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25 Aug 2010, 2:31 am
Regina v Varsani [2010] EWCA Crim 1938; [2010] WLR (D) 237 “Where an offender was convicted of being knowingly concerned in the fraudulent evasion of duty on counterfeit cigarettes, contrary to s 170 of the Customs and Excise Management Act 1979, the reference to the retail price of cigarettes ‘of that description’ in s 5(1) of the Tobacco Products Duty Act 1979, as amended, by which the value of the duty was to be calculated, was to the retail price of genuine… [read post]
29 Jul 2010, 1:43 am
Regina v Gnango [2010] EWCA Crim 1691; [2010] WLR (D) 201 “Where a defendant voluntarily engaged in an exchange of gunfire with ‘B’ in a public place amounting to an affray, and in the course of that gunfire B shot and killed a passer-by and the defendant foresaw that in the course of that gunfire B might shoot with intent to kill or do really serious injury, if each party sought to shoot the other but not be shot himself, there was no common purpose and therefore no joint… [read post]
20 May 2010, 3:26 am
Regina v R (L) [2010] EWCA Crim 924; [2010] WLR (D) 126 “Where a defendant was charged with offences relating to indecent images of children, arrangements to provide his lawyers with copies of those images for the sole purpose of discharging their professional responsibilities to the defendant, and the acceptance by them of access to the material for that purpose, could not in any circumstances be regarded as criminal. [read post]
8 Apr 2010, 3:05 am
Regina v T (N) [2010] EWCA Crim 711; [2010] WLR (D) 93 ”The prosecution were not entitled to apply for leave to appeal against a terminating ruling made by a judge in a Crown Court on a trial on indictment, unless it had complied with the mandatory requirements of s 58(4) and (8) of the Criminal Justice Act 2003, following the making of the ruling, of informing the court that it intended to appeal or requesting an adjournment to consider such an appeal and, before or at that… [read post]
26 May 2011, 1:57 am
Regina v Redmond [2011] EWCA Crim 203; [2011] WLR (D) 174 “Although a defendant, who had pleaded guilty to being knowingly concerned in the fraudulent evasion of the duty chargeable on cigarettes, was not liable to pay the duty if he was not holding the cigarettes at the excise duty point and had not caused them to reach it, he was liable to pay VAT on the consignment. [read post]
20 May 2010, 3:20 am
Regina v W and others [2010] EWCA Crim 927; [2010] WLR (D) 125 “Where a person was accused of permitting the deposit, disposing or keeping of controlled waste, contrary to s 33 of the Control of Pollution Act 1990, the question whether the material in question amounted to ‘waste’, and if so, ‘controlled waste’, was a question of fact for the jury, as was the question of whether material which was originally waste had been acceptably recovered or disposed of in… [read post]
3 Jan 2012, 4:33 am
Regina v Barnett; [2011] EWCA Crim 2936; [2011] WLR (D) 385 “In relation to proceedings in which a defendant’s benefit from general criminal conduct was assessed the court was ‘entitled’ to make the assumptions provided for in section 10 of the Proceeds of Crime Act 2002 even if the prosecution had not given the written preliminary notice provided for in section 71(2) of the Criminal Justice Act 1988. [read post]
22 Feb 2012, 2:05 am
Regina v N(A); Regina v Le [2012] EWCA Crim 189; [2012] WLR (D) 38 “The implementation of the United Kingdom’s obligation to comply with article 26 of the Council of Europe Convention on Action Against Trafficking in Human Beings 2005 would normally be achieved by the proper exercise of the long established prosecutorial discretion which enabled the Crown Prosecution Service, however strong the evidence might be, to decide that it would be inappropriate to proceed with the… [read post]
10 Jul 2012, 2:23 am
Regina v Aldridge; Regina v Eaton [2012] EWCA Crim 1456; [2012] WLR (D) 196 “Although no provision had expressly been made for an appeal against a variation or refusal to vary a Sexual Offences Prevention Order, which was a clear legislative oversight, there was authority that a variation of such an order constituted “an order made by the court when dealing with an offender” falling within the broad context of section 50 of the Criminal Appeal Act 1968. [read post]
7 Dec 2010, 2:26 am
Regina v Webster [2010] EWCA Crim 2819; [2010] WLR (D) 216 “The reverse onus of proof which s 2 of the Prevention of Corruption Act 1916 effected on a prosecution for an offence contrary to s 1(2) of the Public Bodies Corrupt Practices Act 1889, placing on the defendant the legal burden of disproving guilt was no longer necessary and the means of imposition were unreasonable and disproportionate, and so it unjustifiably interfered with the presumption of innocence provided by art 6(2)… [read post]
18 Aug 2008, 8:41 am
R v K [2008] EWCA Crim 1900; [2008] WLR (D) 294 “A person called to the Bar who had not found a place in chambers but fell within para 206.1 of the Code of Conduct was not thereby ‘authorised’ by the Bar Council to practise as a member of the profession whose members the Bar Council regulated for purposes of s 84 of the Immigration and Asylum Act 1999; accordingly he was apt to be prosecuted for providing immigration advice or immigration services contrary to… [read post]
28 Jun 2010, 2:25 am
Regina v Lee [2010] EWCA Crim 1404; [2010] WLR (D) 160 “The offence under s 85(5)(b) of the Medicines Act 1968 of selling or supplying a medicinal product which was misleadingly labelled or marked in respect of the nature or quality of the product, where such sale or supply was done by a person ‘in the course of a business carried on by him’, could not be committed by a person who was merely employed or engaged by the business which carried out the sale or supply, but was… [read post]
15 Nov 2006, 4:23 pm
Steve Armstrong at Crim Law recently posted one more reason eyewitness ID sucks. [read post]
28 Jun 2010, 2:22 am
Regina v Brewster [2010] EWCA Crim 1194; [2010] WLR (D) 159 “Where a party sought to admit evidence of a witness’s bad character which bore only indirectly on his credibility, and that credibility was a matter in issue in the proceedings and of substantial importance in the context of the case as a whole, such evidence was only admissible pursuant to s 100(1)(b) of the Criminal Justice Act 2003 as evidence of substantial probative value on the issue of creditworthiness if… [read post]
27 May 2011, 2:54 am
Regina v Hull [2011] EWCA Crim 1261; [2011] WLR (D) 177 “Under section 3 of the Repatriation of Prisoners Act 1984 the Court of Appeal had jurisdiction, including power to quash the order of the High Court, in relation to a referral under section 273 of the Criminal Justice Act 2003 of the sentence of a repatriated prisoner. [read post]
26 Apr 2011, 1:51 pm
Crim. [read post]
8 Dec 2007, 6:47 am
Crim. [read post]
4 Aug 2012, 7:24 am
Crim. [read post]
14 Oct 2021, 4:37 am
Crim. [read post]
29 Apr 2022, 2:00 am
Crim. [read post]
