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25 Apr 2012, 2:45 am by sally
Regina v Burke (Michael) [2012] EWCA Crim 770; [2012] WLR (D) 119 “Where a defendant had been charged with an offence of voyeurism but had been found to be under a disability so that he was unfit to plead or to stand trial, the ingredients of ‘the act…charged against him as the offence’, for the purposes of section 4A(2) of the Criminal Procedure (Insanity) Act 1964, included a requirement to prove that his act had been for the purpose of sexual gratification. [read post]
4 Jun 2010, 1:51 am by sally
Regina v Miller [2010] EWCA Crim 1153; [2010] WLR (D) 142 “In criminal proceedings, the circumstances in which one party would be permitted pursuant to s 100(1) of the Criminal Justice Act 2003 to ask a witness a question in cross-examination with a view to eliciting an answer implicating that witness in bad behaviour, which behaviour that party would be otherwise unable to prove, were infrequent and limited in scope. [read post]
4 Mar 2010, 2:30 am by sally
Regina v W [2010] EWCA Crim 372; [2010] WLR (D) 61 “Where the crime of misconduct in a public office was committed in circumstances involving the acquisition of property by theft or fraud, particularly when the holder of a public office was alleged to have made improper claims for public funds in circumstances which were said to be criminal, proof that the defendant was dishonest was an essential ingredient of the offence. [read post]
7 May 2010, 2:17 am by traceydennis
Regina v Y (A) [2010] EWCA Crim 762;  [2010] WLR (D) 112 “Where a person possessed information likely to be useful to a terrorist within the meaning of s 58(1) of the Terrorism Act 2000, the fact that the possession was for the purpose of lawful self-defence which was solely defensive was capable of amounting to the statutory defence of reasonable excuse under s 58(3) of the 2000 Act, to an offence of possession under s 58(1). [read post]
16 Nov 2010, 2:04 am by sally
Regina v Inglis [2010] EWCA Crim 2637; [2010] WLR (D) 289 “When determining the minimum specified term to be served by an individual who genuinely believed that the murder she had committed constituted an act of mercy, the facts that there had been a significant degree of planning or premeditation, that the victim had been particularly vulnerable because of disability and that there had been abuse of a position of trust should not be taken to be aggravating factors. [read post]
5 Mar 2010, 2:14 am by traceydennis
Regina v NW [2010] EWCA Crim 404; [2010] WLR (D) 62 “The words ‘present together’ in the expression ‘Where three or more persons who are present together’ in s 2(1) of the Public Order Act 1986 denoted no more than that the persons concerned were in the same place at the same time. [read post]
10 May 2010, 2:57 am by michael
Regina v Neish [2010] EWCA Crim 1011; [2010] WLR (D) 116 “The process whereby a judge gave instructions to the court listing office to relist the hearing of confiscation proceedings amounted to a postponement of the proceedings by the court of its own motion and was a valid postponement for the purposes of s 14 of the Proceeds of Crime Act 2002. [read post]
4 Mar 2011, 3:41 am by traceydennis
Regina v Grout [2011] EWCA Crim 299; [2011] WLR (D) 70 “Care had to be taken when drafting a count in an indictment alleging an offence contrary to section 8(1) of the Sexual Offences Act 2003 because that section created at least two separate offences: (i) causing a child under 13 to engage in sexual activity and (ii) inciting a child under 13 to engage in a sexual activity. [read post]
20 May 2011, 2:17 am by tracey
Regina v Dobson [2011] EWCA Crim 1256;  [2011] WLR (D)  167 “Where the Court of Appeal was considering, for the purposes of quashing an acquittal, whether there was new and compelling evidence, provided the new evidence was reliable, substantial and appeared to be highly probative it would be compelling for the purposes of section 78 of the Criminal Justice Act 2003: otherwise it would not. [read post]
4 Jun 2010, 1:49 am by sally
Regina v Braithwaite [2010] EWCA Crim 1082; [2010] WLR (D) 141 “Material contained in police crime reports that unproven allegations had been made against a person who was someone other than a defendant, or that that person had been investigated in respect of an offence, would rarely be of substantial probative value to an issue at trial sufficient to render it admissible as evidence of bad character against that person pursuant to s 100(1)(b) of the Criminal Justice Act 2003. [read post]
23 May 2007, 11:38 am
REGINA LYNN HAS THOUGHTS ON sex in space. [read post]
25 Nov 2010, 2:09 am by traceydennis
Regina (Conservative and Unionist Party) v Election Commissioner [2010] EWCA Civ 1332; [2010] WLR (D) 296 “It was not open to a petitioner to an election court to seek an order for costs under s 51 of the Senior Courts Act 1981 against the respondent’s political party and its local party association who had not been parties to the petition. [read post]
16 Jul 2010, 2:20 am by traceydennis
Regina (Gaunt) v Ofcom (Liberty intervening) [2010] EWHC 1756 (Admin); [2010] WLR (D) 180 “It was not a disproportionate interference with a broadcaster’s freedom of expression, or an infringement of his rights under art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, for the regulator Ofcom to find that the Broadcasting Code had been breached by a broadcast interview containing offensive insults and abuse without contextual content or… [read post]
7 Sep 2010, 2:26 am by traceydennis
Regina (Patel) v Lord Chancellor [2010] EWHC 2220 (Admin); [2010] WLR (D) 240 “An applicant for exceptional funding by way of legal aid had to meet a high threshold to satisfy the test of ‘significant wider public interest’ in para 27.2.8 of the Legal Services Commission’s Funding Code Decision Making Guidance, subject to the latitude (or margin of discretion) accorded to the Lord Chancellor in the exercise of his judgment. [read post]
25 Nov 2011, 3:52 am by sally
Regina (Modaresi) v Secretary of State for Health and others [2011] EWCA Civ 1359; [2011] WLR (D) 340 “The 14-day period allowed to a detained mental patient to lodge an application with the Mental Health Review Tribunal as provided by section 66 of the Mental Health Act 1983 and rule 32(1) the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 was not to be considered to have expired where, though sent by fax on the last working day within… [read post]
22 Oct 2010, 3:55 am by traceydennis
Regina (King) v Secretary of State for Justice [2010] EWHC 2522 (Admin); [2010] WLR (D) 258 “The discretion of a prison governor to decide the extent of an inmate’s basic association with his fellows did not remove from association its quality as a personal right, a right which was subject to the lawful exercise of discretion by the governor. [read post]
20 Jan 2011, 1:25 am by sally
Regina (Morge) v Hampshire County Council [2011] UKSC; [2011] WLR (D) 5 “A local planning authority, when considering an application for planning permission for a development which was alleged to affect the habitat of a protected species, was entitled to place reliance on the fact that Natural England, the body responsible for enforcing the Council Directive prohibiting the disturbance of protected species, had withdrawn its initial objection to the application. [read post]
14 Nov 2008, 9:49 am
Regina v Stringfellow Court of Appeal (Criminal Division) “Where the clerk of a crown court went wrong when he was taking the vote of the jury, it was better for counsel to interrupt and ask the clerk to start again, to avoid unnecessary excursions to the Court of Appeal. [read post]
17 Nov 2009, 2:16 am
Regina v Orr Court of Appeal "A sentence which was increased after the Attorney-General made a reference, did not start to be served when the defendant presenting himself at a police station unless he was detained. [read post]