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30 Nov 2012, 4:14 am by tracey
Regina v Bateman; Regina v Doyle: [2012] EWCA Crim 2158;   [2012] WLR (D)  355 “Where an offender was committed to the Crown Court by the magistrates’ court under paragraph 11(2)(a) of Schedule 12 to the Criminal Justice Act 2003 to be dealt with in respect of the commission of an offence committed during the operational period of a suspended sentence imposed by the Crown Court, the Crown Court’s sentencing powers in relation to other offences in… [read post]
16 Nov 2009, 2:51 am
Regina v Patel; Regina v Hussain [2009] EWCA Crim 2311; [2009] WLR (D) 327 "The Medicines for Human Use (Marketing Authorisations Etc) Regulations 1994 were not to be construed as prohibiting transactions which were not intended to have the effect, nor had the effect, of releasing a medical product into a distribution scheme which would lead [...] [read post]
20 Aug 2012, 3:13 am by sally
Regina (Nicklinson) v Ministry of Justice (Attorney General and another intervening); Regina (AM) v Director of Public Prosecutions and others (Same intervening) [2012] EWHC 2381 (Admin); [2012] WLR (D) 248 “The court should not depart from the long established position that voluntary euthanasia was murder unless article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms required that it be recognised as a possible defence to a murder charge under… [read post]
30 Nov 2009, 2:42 am
Regina (A) v Croydon London Borough Council; Regina (M) v Lambeth London Borough Council Supreme Court "Where social workers disputed an unaccompanied asylum seeker’s claim to be under the age of 18, and so entitled to local authority accommodation, the question of age was an objective fact subject, in the event of challenge, to determination by the [...] [read post]
16 Jul 2012, 3:31 am by sally
Regina v A (B) [2012] EWCA Crim 1529; [2012] WLR (D) 199 “Whether an offence charged involved an assault on, or injury or threat of injury to, the spouse or civil partner of the person charged, so that the spouse or civil partner was a compellable witness under section 80(2A)(3) of the Police and Criminal Evidence Act 1984, was to be determined solely by reference to the terms of the indictment and not by reference to the evidence to be adduced about the circumstances of the… [read post]
23 May 2007, 6:36 am
Terrorist conspiracy sentence guidelines require review Regina v. [read post]
19 May 2008, 2:19 am
Regina v Davies (Gareth) Court of Appeal (Criminal Division) “A judge deciding whether aggravating features existed to increase the appropriate starting point for the minimum term of a mandatory life sentence should apply the same standard of proof as that applied by the jury in reaching their verdict. [read post]
19 Jan 2012, 2:09 am by sally
Regina v Clinton; Regina v Parker; Regina v Evans [2011] EWCA Crim 2; [2012] WLR (D) 2 “For the purposes of the partial defence to murder of loss of self-control, where such loss of self-control was triggered by sexual infidelity that could not, on its own, qualify as a trigger for the purposes of the defence. [read post]
27 Jun 2011, 6:43 am by sally
Regina v McKenzie [2011] EWCA Crim 1550; [2011] WLR (D) 207 “Where the counts in an indictment referred to offences contrary to a specific statutory provision but the particulars referred to acts which would be contrary to a different statutory provision, findings of a jury could not be upheld on the basis that the requirements of section 4A(2)(b) of the Criminal Procedure (Insanity) Act 1964 were met, or that the defects could be cured by application of section 3 of the Criminal… [read post]
25 Jan 2012, 2:04 am by sally
Regina v C(S) [2012] EWCA Crim 6; [2012] WLR (D) 5 “At a retrial of a conspirator about whom the jury at the first trial had been unable to reach a verdict, the Crown would be entitled to tell the jury that it was the prosecution’s case that those who had been acquitted at the first trial were probably involved in the conspiracy and that the jury would be entitled to take into account the acquitted conspirators’ probable role in the importation when deciding whether they… [read post]
3 Apr 2012, 2:25 am by sally
Regina v Newell [2012] EWCA Crim 650; [2012] WLR (D) 105 “A statement made on a plea and case management hearing form by the defendant’s counsel, although admissible in principle as a matter of law, should not, in the exercise of the court’s discretion under section 78 of the Police and Criminal Evidence Act 1984 (‘PACE’), be admitted in evidence against the defendant at trial, provided that the case had been conducted in accordance with the letter and the… [read post]
19 May 2008, 2:16 am
Regina v Green House of Lords “The Drug Trafficking Act 1994, in giving effect to the United Kingdom's obligations under the Vienna Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988 and the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime 1993, fell to be construed without regard to legislation in other countries which had chosen to give effect to those obligations in a different way. [read post]
3 Aug 2012, 3:08 am by tracey
Regina v Gul (Hamesh): [2012] EWCA Crim 1761;  [2012] WLR (D)  245 “Where a defendant was sent for trial to the Crown Court on an indictable only offence but no such offence was included in the indictment when it was signed and the procedure to determine mode of trial was not followed such non-compliance with those procedural requirements would not result in the proceedings being a nullity where the defendant was able to cure any defect in the process by… [read post]
23 Jan 2009, 2:33 am
Regina (F) v Secretary of State for Justice Regina (Thompson) v Secretary of State for the Home Department Queen’s Bench “In the absence of any mechanism for review, placing an offender on the sex offenders register indefinitely was a disproportionate interference with the right to respect for private and family life. [read post]
18 May 2007, 3:04 am
Power to delegate reporting obligations Regina v. [read post]
5 Jan 2011, 1:27 am by sally
Regina v C [2010] EWCA Crim 2971; [2011] WLR (D) 347 “Where a defendant wished to challenge evidence of earlier convictions which the Crown sought to deploy as relevant to the question of whether the defendant was responsible for the commission of the offences for which he was on trial, the defendant’s bare assertion that he did not commit those earlier offences was inadequate; it was essential that the defendant provide a detailed defence statement identifying all the… [read post]
25 Aug 2010, 2:31 am by sally
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]
3 Jan 2012, 4:33 am by tracey
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]