updated: 26 July 2022; Ref: scu.346252
[2009] ScotHC HCJAC – 47
Updated: 26 July 2022; Ref: scu.346256
[2009] EWCA Crim 956
England and Wales
Updated: 26 July 2022; Ref: scu.346220
Claim for judicial review of a decision of the Crown Prosecution Service to continue with a prosecution of the claimant for an offence under Section 5 of the Sexual Offences Act 2003.
Latham LJ, Sullivan J
[2008] EWHC 2976 (Admin)
England and Wales
Updated: 26 July 2022; Ref: scu.280032
[2016] ScotHC HCJAC – 104
Scotland
Updated: 25 July 2022; Ref: scu.577914
[2008] EWCA Crim 240
England and Wales
Updated: 24 July 2022; Ref: scu.343001
[2008] EWCA Crim 2589
England and Wales
Updated: 24 July 2022; Ref: scu.343044
[2008] EWCA Crim 667
England and Wales
Updated: 24 July 2022; Ref: scu.343009
[2005] EWCA Crim 887
England and Wales
Updated: 24 July 2022; Ref: scu.342967
[2008] EWCA Crim 1214
England and Wales
Updated: 24 July 2022; Ref: scu.341693
[2008] EWCA Crim 1662
England and Wales
Updated: 24 July 2022; Ref: scu.341695
[2008] EWCA Crim 1212
England and Wales
Updated: 24 July 2022; Ref: scu.341696
[2008] EWCA Crim 1195
England and Wales
Updated: 24 July 2022; Ref: scu.341694
[2008] EWCA Crim 1501
England and Wales
Updated: 24 July 2022; Ref: scu.341691
[2008] EWCA Crim 1119
England and Wales
Updated: 24 July 2022; Ref: scu.341689
[2008] EWCA Crim 1203
England and Wales
Updated: 24 July 2022; Ref: scu.341688
[2008] EWCA Crim 1194
England and Wales
Updated: 24 July 2022; Ref: scu.341690
[2009] EWCA Crim 498
England and Wales
Updated: 24 July 2022; Ref: scu.341580
[2009] EWCA Crim 43
England and Wales
Updated: 24 July 2022; Ref: scu.341574
[2001] EWCA Crim 1251
England and Wales
Updated: 24 July 2022; Ref: scu.341542
[2009] EWCA Crim 511
England and Wales
Updated: 23 July 2022; Ref: scu.324717
[2009] EWCA Crim 470
England and Wales
Updated: 23 July 2022; Ref: scu.322741
Appeal from conviction for one sexual assault in a child.
Held: The appeal suceeded. The complainant had been young, and there had been too long a delay before the trial, and her examination had been leading.
Richards LJm Christopher Clarke J, Sir Peter Cresssell
[2009] EWCA Crim 365
England and Wales
Updated: 23 July 2022; Ref: scu.317860
The judge had upheld a half time submission where there was strong evidence that a drunk 16-year old had consented to intercourse.
Held: The issue ought to have been left to the jury. Hallett LJ observed that questions of capacity and consent should normally be left to the jury. It is only in the clearest of cases that a judge is entitled to conclude that there is no evidence on which the jury could properly convict in a case of this kind and accede to a submission of no case.
Hallett LJ, Butterfield, Wilkie JJ
[2007] EWCA Crim 2056
England and Wales
Cited – Regina v Robinson CACD 23-Mar-2011
Earlier Acquittal not for mention on retrial
The defendant appealed against several convictions for serious ‘historic’ sex abuse. He said that there was insufficient evidence before the court to decide that the complainant had been under 14 at the time, and that any consent was vitiated. He . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 July 2022; Ref: scu.314318
[2009] EWCA Crim 107
England and Wales
Updated: 23 July 2022; Ref: scu.311786
[2009] ScotHC HCJAC – 16
Updated: 23 July 2022; Ref: scu.304577
[2009] ScotHC HCJAC – 19
Scotland
Updated: 23 July 2022; Ref: scu.304581
[2008] EWCA Crim 2950
England and Wales
Updated: 23 July 2022; Ref: scu.291881
[2008] EWCA Crim 3004
England and Wales
Updated: 23 July 2022; Ref: scu.291880
[2008] EWCA Crim 3208
England and Wales
Updated: 23 July 2022; Ref: scu.291884
[2008] EWCA Crim 1283
England and Wales
Updated: 23 July 2022; Ref: scu.291876
[2009] EWCA Crim 72
England and Wales
Updated: 23 July 2022; Ref: scu.291780
A control order under the 2005 Act could not include a right for officers to conduct a personal search. However a 16-hour per day curfew together with a relocation from Derby to Chesterfield and which presented no difficulties for family visits was upheld.
Collins J
[2009] EWHC 142 (Admin)
Prevention of Terrorism Act 2005
England and Wales
Appeal from – Secretary of State for the Home Department v GG CA 23-Jul-2009
The defendant challenged the inclusion in a control order of an order to submit to personal searches. The Secretary of State appealed against a refusal of the order to ermit the searches.
Held: The appeal failed. Such orders were made solely . .
Cited – Secretary of State for The Home Department v AP SC 16-Jun-2010
The claimant challenged the terms of the control order made against him under the 2005 Act saying that it was too restrictive. Though his family was in London, the control order confined him to a house many miles away for 16 hours a day.
Held: . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 July 2022; Ref: scu.282628
[2008] EWCA Crim 953
England and Wales
Updated: 22 July 2022; Ref: scu.280026
[2008] EWCA Crim 2748
England and Wales
Updated: 22 July 2022; Ref: scu.280028
[2009] ScotHC HCJAC – 1
Scotland
Updated: 22 July 2022; Ref: scu.279934
Appeal against conviction – self defence
Maurice Kay LJ, McKinnon, Langstaff JJ
[2006] EWCA Crim 694, 170 JP 517
Offences Against the Person Act 1861 20
England and Wales
Updated: 21 July 2022; Ref: scu.243030
[2009] EWCA Crim 671
England and Wales
Updated: 21 July 2022; Ref: scu.341573
[2009] EWCA Crim 1967, [2010] 1 Cr App R (S) 92
England and Wales
Updated: 21 July 2022; Ref: scu.426500
(Crown Court, Bristol) A decree nisi effectively terminated a marriage and revoked the wife’s implied consent to marital intercourse, so that subsequent intercourse by the husband without her consent constituted rape.
Park J
[1974] 3 All ER 663
England and Wales
Cited – Regina v R HL 23-Oct-1991
H has no right to sexual intercourse with W – rape
The defendant appealed against his conviction for having raped his wife, saying that intercourse with his wife was necessarily lawful, and therefore outside the statutory definition of rape. Due to the matrimonial difficulties, the wife had left . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.194945
It was wrong to try to import into cases of offering to supply controlled drugs, issues which were properly questions of the law of contract. Drugs had been offered for sale and accepted, and the defendant argued that applying the law of contract, the court would conclude that there was no continuing offer capable of founding a charge at a later date. It was held that such considerations were wrongly introduced in such cases.
Times 05-Apr-2000
England and Wales
Updated: 21 July 2022; Ref: scu.85224
Lord Justice Hooper
Mr Justice Saunders
And
Mr Justice Stadlen
[2010] EWCA Crim 1
England and Wales
Updated: 21 July 2022; Ref: scu.395050
Appeal from sentence of 21 months for breach of harassment court order.
Lord Justice Laws
Mr Justice Jack
Sir Charles Gray
[2008] EWCA Crim 2276, [2009] 1 Cr App R (S) 94
England and Wales
Updated: 21 July 2022; Ref: scu.396435
[1970] ScotHC HCJ – 1
Scotland
Updated: 21 July 2022; Ref: scu.279189
[1992] ScotHC HCJ – 1
Cited – Young v McGlennan 1991
An assault may be committed if an accused has acted deliberately when he has carried out an attack upon another. . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.279216
Lord Justice-General Emslie
[1982] ScotHC HCJAC – 2, 1982 SCCR 205, 1983 SLT 9, 1982 JC 94
Scotland
Cited – Bewley v Regina CACD 6-Jul-2012
The defendant appealed against his conviction for possession of a firearm. The crown had been able to make it discharge a pellet only by taking elaborate preparatory steps. ‘There being no dispute but that the starting pistol was a lethal-barrelled . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.279204
[2004] ScotHC HCJ – 70, 2004 JC 81, 2004 GWD 11-254, 2004 SCCR 214, 2004 SLT 697
Scotland
Updated: 21 July 2022; Ref: scu.279237
[2008] ScotHC HCJAC – 74
Scotland
Updated: 21 July 2022; Ref: scu.279151
[2008] ScotHC HCJAC – 73
Updated: 21 July 2022; Ref: scu.279150
[1948] ScotHC HCJAC – 1
Updated: 21 July 2022; Ref: scu.279176
[1980] ScotHC HCJAC – 4
Updated: 21 July 2022; Ref: scu.279199
Mitting J
[2008] EWHC 3164 (Admin)
Prevention of Terrorism Act 2005
England and Wales
See Also – AR v Secretary of State for the Home Department Admn 15-Jul-2009
The claimant appealed against the refusal of the Home Secretary to vary the control order made against him under the 2005 Act.
Held: The organisation of which the applicant was a member might soon enter into a settlement with the Libyan . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.278994
[2007] EWCA Crim 3312
England and Wales
Updated: 21 July 2022; Ref: scu.278928
[2007] EWCA Crim 2170
England and Wales
Updated: 21 July 2022; Ref: scu.278914
[2008] EWCA Crim 2955
England and Wales
Updated: 21 July 2022; Ref: scu.278960