Tag: Crime

Ahmed v Regina: CACD 3 Feb 2011

Application for leave to appeal against a sentence of 18 months imprisonment for possession of cannabis with intent to supply.

Citations:

[2011] EWCA Crim 77

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 06 July 2022; Ref: scu.428419

H, Regina v: CACD 25 Apr 2006

The defendant youth appealed his conviction and sentence for rape by oral penetration of a six or seven year old boy. He complained that the evidence contained such inconsistences that the case should not have proceeded. Complaint was also made that the court setting had been inappropriate for a thirteen year old witness.
Held: The evidence as to its essentials was not so inconsistent as to require the judge to intervene. As to the difficulties with the court ‘Such difficulties do not override the demands of the Convention, which does not settle for an inadequate best effort’ but there was no evidence that this defendant had been so overwhelmed as not to be able to take part in the trial. The appeal was dismissed.

Citations:

[2006] EWCA Crim 853

Links:

Bailii

Statutes:

Sexual Offences Act 2003 1, Criminal Procedure (Attendance of Witnesses) Act 1965 2, Powers of Criminal Courts (Sentencing) Act 2000 91

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Ptohopoulos CACD 1968
The judge withdrew from the jury the central issue whether the appellant was habitually in the company of a prostitute. . .
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Cited – Regina v Shippey and Jedynak 1988
The defendants were tried for rape. The defence pleaded no case to answer saying that the complainant’s evidence was weak uncorroborated and inconsistent.
Held: The judge should assess the evidence and if the evidence of the witness upon whom . .
Cited – Regina v Gallo 2005
The court considered when the inconsistenceis in a prosecution became such as to require the judge to intervene in what was otherwise a jury question.
Held: In exceptional cases ‘where the inconsistencies (whether in the witness’s evidence . .
Cited – V v The United Kingdom; T v The United Kingdom ECHR 16-Dec-1999
The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the . .
Cited – Regina v Wren CACD 13-Jul-1993
The defendant was accused of indecent assault. He said that the complainant had consented.
Held: It was necessary for the jury to consider whether the appellant might honestly have believed that the complainant was consenting because that was . .
Cited – D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court HL 27-Jan-2005
The defendant challenged the obligatory requirement that evidence given by a person under 17 in sex or violent offence cases must normally be given by video link.
Held: The purpose of the section was to improve the quality of the evidence . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 July 2022; Ref: scu.241313

Regina v Smith, Regina v Jayson: CACD 7 Mar 2002

The defendants were convicted of making indecent quasi-photographs of children under the Act. They had received e-mails, and opened the images in attachments to those e-mails. They appealed saying that the opening of the attachment was not sufficient to constitute the act of making an image.
Held: Applying Bowden and Atkins, the deliberate opening of the attachment or the downloading of an image from a web page did create a new image, thereby proliferating the distribution of such images. The defendants were properly convicted. The core test was whether the act of making an image should deliberate, and in the knowledge that the image was, or was likely to be, an indecent photograph or pseudo-photograph of a child.

Judges:

Lord Justice Dyson, Mr Justice Johnson and Judge Sir Rhys Davies, QC

Citations:

Times 07-Mar-2002

Statutes:

Protection of Children Act 1978 1(1)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Bowden CACD 10-Nov-1999
The defendant downloaded indecent images of children onto his computer, and printed them out. He was convicted of making new images by virtue of creating copies on his disc by downloading, by displaying them on his screen, and by printing them out. . .
Cited – Atkins v Director of Public Prosecutions; Goodland v Director of Public Prosecutions Admn 8-Mar-2000
For possession of an indecent image of a child to be proved, it was necessary to establish some knowledge of its existence. Images stored without the defendant’s knowledge by browser software in a hidden cache, of which he was also unaware, were not . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 July 2022; Ref: scu.170070

Regina v Wilson: CACD 5 Mar 1996

The appellant was convicted of an offence under s.47. He had, with his wife’s consent, branded his initials onto her buttocks with a hot knife.
Held: Consensual activity within a marriage was capable of being a matter for criminal prosecution. The appeal succeeded: ‘There was no aggressive intent on the part of the appellant. On the contrary, far from wishing to cause injury to his wife, the appellant’s desire was to assist her in what she regarded as the acquisition of a desirable piece of personal adornment, perhaps in this day and age no less understandable than the piercing of nostrils or even tongues for the purposes of inserting decorative jewellery. In our judgment, Brown is not authority for the proposition that consent is no defence to a charge under section 47 of the Act of 1861, in all circumstances where actual bodily harm is deliberately inflicted. It is to be observed that the question certified for their Lordships in Brown related only to a ‘sadomasochistic encounter’. However, their Lordships recognised in the course of their speeches, that it is necessary that there must be exceptions to what is no more than a general proposition. The speeches of Lord Templeman, Lord Jauncey, and the dissenting speech of Lord Slynn all refer to tattooing as being an activity which, if carried out with the consent of an adult, does not involve an offence under s. 47, albeit that actual bodily harm is deliberately inflicted. For our part we cannot detect any logical difference between what the appellant did and what he might have done in the way of tattooing. The latter activity apparently requires no state authorisation, and the appellant was as free to engage in it as anyone else. We do not think we are entitled to assume that the method adopted by the appellant and his wife was any more dangerous or painful than tattooing. There was simply no evidence to assist the court on this aspect of the matter.’

Citations:

Times 05-Mar-1996, [1996] 2 Crim App R 241

Statutes:

Offences against the Person Act 1861 47

Jurisdiction:

England and Wales

Cited by:

Cited – Meachen, Regina v CACD 20-Oct-2006
The appellant appealed his conviction for anal rape. He said the incident had been consensual. He had administered a date rape drug. He said again that this had been consensual. The prosecution alleged that the injuries left were inconsistent with . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 July 2022; Ref: scu.88329

G and R v Secretary of State for the Home Department: CACD 12 Apr 2006

The defendants appealed their convictions for rape of a girl under 13.
Held: The appeals were dismissed, but the sentences were reduced to conditional discharges.

Judges:

Lord Phillips CJ

Citations:

[2006] EWCA Crim 821, [2006] 1 WLR 2052

Links:

Bailii

Statutes:

Sexual Offences Act 2003 5

Jurisdiction:

England and Wales

Cited by:

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

Crime

Updated: 05 July 2022; Ref: scu.240434

Hendy, Regina v: CACD 12 Apr 2006

The applicant was sentenced to life imprisonment in 1992 for a brutal murder. He had pleaded diminished responsibility. There were now no papers from the trial. Medical evidence now suggested that at the time of the trial he would have suffered a personality disorder and depression.
Held: If this evidence were called at a trial of the appellant it might reasonably have affected the decision of the jury. In the circumstances this evidence provides another reason for concluding that the verdict of the jury was unsafe. The court imposed a substituted conviction of manslaughter and an order under the Mental Health Act for his continued detention.

Judges:

Lord Justice Gage Mr Justice Forbes Dame Heather Steel DBE

Citations:

[2006] EWCA Crim 819

Links:

Bailii

Statutes:

Criminal Appeals Act 1968

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Dietschmann HL 27-Feb-2003
Voluntary drunkenness No Diminished Responsibility
The defendant had been convicted of murder. At the time of the assault, he was both intoxicated to the point of losing his inhibitions and was also suffering an abnormality of mind sufficient substantially to reduce his mental responsibility.
Cited – Regina v Derek William Bentley (Deceased) CACD 30-Jul-1998
The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. . .
Cited – Regina v Andrews CACD 15-Oct-2003
The defendant sought leave to appeal her conviction for murder saying that a finding of manslaughter was appropriate for her diminished responsibility.
Held: There was insufficient evidence to establish that the judge’s directions on the . .
Cited – Regina v Gittens CACD 1984
Lord Lane set out the directions to be given to a jury on the defence of diminished responsibility: ‘Where a defendant suffers from an abnormality of mind arising from arrested or retarded development or inherent causes or induced by disease or . .
Cited – Regina v Gilbert CACD 2003
The court reviewed a number of authorities which deal with the correct approach by the court when asked to receive evidence pursuant to section 23. . .
Cited – Regina v Egan CACD 1992
The court considered the appropriate directions to a jury in diminished responsibility defence to murder charge.
Watkins LJ said: ‘In R v Lloyd . . directions as to the word ‘substantial’, to the effect that (1) the jury should approach the . .
Cited – Regina v Atkinson 1-Mar-1985
Jury Directions in diminished responsibility case. . .
Cited – Kelvin Dial (otherwise called Peter), Andrew Dottin (otherwise called Maxwell) v The State PC 14-Feb-2005
(Trinidad and Tobago) Two defendants appealed against their convictions for murder. The principal witness who had identified them, had retracted his evidence, but the retraction had not been believed. He was then shown to have lied.
Held: The . .
Cited – Regina v Pendleton HL 13-Dec-2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal.
Held: . .
Cited – Regina v Hakala CACD 2002
The court discussed the correct approach of the Court of Appeal to new evidence on appeal: ‘However the safety of the appellant’s conviction is examined, the essential question, and ultimately the only question for this Court, is whether, in the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 05 July 2022; Ref: scu.240367

Regina v Makuwa: CACD 23 Feb 2006

The defendant appealed her conviction for using a false instrument (a passport) intending someone else to accept it as genuine.
Held: Once she had brought forward sufficient evidence to support a claim to asylum status, it was then for the prosecution to prove that she was not a refugee. The remaining elements of the defence were still for the defendant to establish. In this case the conviction was unsafe.

Judges:

Mr Justice Lloyd Lord Justice Moore-Bick His Honour Judge Findlay Baker QC

Citations:

[2006] EWCA Crim 175, Times 28-Apr-2006

Links:

Bailii

Statutes:

Forgery and Counterfeiting Act 1981 3, Immigration and Asylum Act 1999 31

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore HL 1971
Test for police protection need
The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2.
Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s . .
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 Secretary of State for the Home Department ex parte Bugdaycay HL 19-Feb-1986
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without . .
Cited – Regina v Johnstone HL 22-May-2003
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act . .
Cited – Regina v Home Secretary, ex parte Sivakumaran HL 16-Dec-1987
The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the . .
Cited – Regina v Uxbridge Magistrates and Another ex parte Adimi; R v CPS ex parte Sorani; R v SSHD and Another ex parte Kaziu Admn 29-Jul-1999
The three asylum seeker appellants arrived in the United Kingdom at different times in possession of false passports. They were prosecuted for possession or use of false documents contrary to section 5, and for obtaining air services by deception . .
Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
Cited – Regina v Fraydon Navabi; Senait Tekie Embaye CACD 11-Nov-2005
The defendants had been convicted of not having an immigration document when presenting themselves for interview. They had handed their passports to the ‘agents’ who had assisted their entry.
Held: The jury should have been directed as to the . .
Cited – Regina v Sectretary of State for the Home Department ex parte Razgar etc HL 17-Jun-2004
The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was . .

Cited by:

Cited – Evans, Regina v CACD 23-Jan-2013
The defendant appealed against his conviction in a case concerning the use of a false passport. The central issue was whether the appellant had a defence based upon the proposition that he was a refugee entitled to asylum in this country. He had . .
Lists of cited by and citing cases may be incomplete.

Crime, Immigration

Updated: 05 July 2022; Ref: scu.239866

Kearney v Her Majesty’s Advocate: PC 6 Feb 2006

(High Court of Justiciary Scotland) The Board considered the assessment of the independence of a judge.
Held: Lord Carswell said that independence has a separate significance, apart from ensuring impartiality between the parties to the cause, for it is also required to protect the judge from dependence upon, and against interference by, the Executive, whether the latter is a party to the litigation or not.

Judges:

Lord Bingham of Cornhill, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2006] UKPC D1, [2006] HRLR 15, 2006 GWD 15-284, 20 BHRC 157, 2006 SLT 499, 2006 SCCR 130

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Misick and Others v The Queen PC 25-Jun-2015
Turks and Caicos – The appellants, a former Chief Minister and others, faced a trial on charges of corruption. They objected that the Justice set to hear the case had insufficient security of tenure to guarantee independence, and that the same judge . .
Lists of cited by and citing cases may be incomplete.

Crime, Natural Justice, Human Rights

Updated: 05 July 2022; Ref: scu.238742

D Ltd v A and Others: CACD 28 Jul 2017

The complainant had had issued a summons against the defendants alleging fraud. They in turn applied for the summonses to be set aside on the ground of abuse. That having been granted, the complainant sought to have the terminating ruling set aside.

Citations:

[2017] EWCA Crim 1172

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Ball v Johnson 29-May-2019
Summons granted for political lies allegation
(Westminster Magistrates Court) The court gave its reasons for acceding to a request for the issue of a summons requiring the defendant to answer a charge for three offences alleging misconduct in a public office.
Held: There was prima facie . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 July 2022; Ref: scu.621118

Zaman, Regina v: CACD 8 Nov 2017

The court considered what was required to be established for the offence of gross negligence manslaughter: ‘The prosecution has to prove the following elements.
(i) In accordance with the ordinary principles of negligence, the defendant owed the deceased a duty of care.
(ii) The defendant was in breach of that duty of care.
(iii) A reasonably prudent person would have foreseen that the defendant’s actions or omissions constituting the breach of duty had exposed the deceased to an ‘obvious and serious’ risk of death. The court in Misra and Srivastava [2004] EWCA Crim 2375; [2005] 1 Cr Ap R 21 and Yaqoob [2005] EWCA Crim 2169 confirmed that the relevant risk to be reasonably foreseen is nothing less than the risk of death.
(iv) The breach of duty either caused, or made a significant contribution (i.e. a contribution that was more than negligible) to, the deceased’s death.
(v) The departure of the defendant’s conduct from the proper standard of care incumbent upon him, involving as it must have done the risk of death, was such that the breach of duty can properly be characterised as gross negligence and therefore criminal.’

Judges:

Hickinbottom LJ, Openshaw J, Topolski QC HHJ

Citations:

[2017] EWCA Crim 1783

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Kuddus v Regina CACD 16-May-2019
The defendant appealed his conviction for gross negligence manslaughter. He ran a takeaway food business. A meal was ordered by the victim through a third party website, adding that she suffered mild allergies. There was no evidence that the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 July 2022; Ref: scu.598729

Rose v Regina: CACD 31 Jul 2017

The court was asked ‘In assessing reasonable foreseeability of serious and obvious risk of death in cases of gross negligence manslaughter, is it appropriate to take into account what a reasonable person in the position of the defendant would have known but for his or her breach of duty?’ The appellant, a registered optometrist, had examined a boy who, five months later died suddenly of hydrocephalus. It was said that she should have identified this. Held; The appeal succeeded: ‘ The inherently objective nature of the test of reasonable foreseeability does not turn it from a prospective into a retrospective test. The question of available knowledge and risk is always to be judged objectively and prospectively as at the moment of breach, not but for the breach. The question of reasonable foreseeability is evident from the words used, i.e. what is reasonably fore-seeable at the time of the breach (a prospective view). It is not what would, could or should have been known but for the breach of the identified duty of care, i.e. if the breach had not been committed (a retrospective view).’
‘ In the circumstances, the relevant principles in relation to the cases of gross negligence manslaughter can be summarised as follows:
(1) The offence of gross negligence manslaughter requires breach of an existing duty of care which it is reasonably foreseeable gives rise to a serious and obvious risk of death and does, in fact, cause death in circumstances where, having regard to the risk of death, the conduct of the defendant was so bad in all the circumstances as to go beyond the requirement of compensation but to amount to criminal act or omission.
(2) There are, therefore, five elements which the prosecution must prove in order for a person to be guilty of an offence of manslaughter by gross negligence:
(a) the defendant owed an existing duty of care to the victim;
(b) the defendant negligently breached that duty of care;
(c) it was reasonably foreseeable that the breach of that duty gave rise to a serious and obvious risk of death;
(d) the breach of that duty caused the death of the victim;
(e) the circumstances of the breach were truly exceptionally bad and so reprehensible as to justify the conclusion that it amounted to gross negligence and required criminal sanction.
(3) The question of whether there is a serious and obvious risk of death must exist at, and is to be assessed with respect to, knowledge at the time of the breach of duty.
(4) A recognisable risk of something serious is not the same as a recognisable risk of death.
(5) A mere possibility that an assessment might reveal something life-threatening is not the same as an obvious risk of death: an obvious risk is a present risk which is clear and unambiguous, not one which might become apparent on further investigation.
A further point emerges from the above analysis of the authorities which is particularly germane to the present case: none of the authorities suggests that, in assessing either the foreseeability of risk or the grossness of the conduct in question, the court is entitled to take into account information which would, could, or should have been available to the defendant following the breach of duty in question. The test is objective and prospective.’

Judges:

Sir Brian leveson P QBD, Haddon-Cave J, Inman QC HHJ

Citations:

[2017] EWCA Crim 1168, [2017] WLR(D) 537, [2017] 3 WLR 1461

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

Cited – Kuddus v Regina CACD 16-May-2019
The defendant appealed his conviction for gross negligence manslaughter. He ran a takeaway food business. A meal was ordered by the victim through a third party website, adding that she suffered mild allergies. There was no evidence that the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 July 2022; Ref: scu.591699

PF Sugrue Ltd v The Attorney General: PC 14 Nov 2005

PC (New Zealand) The claimant’s helicopter had been seized by the police having been identified as having been used in the course of unlawful hunting of deer. The grounds for the seizure were said to be inadequate. It was disputed whether the purpose of the seizure was for forensic investigation.
Held: The Appeal court had been able to reach the decision it had done on the evidence, and had not strayed outside the limits of its powers in making the order it had. There were no grounds for reversing the finding.

Judges:

Lord Nicholls of Birkenhead, Lord Steyn, Lord Hope of Craighead, Lord Carswell, Sir Anthony Evans

Citations:

[2005] UKPC 44

Links:

Bailii, PC

Citing:

Cited – Benmax v Austin Motor Co Ltd HL 1955
Except for cases which are expressly limited to questions of law, an appellant is entitled to appeal from the Court of Session to the House against any finding, whether it be a finding of law, a finding of fact or a finding involving both law and . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime, Police

Updated: 04 July 2022; Ref: scu.235360

Prince, Regina v: CACD 17 Nov 2005

The defendant’s appeal against conviction for rape was allowed after a referral by the Criminal Caes Review Commission. The core issue in the trial had been the complainant’s credibility, having previously made a false allegation of rape against someone else. After the trial she had made an application for compensation to the Criminal Injuries Compensation Authority, but that application made allegations inconsistent with her evidence at trial.
Held: The statement significantly furter damaged the complanant’s already damaged crebility and past the point where her evidence could found a safe conviction.

Judges:

Sir Igor Judge P QBD, Elias, Ouseley JJ

Citations:

[2005] EWCA Crim 2910

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 04 July 2022; Ref: scu.235022

Timmins, Regina v: CACD 15 Nov 2005

The defendant appealed conviction for indecent assault. The charge alleged assault by intercourse per vaginam with a 13 year old girl. He had been 14 years old at the time. The verdict indicated consent by the complainant.
Held: The appeal failed. The 2003 Act was not retrospective. However: ‘to hold that the express intention of Parliament in 1967 as to alternative verdicts should be thwarted by an express intention of Parliament in 1956 concerning the commencement of proceedings for a different offence than the one the subject of the alternative verdict would be quite wrong . . . the learned trial judge was right to rule as he did. Neither the speeches in J nor the words of Schedule 10 compel a conclusion that he was not. ‘

Judges:

Keene LJ, Hallett J, Calvert-Smith J

Citations:

Times 29-Nov-2005, [2005] EWCA Crim 2909

Links:

Bailii

Statutes:

Sexual Offences Act 1956 14(1), Sexual Offences Act 2003

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Hinton CACD 1995
The defendant had pleaded guilty to indecent assault on his 15 year old stepdaughter. The reason for the charge being under section 14 was that the time limit for prosecution under section 6 had expired. The sentence exceeded the maximum for the . .
Cited – Regina v McCormack CACD 1969
The defendant was charged with unlawful sexual intercourse and it was held to have been correct to leave to the jury as an alternative verdict a verdict of indecent assault. It was held as ‘plain beyond argument’ that if a man inserted his finger . .
Cited – Regina v Hodgson CACD 1973
An alternative verdict of indecent assault is available on a charge of rape. . .
Cited – Regina v Figg CACD 2003
The defendant had been convicted of indecent assault on facts which would have led to his prosecution for unlawful sexual intercourse if the time limit for that offence had not expired. The court considered the proper basis for sentence. . .
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 – Regina v Cotton 1896
The Act provided that on a trial for rape the jury, if not satisfied that the defendant was guilty of rape but satisfied that he was guilty of having intercourse with a girl aged between 13 and 16, contrary to section 5(1) of the Act, might convict . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 July 2022; Ref: scu.234964

Rogers, Regina v: CACD 10 Nov 2005

The defendant appealed his conviction for racially aggravated abusive or insulting words or behaviour with intent to cause fear or to provoke violence. He was driving his motorised scooter and came across three Spanish women. In the course of an altercation he called them ‘bloody foreigners’ and told them to get back to their own country.
Held: His appeal failed: ‘Hostility demonstrated to foreigners because they are foreign can be just as objectionable as hostility based on a more limited racial characteristic. All who are black form a racial group, defined by reference to colour, within section 28(4), as do all who are white. This demonstrates the width of the concept of racial group in this context. It is no great extension of the concept to embrace within a single racial group all who are foreign. ‘ However: ‘The very width of the meaning of racial group for the purposes of section 28(4) gives rise to a danger that charges of aggravated offences may be brought where vulgar abuse has included racial epithets that did not, when all the relevant circumstances are considered, indicate hostility to the race in question. Section 28 is designed to address racist behaviour and prosecutors should not bring charges based on its provisions unless satisfied that the facts truly suggest that the offence charged was aggravated by racism. ‘

Judges:

Rafferty J, Mackay J

Citations:

Times 22-Nov-2005, [2005] EWCA Crim 2863

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 31(1)(a), Public Order Act 1986 4

Jurisdiction:

England and Wales

Citing:

Cited – Regina v White CACD 14-Feb-2001
The court asked whether calling a woman an ‘African bitch’ was capable in law of demonstrating hostility towards the complainant, who came from Sierra Leone, as being a member of a racial group.
Held: The meaning of ‘racial group’ was not so . .
Applied – Attorney General’s Reference (No 4 of 2004) CACD 22-Apr-2005
The defendant was accused of having racially abused the complainant by referring to him as an ‘immigrant doctor’ before the assault. The trial judge had held that the word ‘immigrant’ was so wide in its possible application as not to be capable of . .
Cited – Director of Public Prosecutions v M (A Minor) Admn 25-May-2004
There was an argument over payment for food with the Turkish chef of a takeaway kebab shop during the course of which the defendant used the words ‘bloody foreigners’ and pushed the shop window causing it to crack. The justices doubted whether the . .
Cited – Ealing London Borough Council v Race Relations Board HL 16-Dec-1971
The council operated a housing policy which required applicants for housing tbe British nationals. Mr Zesko, a Polish national, complained that this was race discrimination.
Held: The House declined to interpret ‘national origins’ in the list . .

Cited by:

Appeal from – Rogers, Regina v HL 28-Feb-2007
The House was asked whether the use of the phrases ‘bloody foreigners’ and ‘get back to your own country’ counted to make a disturbance created by the defendant a racially aggravated crime.
Held: (Baroness Hale of Richmond) ‘The mischiefs . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 04 July 2022; Ref: scu.234701

Jordan v Burgoyne: 1963

The defendant, a racist addressed a crowd containing many persons of the Jewish faith and other people of sensible but strong views saying, in the most obnoxious way, that ‘Hitler was right’, and other crazed sentiments of that kind.
Held: Although the section requires an objective standard to be met, the ethnic group in question must be taken as one finds it.

Citations:

[1963] 2 QB 744, [1963] 2 All ER 225

Statutes:

Public Order Act 1936 5

Jurisdiction:

England and Wales

Cited by:

Cited – Brutus v Cozens HL 19-Jul-1972
The House was asked whether the conduct of the defendant at a tennis match at Wimbledon amounted to using ‘insulting words or behaviour’ whereby a breach of the peace was likely to be occasioned contrary to section 5. He went onto court 2, blew a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 July 2022; Ref: scu.270832

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 violence in the presence of the officers the court was entitled to conclude from the evidence that the officer’s apprehension that further violence would ensue was justified. The arrest was lawful.

Citations:

[2005] EWHC 1389 (Admin)

Links:

Bailii

Statutes:

Police Act 1996 89(1)

Jurisdiction:

England and Wales

Citing:

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 – Foulkes v Chief Constable of Merseyside Police CA 9-Jun-1998
A man was locked out of the matrimonial home which he owned jointly with his wife, following a family dispute. The police told him, as was the fact, that his wife and children did not want him to re-enter the house and the police suggested that he . .
Cited – 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, . .
Cited – Jarrett v Chief Constable of West Midlands Police CA 14-Feb-2003
The claimant sought damages for false imprisonment and assault after her wrongful arrest. She had waived her handbag at an officer investigating a disturbance and been arrested. The police said the arrest was lawful, she being suspected of common . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 July 2022; Ref: scu.228907

R, Regina (on the Application of) v Leeds Magistrates Court and others: Admn 28 Jun 2005

A 15-year-old girl did not go to school because she was bullied there and her mother kept her away.
Held: the mother had failed to meet her duties under the Act.

Judges:

Davis J

Citations:

[2005] EWHC 1479 (Admin), [2005] ELR 589

Links:

Bailii

Statutes:

Education Act 1996 444

Jurisdiction:

England and Wales

Cited by:

Cited – Isle of Wight Council v Platt SC 6-Apr-2017
Regular school attendance is following the rules
The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ . .
Lists of cited by and citing cases may be incomplete.

Education, Crime

Updated: 01 July 2022; Ref: scu.228903

Parry v Halton Magistrates’ Court and Another: Admn 20 Jun 2005

Judges:

Field J, Rose LJ

Citations:

[2005] EWHC 1486 (Admin)

Links:

Bailii

Statutes:

Social Security Administration Act 1992 111A(1A)

Jurisdiction:

England and Wales

Cited by:

Not Approved – Mote v Regina CACD 21-Dec-2007
The defendant appealed his convictions for offences relating to the claiming of benefits, saying that he was immune from prosecution as a member of the European Parliament, and that the verdicts were inconsistent with acquittals on other charges. . .
Lists of cited by and citing cases may be incomplete.

Benefits, Crime

Updated: 01 July 2022; Ref: scu.228902

Henry, Regina v: CACD 29 Jun 2005

The defendant appealed his conviction for soliciting to murder and conspiracy to murder. An expert’s opinion now described him as of low intelligence and vulnerable to the sort of pressure of which he complained.
Held: The expert evidence had correctly been exluded: ‘An intention that someone should be killed is a visceral matter of no great complexity. In our judgment, it is not a matter which, on the authorities, lends itself to expert evidence in relation to a person such as this appellant. ‘

Citations:

[2005] EWCA Crim 1681

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Turner (Terence) CACD 1974
The defendant appealed against his conviction for murder. He admitted that he had killed his girlfriend with a hammer, but sought to bring psychiatric evidence that he was susceptible to provocation.
Held: The law jealously guards the role of . .
Cited – Regina v Silcot, Raghip and others CACD 9-Dec-1991
There can be an increased readiness of the courts to accept expert evidence as to the defendant’s mental capacity where the issue is as to the admissibility of a confession statement. . .
Cited – Regina v Coles CACD 1995
The 15 year old defendant appealed his conviction on the basis of recklessness, challenging, unsuccessfully, the rule in Caldwell.
Held: Because recklessness was to be judged by the standard of the reasonable prudent man, expert evidence of . .
Cited – Regina vMasih CACD 27-Jan-1986
The court considered the circumstances when expert evidence might be admissible as to the defendant’s ability or inability to form the mens rea: ‘Generally speaking, if a defendant is mentally defective, or otherwise comes in the last class, ’69 and . .
Cited – Lowery v The Queen PC 1974
(Victoria) A young girl was sadistically murdered. The two accused, were present and the crime was committed by one or the other, or both. Each brought evidence of the unlikelihood that he could have committed the murder. L emphasised his good . .
Cited – Regina v Randall HL 18-Dec-2003
Two defendants accused of murder each sought to place blame for the victim’s death on the other. One sought to rely upon the other’s record of violence as evidence of his co-accused’s propensity to violence.
Held: The record was admissible. By . .
Cited – Regina v Toner CACD 1991
The defendant sought to have admitted expert evidence on the possible effect of hypoglycaemia on the formation of an intention: ‘. . we do not know what, if any, effect mild hypoglycaemia can have upon a man’s ability to form an intent, and without . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 July 2022; Ref: scu.227972

Kugathas v Secretary of State for the Home Department: CA 21 Jan 2003

Sedley LJ considered the circumstances where the Secretary of state should take into account the defendant’s article 8 human rights when considering deportation after serving a sentence of imprisonment: ‘Generally, the protection of family life under Article 8 involves cohabiting dependants, such as parents and their dependant minor children. Whether it extends to other relationships depends on the circumstances of the particular case. Relationships between adults, a mother and her 33 year old son in the present case, would not necessarily acquire the protection of Article 8 of the Convention without evidence of further elements of dependency, involving more than the normal emotional ties.’ and ‘ . . neither blood ties nor the concern and affection that ordinarily go with them are, by themselves or together, in my judgment enough to constitute family life’
Arden LJ said: ‘There is no presumption that a person has a family life, even with the members of a person’s immediate family. The court has to scrutinise the relevant factors. Such factors include identifying who are the near relatives of the appellant, the nature of the links between them and the appellant, the age of the appellant, where and with whom he has resided in the past, and the forms of contact he has maintained with the other members of the family with whom he claims to have a family life.
because there is no presumption of family life, in my judgment a family life is not established between an adult child and his surviving parent or other siblings unless something more exists than normal emotional ties: See S v United Kingdom (1984) 40DR 196 and Abdulaziz, Cabales and Balkandali v the United Kingdom [1985] 7 EHRR 471. Such ties might exist if the appellant were dependant on his family or visa versa.’

Judges:

Sedley LJ, Arden LJ

Citations:

[2003] EWCA Civ 31, [2003] INLR 170, [2003] All ER (D) 144

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

Cited – Secretary of State for The Home Department v HK (Turkey) CA 27-May-2010
The SS appealed against the successful appeal by the respondent against a deportation order. He had come to England in 1994, been granted indefinite leave to stay, and made a family here. In 2007 he was convicted of grievous bodily harm.
Held: . .
Cited – NT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
Lists of cited by and citing cases may be incomplete.

Immigration, Crime, Human Rights

Updated: 01 July 2022; Ref: scu.227089