swarb.co.uk - law index
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Crime - From: 1998 To: 1998
This page lists 162 cases, and was prepared on 21 May 2019.
Regina v Bristol Magistrates Court ex parte E [1998] 3 All ER 798
1998
CA
Simon Brown LJ
Crime
Simon Brown LJ said: "It is a principle of legal policy that a person should not be penalised except under clear law."
1 Citers
Regina v Powell and Davies [1998] 1 Cr App R 261
1998
Crime
1 Cites
1 Citers
Regina v Davies [1998] Crim LR 564
1998
CACD
Buxton LJ
Crime
The court was asked whether a screwdriver fell within the prohibition of section 139(2). It was apparently an ordinary screwdriver with no sharp point, but it had what the trial judge had described as "blades positioned on each side of the driving head". Held: Buxton LJ: "We are, however, quite unable to agree with the conclusion to which he came. Firstly, we take up the argument advanced by Miss Deacon which also, so far as we can see, lies behind the judge's ruling. It is too simple to say that the mischief of this section is to deter the carrying of items that could cause injury. Preventing or deterring further offences in which injuries are caused is, we entirely accept, no doubt the long-term and perfectly understandable objective of Parliament in passing sections such as section 139. Such an objective was also behind the Prevention of Crime Act 1953 which, however, limited itself to objects made or intended for the purpose of causing injury. The contention here goes much wider: that any object that could be so used potentially falls within the section.
The objections to that are twofold. Firstly, it gives the section an extremely wide ambit. As soon as an object falls within this section and a citizen is found with it in his possession in public, he has to prove that he has a good excuse for having it. That is a very significant limitation on the citizen's freedom. It should not be assumed that it has been achieved except by the use of clear words.
Second, the degree to which Parliament thought it proper to interfere with the citizen's freedom in that way is demonstrated by the limitation in the section to articles, in section 139(2), which have a blade or are sharply pointed, except folding pocketknives. The common sense assumption that lies behind that section is that Parliament sought to prevent or deter the carrying of what might be broadly called sharp instruments in public, not any article that has a blade -- even if a screwdriver can be so described -- but an article with a blade that falls within the same broad category as a knife or a sharply pointed instrument. That follows not only as a matter of common sense, but by looking at the specific items that are mentioned in the section, that is to say sharply pointed instruments or folding pocketknives, and inferring from that what the nature of the bladed article is to which Parliament was referring.
It seems to us, in that comparison, that it would be quite unlikely, indeed in our view impossible, that Parliament intended an article such as a screwdriver, just because it has a blade, to fall into the same category as a sharply pointed item or a folding pocketknife.
Further, that that is the construction of the phrase 'any article which has a blade' is strongly reinforced by referring to section 139(3), which we have already read. The section applies to a folding pocketknife if the cutting edge of its blade exceeds three inches. That section, in its very language, seems to assume that references to blades entail references to a cutting edge. That is how the expression is used in section 139(3). It is also, as we have said, the way in which the other items in section 139(2) seem to be described.
In our judgement, the test cannot be, as the judge suggested, whether the article is capable of causing injury. If that were the test there would be no need and no justification to do what Parliament has specifically done, and limit the section to bladed items and sharp instruments. If the objective was to outlaw the carrying of all items capable of causing injury there would be no explanation at all for why there was a limitation to articles which happen to have something that could be described as a blade."
Criminal Justice Act 1988 13991)
1 Citers
Nuttall and Another, R v [1998] EWCA Crim 43
13 Jan 1998
CACD
Crime
[ Bailii ]
Muhib, Regina v [1998] EWCA Crim 34
13 Jan 1998
CACD
Rose VP CACD LJ, Latham J, Sir Patrick Russell
Crime
The defendant appealed against his conviction for manslaughter saying that the jury had returned inconsistent verdicts, Held: "there is no possible logical inconsistency in the jury returning a verdict of manslaughter in relation to one victim of the applicant's knife, and a verdict of wounding with intent in relation to another such victim. That being so, it is in our judgment quite unarguable that the verdict on count 3 in this indictment should be regarded as unsafe, on the ground of inconsistency. It follows that the application for leave to appeal against conviction fails."
1 Cites
[ Bailii ]
Padgett Brothers (A-Z) Limited v Coventry City Council Times, 24 February 1998; [1998] EWHC Admin 20
15 Jan 1998
Admn
Consumer, Crime
Importer of foreign unsafe tools was equally criminally liable as was eventual retailer. Sale was 'due to' their act or default.
General Product Safety Regulations 1994
[ Bailii ]
Francis, Regina v [1998] EWCA Crim 92
15 Jan 1998
CACD
Potter LJ, Smith J, Rhys Davies QC HHJ
Crime
[ Bailii ]
Regina v Franey (ex parte Warren J) [1998] EWHC Admin 28
19 Jan 1998
Admn
Health, Crime
Mental Health Act 1983 12(2)
[ Bailii ]
Regina v Sundhers [1998] EWCA Crim 225; [1998] EWCA Crim 226
23 Jan 1998
CACD
Crime
On a charge of false accounting, the dishonest document was a claim form under an insurance policy. The judge told the jury, as is the case, that such a form would on occasion be looked at by the auditors of the insurance company. There was, however, no evidence to that effect. Held: Merely by looking at the claim form the jury could not be expected, by drawing on their general experience and knowledge of the world, to reach that conclusion for themselves.
Theft Act 1968 17(1)(a)
1 Citers
[ Bailii ] - [ Bailii ]
Darby and Another, R v [1998] EWCA Crim 217
23 Jan 1998
CACD
Crime
[ Bailii ]
Regina v Simpson, Changlee, Odesanya, Krishnan [1998] EWCA Crim 245
26 Jan 1998
CACD
Crime
Renewed application for leave to appeal against convictions for importation of controlled drugs.
[ Bailii ]
Brown, R v [1998] EWCA Crim 278
27 Jan 1998
CACD
Crime
[ Bailii ]
McDonough v Merseyside Police [1998] EWHC Admin 89
28 Jan 1998
Admn
Schiemann LJ, Poole J
Road Traffic, Crime
[ Bailii ]
Director of Public Prosecutions v Ullah [1998] EWHC Admin 99
29 Jan 1998
Admn
Simon Brown LJ, Mance J
Crime
Prosecutor's appeal against the adjudication acquitting the Respondent of an offence under section 139(1) of the 1988 Act. The information proffered against him alleged that he had with him, without good reason or lawful authority, an article which had a blade or was pointed, namely a knife with a five inch fixed blade contrary to the section.
Criminal Justice Act 1988 139(1)
[ Bailii ]
Regina v Knightsbridge Crown Court ex parte Foot Times, 18 February 1998; [1998] EWHC Admin 105
29 Jan 1998
Admn
Lord Justice Simon Brown -And- Mr Justice Mance
Road Traffic, Crime
A device which tested for police radar speed check did not intercept a message between persons and therefore was not unlawful. "a signal in this context is not a mere electronic impulse but is rather a sign or something of meaning to another person. Mr McGuinness clearly cannot and does not submit that the emission of this beam towards a passing vehicle involves "the sending or conveying of any warning or information" within the subsection." Section 19(6) has no application to the acquisition of information merely by beaming energy to, and receiving information back from, inanimate, albeit moving objects. The new regulations had exempted such devices.
Wireless Telegraphy Act 1949 19(6) - The Wireless Telegraphy Apparatus (Receivers) (Exemption) Regulations 1989
1 Cites
[ Bailii ]
Griffin, Regina v [1998] EWCA Crim 283
29 Jan 1998
CACD
Crime
[ Bailii ]
Muncaster, Regina v [1998] EWCA Crim 296
30 Jan 1998
CACD
Crime
[ Bailii ]
Regina v Deegan; CACD 4-Feb-1998 - Gazette, 26 February 1998; Times, 17 February 1998; [1998] EWCA Crim 385; [1998] Crim LR 562; [1998] 2 Cr App R 121
Simpson, Regina v [1998] EWCA Crim 392; [1998] Crim LR 481
5 Feb 1998
CACD
Lord Bingham of Cornhill LCJ
Crime
[ Bailii ]
Denslow, Regina v [1998] EWCA Crim 432
6 Feb 1998
CACD
Crime
[ Bailii ]
In re D [1998] EWHC Admin 148
6 Feb 1998
Admn
Crime
Drug Trafficking Offences Act 1986
[ Bailii ]
Howell v The Queen [1998] UKPC 5
11 Feb 1998
PC
Crime
(Jamaica)
[ Bailii ]
Gayle, Regina v [1998] EWCA Crim 587; [1999] Crim LR 502
17 Feb 1998
CACD
Otton LJ, Wright, Dyson JJ
Crime
Appeal against conviction for supplying Class A controlled drugs.
[ Bailii ]
Davis, R v [1998] EWCA Crim 681
24 Feb 1998
CACD
Crime
[ Bailii ]
Regina v Harrow Crown Court ex parte Helen Lingard [1998] EWHC Admin 233
25 Feb 1998
Admn
Crime
[ Bailii ]
Regina v Newcastle Upon Tyne Magistrates' Court ex parte Poundstretcher Limited [1998] EWHC Admin 251
3 Mar 1998
Admn
Crime, Consumer
[ Bailii ]
A C (a Minor) v Luton Youth Court [1998] EWHC Admin 256
4 Mar 1998
Admn
Crime
[ Bailii ]
Fitzgerald, Regina v [1998] EWCA Crim 829
6 Mar 1998
CACD
Rose LJ VP, Hidden, Penry-Davey JJ
Crime
The defendant appealed against his conviction for robbery. At interview, his solicitor had explained his failure to answer questions by reference to the involvement of others, but in terms which treated this itself as an admission. Held: The appeal failed: "the terms of the summing-up, as a whole, indicated plainly to the jury that it was for them and not for the judge to decide what had happened. He made it plain to them that unless they were sure that a robbery had taken place, they must acquit the defendant. "
1 Cites
[ Bailii ]
Marshall, R v [2000] EWCA Crim 3530
6 Mar 1998
CACD
Crime
[ Bailii ]
Regina v William Gerald Dunne Times, 16 March 1998; [1998] EWCA Crim 848
6 Mar 1998
CACD
Crime
Being 'knowingly' involved in the importation of obscene materials is to be understood to emphasis the need for mens rea, and no more.
Obscene Publications Act 1959 1(1)
[ Bailii ]
Dudley Metropolitan Council v Summit Garage (Dudley) Limited [1998] EWHC Admin 286
10 Mar 1998
Admn
Swinton Thomas LJ, Gage J
Consumer, Crime
Trade Descriptions Act 1968 14
[ Bailii ]
Regina v Marshall; Regina v Coombes ; Regina v Eren Times, 10 March 1998
10 Mar 1998
CACD
Crime
The dishonest sale of the unexpired portion of a ticket, where ownership had been retained by the supplier, could constitute appropriation and so also theft.
Theft Act 1968 6(1)
Castle v Director of Public Prosecutions [1998] EWHC Admin 309
12 Mar 1998
Admn
Crime, Criminal Evidence
Appeal by case stated from conviction of possession of firearms (air rifles) within five years of release from prison. The court was asked as to whether they were 'lethal' Held: The appeal failed: " the Justices were entitled to reach the conclusions they did on the evidence before them. They were entitled to do that in the absence of specific evidence as to the effect of firing a pellet from these specific rifles. There was evidence that the rifles were fired and were operating normally as air rifles. It is against that background and, having regard to his employment, that Mr Lowe made the recommendation that they were suitable for use as target rifles and field hunting rifles for shooting small vermin respectively. Upon that evidence, the Justices were entitled to conclude, as they did, that an air rifle which was both capable of killing small vermin, or making an impression on a target could cause injury from which death might result if fired at point blank range at a vulnerable point of the body. Mr Lowe knew that the rifles were designed for that purpose. There was unchallenged evidence that he would sell them for that purpose. In those circumstances, there does not, in my judgment, have to be evidence of the observed effect upon a target or upon an animal to establish that the rifles were lethal within the meaning of the section. "
Firearms Act 1968 21(2)
1 Cites
[ Bailii ]
Regina v Sood Times, 24 March 1998; [1998] EWCA Crim 917
13 Mar 1998
CACD
Crime
The motive of a perjurer is not relevant to the question of whether the offence itself is committed. It goes as to mitigation only.
Perjury Act 1911
[ Bailii ]
Chamberlain v Lindon; Admn 18-Mar-1998 - Times, 06 April 1998; [1998] EWHC Admin 329
Regina v Uddin Times, 02 April 1998; [1998] EWCA Crim 999; [1998] 3 WLR 1000; [1999] QB 431; [1999] Crim LR 987; [1999] 1 Cr App R 319; [1998] 2 All ER 744
19 Mar 1998
CACD
Lord Justice Beldam Mr Justice Johnson And Mr Justice Wright
Crime
A co-accused in a murder by a gang, where the existence of the murder weapon which was used, was outside the expectation of the defendant, need not himself be guilty, because of the different circumstances which applied in his case.
1 Cites
1 Citers
[ Bailii ]
Mcdowell v HM Advocate [1998] ScotHC HCJ - 30
19 Mar 1998
HCJ
Crime
[ Bailii ]
Regina v Greatrex, Bates; CACD 19-Mar-1998 - Times, 02 April 1998; [1998] EWCA Crim 976
Regina v Popat Times, 10 April 1998; [1998] EWCA Crim 1035; [1998] 2 Cr App R 208
23 Mar 1998
CACD
Hobhouse LJ
Criminal Evidence, Crime
Though an identification parade should be held whenever it would serve a useful purpose, where the evidence of identification by a witness was already complete and satisfactory there was no continuing obligation on the police to provide an identification parade.
1 Cites
1 Citers
[ Bailii ]
Bull v the Queen [1998] 1 WLR 1523; [1998] UKPC 20
23 Mar 1998
PC
Lord Steyn
Commonwealth, Crime
(Belize) Judges in Belize should sum up the defence of provocation in a murder case in the terms of section 118, ignoring the ballast of the old law.
Criminal Code of Belize 118
1 Citers
[ Bailii ]
Regina v Backshall Gazette, 29 April 1998; [1998] EWCA Crim 1101
27 Mar 1998
CACD
Crime
The defence of duress of circumstance was available to a charge of driving without due care just as much as it might be to more serious charge of dangerous driving.
[ Bailii ]
Roberts, R v [1998] EWCA Crim 1158
31 Mar 1998
CACD
Crime
[ Bailii ]
Regina v Burt and Adams Ltd; HL 2-Apr-1998 - Gazette, 07 May 1998; Times, 03 April 1998; [1998] UKHL 14; [1999] AC 247; [1998] 2 All ER 417; [1998] 2 WLR 725
Regina v Woollin; HL 2-Apr-1998 - Times, 23 July 1998; Gazette, 09 September 1998; [1998] UKHL 28; [1999] AC 82; [1998] 3 WLR 382; [1998] 4 All ER 103; [1998] Crim LR 890; [1999] 1 Cr App Rep 8
Lovett v Bussey; Admn 3-Apr-1998 - Times, 24 April 1998; [1998] EWHC Admin 399; [1998] EWHC Admin 398
Castle (John) v Director of Public Prosecutions; QBD 3-Apr-1998 - Times, 03 April 1998
Regina v Sampson and Sampson; CACD 3-Apr-1998 - [1998] EWCA Crim 1177
Ibanez v the Queen (Belize) [1998] UKPC 18
3 Apr 1998
PC
Commonwealth, Crime
[ Bailii ]
Regina v Richardson; CACD 6-Apr-1998 - Gazette, 29 April 1998; Times, 06 April 1998; [1999] QB 444
Regina v Khan (Rungzabe) Times, 07 April 1998; [1998] EWCA Crim 971
7 Apr 1998
CACD
Crime
Manslaughter by omission or wilful neglect is not a free-standing offence, and the judge must rule precisely how the defendant had a duty of care to the deceased, and give jury full directions on the topic.
[ Bailii ]
Regina v Dodman Times, 09 April 1998
9 Apr 1998
CMAC
Crime, Armed Forces
Offence of conduct with prejudice to good order did not require blameworthiness to be shown. The standard work is incorrect. Case of R v Miller demonstrates the error.
Air Force Act 1955 69
P V Narashimo Rao v State [1998] INSC 229
17 Apr 1998
Commonwealth, Constitutional, Crime
(Supreme Court of India) Members of Parliament were protected by privilege from prosecution for bribery in respect of voting in parliamentary proceedings.
1 Citers
[ LII of India ]
In Petition and Complaint - Her Majesty's Advocate v The Scotsman Publications Ltd and Clarke, Luckhurst and Jason Allardyce
23 Apr 1998
HCJ
Lord Justice General and Lord Caplan and Lord Marnoch
Scotland, Crime
[ ScotC ]
Regina v Kingston Upon Thames Crown Court ex parte O'Leary [1998] EWHC Admin 473
30 Apr 1998
Admn
Crime, Road Traffic
Appeal against conviction for use of speed gun detecting equipment.
Wireless Telegraphy Act 1949 5(b)(1)
[ Bailii ]
Shah, Regina v [1998] EWCA Crim 1441
30 Apr 1998
CACD
Crime
[ Bailii ]
Regina v Malone [1998] EWCA Crim 1462; [1998] 2 CAR 447; [1998] Crim LR 834
1 May 1998
CACD
Roch LJ, Sachs, Collins JJ
Crime
The defendant appealed his conviction for rape, arguing that the girl, though drunk, had consented. Held: The Court approved the judge's direction as follows: "She does not claim to have physically resisted nor to have verbally protested. She says the drink has disabled her from doing either; she has told you she did not consent; you must be sure that the act of sexual intercourse occurred without (her) consent. Submitting to an act of sexual intercourse, because through drink she was unable physically to resist though she wished to, is not consent. If she submits to intercourse because of the drink she cannot physically resist, that, of course, is not consent. No right thinking person would say that in those circumstances she was genuinely consenting to what occurred. What occurred . . not wishing to have intercourse but being physically unable to do anything about it would plainly, as a matter of common sense be against her will. It would be without her consent".
1 Cites
1 Citers
[ Bailii ]
Ellis v Director of Public Prosecutions Times, 05 May 1998
5 May 1998
QBD
Crime
A telephone booth with a door was an enclosed space even though had permanently open area by feet and not therefore a public space for purposes of litter control laws. Expectation that would pay after entry.
Environmental Protection Act 1990 87(4)
Hurst v Director of Public Prosecutions [1998] EWHC Admin 486
6 May 1998
Admn
Crime
[ Bailii ]
Regina v Ripon Magistrates Court ex parte Marshall [1998] EWHC Admin 495
7 May 1998
Admn
Crime
[ Bailii ]
Regina v Knightsbridge Crown Court ex parte Cataldi [1998] EWHC Admin 522
11 May 1998
Admn
Crime
[ Bailii ]
Director of Public Prosecutions v Neil Graham Earnshaw [1998] EWHC Admin 518
11 May 1998
Admn
Crime
[ Bailii ]
Regina v Shahid, Miah, Uddin [1998] EWCA Crim 1544; [1999] 1 Cr App R 319
12 May 1998
CACD
Crime
1 Citers
[ Bailii ]
Her Majesty's Attorney-General v Christopher Marshall [1998] EWHC Admin 548
15 May 1998
Admn
Crime
[ Bailii ]
Regina v Borthwick; CACD 18-May-1998 - [1998] EWCA Crim 1632; [1998] Crim LR 274
Director of Public Prosecutions v Page [1998] EWHC Admin 561
19 May 1998
Admn
Road Traffic, Crime
Prosecutor's appeal against dismissal of charge of driving with excess alcohol - unexplained discrepancy in time recorded by meter.
Road Traffic Act 1988 5(1)(a)
[ Bailii ]
Knights v The Queen [1998] UKPC 24
21 May 1998
PC
Lord Nolan, Lord Clyde, Sir John Balcombe, Sir Andrew Leggatt
Crime
(Grenada)
[ Bailii ]
Regina v Kelly; Regina v Lindsay; CACD 21-May-1998 - Times, 21 May 1998; [1998] EWCA Crim 1578; [1998] EWCA Crim 1602; [1997] 1 WLR 596; [1998] 3 All ER 741; [1999] QB 621; (2000) 51 BMLR 142
Nelder and Others v Crown Prosecution Service; Admn 3-Jun-1998 - Times, 11 June 1998; [1998] EWHC Admin 602
Veasey, R v [1998] EWCA Crim 1773
4 Jun 1998
CACD
Crime
[ Bailii ]
W M v Her Majesty's Advocate
4 Jun 1998
HCJ
R.G. McEwan, Q.C.
Scotland, Crime
[ ScotC ]
Regina v Joanne Gardner, New Forest Magistrates Court [1998] EWHC Admin 607
5 Jun 1998
Admn
Crime
[ Bailii ]
Teixeira De Castro v Portugal; ECHR 9-Jun-1998 - 25829/94; [1998] 28 EHRR 101; [1998] ECHR 52
Foulkes v Chief Constable of Merseyside Police; CA 9-Jun-1998 - Times, 26 June 1998; [1998] EWCA Civ 938; [1998] 3 All ER 705
Nelder and Others v Director of Public Prosecutions Times, 11 June 1998
11 Jun 1998
QBD
Crime
Charge alleging breaches of several limbs of offence was not bad for duplicity where the concepts were overlapping. Same actus reus with three effects was not three offences
Criminal Justice and Public Order Act 1994 68(1)
Director of Public Prosecutions v John Perry Gibson [1998] EWHC Admin 638
15 Jun 1998
Admn
Crime
[ Bailii ]
Oscar, Regina v [1998] EWCA Crim 1959
16 Jun 1998
CACD
Kennedy LJ VP, Jowitt, Astill JJ
Crime
The defendant appealed against his conviction for unlawful wounding and possession of an offensive weapon, an axe. He had returned to the scene of an argument, taking with him an axe. He said that, in the course of a struggle, the axe had fallen from his grip, striking the complanant. The judge had refused to allow a plea of self defence to the jury. Held: The appeal was dismissed.
Astill J said: "Here there were two possibilities - accident or a deliberate blow aimed by the appellant - and the learned judge left both to the jury. If a man takes a weapon to threaten another and strikes a deliberate blow when others are attempting to disarm him, it is not open in ordinary circumstances for him to plead that he is being attacked. In those circumstances violence is being used on him because and only because he has used or threatened to use unlawful violence himself. That is what the judge was saying and in the view of this court he was entirely correct. There was no factual basis in this case upon which self-defence could be left to the jury."
1 Cites
[ Bailii ]
Regina v Manning [1999] QB 980; [1998] EWCA Crim 2074; [1998] EWCA Crim 2073; [1999] Crim LR 151; [1999] 2 WLR 430; [1998] 2 Cr App R 461; [1998] 4 All ER 876
24 Jun 1998
CACD
Crime, Criminal Sentencing
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad. Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and Wales. The correct rule was that before an English court could try an offence it was necessary, not only for the defendant to be physically within the jurisdiction, but also that the act needed to complete the offence, here the crediting of the money, had to take place within the jurisdiction. This rule had not been replaced by a theory that an offence would be triable in England even if the last act did not take place here provided that there was nothing contrary to international comity in the English court assuming jurisdiction. The Crown Court had no jurisdiction to try the counts on the indictment.
Theft Act 1968 17(1) 20(2)
1 Cites
1 Citers
[ Bailii ] - [ Bailii ]
Mark Richard Burton v Director of Public Prosecutions [1998] EWHC Admin 669
25 Jun 1998
Admn
Crime
[ Bailii ]
Hamilton, Regina v [1998] EWCA Crim 3536
26 Jun 1998
CACD
Crime
[ Bailii ]
Swingler, R v [1998] EWCA Crim 2284
10 Jul 1998
CACD
Crime
[ Bailii ]
Regina v Crown Court At Cambridge, ex parte Rld Buckland Times, 17 September 1998; Gazette, 26 August 1998; [1998] EWHC Admin 742
13 Jul 1998
Admn
Crime, Administrative, Judicial Review
There is in law no right to appeal to the Crown Court against a Chief Constable's refusal to amend the conditions attached to a firearms certificate. The system of applying such conditions was a discrete and separate system. His only remedy was in judicial review.
Firearms Act 1968 29 44
[ Bailii ]
Downer and others v The Queen [1998] UKPC 32; [1998] 1 WLR 1662
20 Jul 1998
PC
Lord, Slynn of Hadley, Lord Lloyd of Berwick, Lord Steyn, Lord Clyde, Lord Hutton
Crime
(Jamaica)
[ Bailii ]
Regina v Manning Times, 23 July 1998; [1999] QB 980
23 Jul 1998
CACD
Buxton LJ
Crime
The accused dishonestly falsified a number of insurance cover notes which were said to be documents required for an accounting purpose, namely, those of the persons who had sought cover and to whom the cover notes were forwarded. The accused ran his own maritime insurance business, obtaining instructions from a number of clients to place insurance on ships which was effected through brokers. The allegation was that, although he obtained the relevant premiums, the cover was either not placed or only partially placed so that he issued false cover notes to his clients. Those cover notes set out the assured and the insurer, the period and the interest covered and included also the rate to be paid and the dates which premiums were thereafter to be paid. There was no evidence called by the Crown to explain the actual use made of the notes by the clients, but the matter was left to the jury by the judge as a question of fact. the Court had "no doubt that the cover notes would play a role in the account process of [the] clients", but the question was whether the jury was entitled to reach that conclusion on the evidence. His Lordship then, after referring to certain authorities including Sundhers over which he had presided, then contrasted the circumstances in the present case and expressed the Court's conclusions in these terms: "The cover note is a very different sort of document from a claim form. As we have said it clearly sets out what the client has to pay and how he has to pay it. Although we have not found the issue an easy one, and regard it as being close to the borderline, we think on balance that it would be open in this case to a reasonable juror to conclude, simply by looking at the document that it was required for an accounting purpose, in that it sets out what the client owes." The last act or terminatory theory of jurisdiction was the common law of England and Wales.
Theft Act 1968 17(1)(a)
1 Cites
1 Citers
Booth and Others, R v [1998] EWCA Crim 2436
23 Jul 1998
CACD
Crime
[ Bailii ]
Regina v Winston Times, 24 July 1998; Gazette, 09 September 1998
24 Jul 1998
CACD
Crime
Conviction for forgery stood where defendant had claimed housing benefit with forged letter from landlord even if the contents of the forged document were in fact true and no prejudice to the council deceived had been shown.
Forgery and Counterfeiting Act 1981
Regina v Derek William Bentley (Deceased); CACD 30-Jul-1998 - Times, 31 July 1998; [1998] EWCA Crim 2516; (2001) 1 Cr App R 307
Regina v Kennedy; CACD 31-Jul-1998 - [1998] EWCA Crim 2545; [1999] Crim LR 65
Kennedy, R v [1998] EWCA Crim 2545
31 Jul 1998
CACD
Crime
[ Bailii ]
Regina v Honeyghon, Sayles [1998] EWCA Crim 2527; [1999] CrimLR 221
31 Jul 1998
CACD
Crime
The appellants challenged their convictions for murder. There had been what was described as a wall of silence preventing witnesses coming forward.
1 Citers
Regina v Paul Gazette, 26 August 1998; Times, 17 September 1998
26 Aug 1998
CA
Crime
A firearm certificate was to be construed according to law, and not according to the particular factual situation. A certificate authorising holding a humane killer was no authority to hold a gun but was intended to be used for that purpose only.
Firearms Act 1968 1 3(2)
Lauko v Slovakia 26138/95; (2001) 33 EHRR 40; [1998] ECHR 82; [1998] ECHR 82
2 Sep 1998
ECHR
Human Rights, Crime
The applicant was fined under the domestic Minor Offences Act for accusing his neighbours, without justification, of causing a nuisance. The government relied on the modesty of the punishment capable of being imposed and the fact that the offence did not give rise to a criminal record as distinguishing it from offences within the criminal law. Held: The general character of the legal provision infringed by the applicant together with the deterrent and punitive purpose of the penalty imposed on him, were sufficient to show that the offence in question was, in terms of Article 6 of the Convention, criminal in nature. The three criteria were not cumulative and that it sufficed that the offence in question should, by its nature, be criminal from the point of view of the Convention, or should have made the person concerned liable to a sanction which, by its nature and degree of severity, belonged in general to the criminal sphere. At the same time a cumulative approach could be adopted where the separate analysis of each criterion did not make it possible to reach a clear conclusion as to the existence of a criminal charge.
European Convention on Human Rights 6
1 Citers
[ Bailii ] - [ Bailii ]
Regina v Woollin; CACD 4-Sep-1998 - [1998] EWCA Crim 2608
Regina v Mitchell and King; CACD 16-Sep-1998 - Times, 07 October 1998; Gazette, 16 September 1998
Regina v Nelson Group Services (Maintenance) Ltd Times, 17 September 1998; [1998] EWCA Crim 2005; [1998] EWCA Crim 2511
17 Sep 1998
CA
Health and Safety, Crime
The fact that a third party was put at risk by the negligence of an employee did not prevent the employer seeking to rely upon the statutory defence that he had taken all reasonable steps to avoid such risks.
Health and Safety at Work Act 1974 3
[ Bailii ] - [ Bailii ]
Regina v Hewitson, Bramich, Vincent [1998] EWCA Crim 2653
24 Sep 1998
CACD
Crime, Evidence
The defendants appealed their conviction after admission of evidence taken from secret tape recordings taken from a recording device hidden in the garage of one of the defendants. Held: The evidence had been properly admitted. It was not possible to say that the convictions were unsafe.
1 Cites
1 Citers
Attorney-General's Reference (No 1 of 1998) Times, 02 October 1998; Gazette, 30 September 1998
30 Sep 1998
CACD
Crime
Where the defendant had agreed to receive a package expected to contain drugs which were to be posted from abroad he had already committed the offence of being concerned in importation of controlled drug. Any uncertainty of future events was no bar to the offence.
Customs and Excise Management Act 1979 170(2)(b)
ex parte Guardian Newspapers Ltd; CACD 30-Sep-1998 - Times, 09 October 1998; Gazette, 14 October 1998; [1998] EWCA Crim 2670; [1999] 1 Cr App R 284; [1999] 1 WLR 2130
Director of Public Prosecutions v Armstrong-Braun; Admn 5-Oct-1998 - Times, 26 October 1998; [1998] EWHC Admin 918
T v Ipswich Youth Court [1998] EWHC Admin 927
6 Oct 1998
Admn
Crime, Children
Regina v Bett; CACD 12-Oct-1998 - Times, 11 November 1998; Gazette, 25 November 1998; [1998] EWCA Crim 2875
Scollan and Another, R v [1998] EWCA Crim 2895
15 Oct 1998
CACD
Crime
[ Bailii ]
Bett, R v [1998] EWCA Crim 2932
16 Oct 1998
CACD
Crime
[ Bailii ]
McGuinness, Regina v [1998] EWCA Crim 2911; [1999] Crim LR 318
16 Oct 1998
CACD
Mantell LJ, Gray J
Crime
Appeal against conviction of conspiracy to handle stolen goods.
[ Bailii ]
Terence Swankie v Procurator Fiscal, Peterhead [1998] ScotHC 3
20 Oct 1998
HCJ
Lord Kirkwood
Scotland, Scotland, Crime
Dangerous Dogs Act 1991 3(1)
[ Bailii ] - [ ScotC ]
British Telecommunications Plc v Nottinghamshire County Council [1998] EWHC Admin 989
21 Oct 1998
Admn
Crime, Utilities
The court considered an appeal by case stated against a conviction on 2 informations under sections 71(1) and (5). One alleged a failure to comply with the prescribed requirements as to the specification of materials to be used in reinstating the street. The other alleged a failure to comply with the prescribed requirements as to the standards of workmanship to be observed in reinstating the street.
New Roads and Street Works Act 1991 71(1) 71(5)
1 Citers
[ Bailii ]
Regina v Director of Public Prosecutions ex parte Council of London Borough of Merton [1998] EWHC Admin 1009
27 Oct 1998
Admn
Tucker J
Crime
Public Order Act 1986
[ Bailii ]
Regina v Lauder Times, 05 November 1998; Gazette, 25 November 1998; [1998] EWCA Crim 3037
27 Oct 1998
CACD
Road Traffic, Crime, Criminal Sentencing
A defendant who had been convicted of manslaughter by using a motor vehicle or causing death by dangerous driving, or dangerous driving, must be required to take an extended driving test before his licence is returned. Courts have no discretion not to require a test.
Road Traffic Offenders Act 1988 36
[ Bailii ]
Regina v Taylor and Goodman Times, 03 November 1998; [1998] EWCA Crim 3039
27 Oct 1998
CACD
Evidence, Crime
An accomplice called by the prosecution should have his convictions disclosed by the prosecution before being called. A defendant's bad criminal record should be disclosed if he made serious allegations against a prosecution witness. The judge had a discretion.
[ Bailii ]
Regina v MacMaster; CACD 28-Oct-1998 - Gazette, 04 November 1998; Times, 28 October 1998; [1998] EWCA Crim 2824
The Lord Advocate v Ian Adam Whelson Graham, John Purves and Ross Gravestock
28 Oct 1998
HCJ
Lord Justice General
Scotland, Crime
[ ScotC ]
Cozens v Hobbs (Inspector of Royal Society for Prevention of Cruelty To Animals) [1998] EWHC Admin 1014
28 Oct 1998
Admn
Crime, Animals
[ Bailii ]
Jackson v The State (Trinidad and Tobago) [1998] UKPC 44
29 Oct 1998
PC
Crime
[ Bailii ]
Regina v Curran [1998] CA Crim 3048
29 Oct 1998
CACD
Crime
The defendant sought leave to appeal his convictions for outraging public decency. He had been seen having sex on the bonnet of a car in a car park at Heathrow. Held: the acts complained of could found a conviction for outraging public decency.
1 Cites
Director of Public Prosecutions v Ellis [1998] EWHC Admin 1025
2 Nov 1998
Admn
Crime, Road Traffic
1 Cites
[ Bailii ]
Regina v Kennedy [1998] EWCA Crim 3137
5 Nov 1998
CACD
Crime
Whilst being tried for a burglary, the defendant was asked how he had got there. He said he had driven. At the time he was disqualified, and he was charged and convicted of driving whilst disqualified. He now appealed saying he had been unaware of the disqualification at the time. Held: He had been disqualified in his absence, and the only evidence was that there had been difficulty in serving notice. Appeal allowed.
[ Bailii ]
Samuel Ferguson Barr v Her Majesty's Advocate
5 Nov 1998
HCJ
Lord Justice Clerk
Scotland, Crime
[ ScotC ]
Regina v Manchester Crown Court ex parte Rogers [1998] EWHC Admin 1051
6 Nov 1998
Admn
Crime
Application for leave to apply for judicial review granted.
1 Cites
1 Citers
[ Bailii ]
Reid v Her Majesty's Advocate [1998] ScotHC 6
6 Nov 1998
ScHC
164272
Scotland, Crime
[ Bailii ] - [ ScotC ]
F Howe and Son (Engineers) Ltd, R v [1998] EWCA Crim 3531
6 Nov 1998
CACD
Crime
[ Bailii ]
James Gray v Her Majesty's Advocate
11 Nov 1998
HCJ
Lord Justice General
Scotland, Crime
[ ScotC ]
Henry Kerr v Her Majesty's Advocate
11 Nov 1998
HCJ
Lord Justice General
Scotland, Crime
[ ScotC ]
Patterson v Procurator Fiscal, Dumfries [1998] ScotHC 9
12 Nov 1998
ScHC
Lord Justice General
Scotland, Crime
[ Bailii ] - [ ScotC ]
Crawford v Procurator Fiscal, Ayr [1998] ScotHC 10
12 Nov 1998
HCJ
Lord Marnoch
Scotland, Crime
[ Bailii ] - [ ScotC ]
Donald Salmon and Anthony James Irvine Moore v Her Majesty's Advocate [1998] ScotHC 12
13 Nov 1998
HCJ
Lord Justice General
Scotland, Crime
The court considered the burden of proof placed on the prosecution under s28 of the 1971 Act. Held: "Subsections (2) and (3) of Section 28 are both designed to come into play at a stage when the Crown have proved all that they need to prove in order to establish guilt either of a contravention of Section 4(3)(b) or of a contravention of Section 5(3). "
Misuse of Drugs Act 1971 28 32(2) 32(3)
1 Cites
1 Citers
[ Bailii ] - [ ScotC ]
Benson, R v [1998] EWCA Crim 3267
13 Nov 1998
CACD
Crime
[ Bailii ]
George Alexander Muirhead and Hugh William Cameron v Her Majesty's Advocate
13 Nov 1998
HCJ
Lord Justice Clerk
Scotland, Crime
[ ScotC ]
Donald Samon and Anthony James Irvine Moore v Her Majesty's Advocate
13 Nov 1998
HCJ
Lord Justice General
Scotland, Crime
[ ScotC ]
Robert Jardine v Procurator Fiscal, Hamilton
13 Nov 1998
HCJ
Lord Justice General
Scotland, Crime
[ ScotC ]
Allan Gordon Cameron v Procurator Fiscal, Oban
13 Nov 1998
HCJ
Lord Marnoch
Scotland, Crime
[ ScotC ]
Richardson and Another, Regina v [1998] EWCA Crim 3269
16 Nov 1998
CACD
Crime
The defendants, convicted of inflicting grievous bodily harm, appealed on the basis that: "There was a misdirection in that the jury were directed that the intention of the defendant should be on the basis of a reasonable (i.e. not under the influence of drink) man and not (as they were) under the influence of drink." Held: The direction was wrog. The appeals succeeded.
[ Bailii ]
Regina v McCullough [1998] NIECA 1; [1998] NICA 1; [1999] NI 39
16 Nov 1998
CANI
Carswell LCJ
Crime, Criminal Sentencing, Northern Ireland
The defendant failed to appear at his trial. The judge urged the jury to 'use their common sense' in interpreting whether his non appearance indicated guilt. Even if there had been any unfairness in this, the judge's own summing up later remedied that failure. He had been sentenced to thirteen years for manslaughter committed in a serious, drunken, assault. Even though comparisons in such cases were of limited value, it was out of line with general trends, and a sentence of ten years was substituted.
[ Bailii ] - [ Bailii ]
Bath and North East Somerset District Council v Warman [1999] ELR 81; [1998] EWHC Admin 1078
19 Nov 1998
Admn
Lord Justice Rose
Education, Crime
A fifteen year old girl absented herself from school when she went to live with a boyfriend at an address which was not known to her mother. The justices acquitted the mother for failing to secure her attendance at school on the basis of "any unavoidable cause" but the prosecutor�s appeal to the Divisional Court was allowed for the same reasons as in Jenkins v Howels and Crump v. Gilmore, both of which were followed. Held: The construction placed of this statutory provision in the authorities makes the conclusion inescapable that the circumstances did not give rise to unavoidable cause for the child�s absence from school.
Education Act 1993 444
1 Citers
[ Bailii ]
Regina v Klineberg; Regina v Marsden; CACD 19-Nov-1998 - Times, 19 November 1998; [1998] EWCA Crim 2214; [1998] EWCA Crim 3158; [1999] EWCA Crim 512
Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1); HL 22-Nov-1998 - Times, 26 November 1998; [1998] UKHL 41; [1998] 3 WLR 1456; [2000] 1 AC 61; [1998] 4 All ER 897
Williams v The Queen [1998] UKPC 45
23 Nov 1998
PC
Lord Browne-Wilkinson, Lord Steyn, Lord Hoffmann, Lord Hobhouse of Woodborough, Lord Millett
Commonwealth, Crime
(Saint Vincent and the Grenadines) The defendant was convicted of having killed his wife. He had killed his children but faced no charge on that issue. He complained of the admission of evidence showing that he had killed the children. In his evidence he said his wife had killed them. His defence was of diminished responsibility, but the judge withdrew that defence from the jury, leaving only provocation. Held: The expert medical evidence obtained since the trial was of sufficient standard to be apparently credible, and the matter was remitted for it to be considered. It had not been wrong to charge only one capital murder.
1 Cites
[ Bailii ]
David James Callan v Her Majesty's Advocate
24 Nov 1998
HCJ
Lord McCluskey
Scotland, Crime
[ ScotC ]
Huddart, Regina v [1998] EWCA Crim 3342; [1999] EHLR 281; [1999] Crim LR 568
24 Nov 1998
CACD
Pill LJ, Turner J
Crime
Appeal against conviction for not having a dog under proper control, it having bitten a third party. Held: The appeal failed: " the jury were given sufficient guidance as to the approach which they should adopt to the evidence of identification. It was then a matter for them to decide whether they were sure that the dog which bit Mr Falcon was Winston. In our judgment there is no merit in this ground of appeal."
[ Bailii ]
Stewart, R v [1998] EWCA Crim 3398
27 Nov 1998
CACD
Crime
[ Bailii ]
Regina v Samantha Mcfarland [1998] EWHC Admin 1103
30 Nov 1998
Admn
Crime
[ Bailii ]
Regina v Barry John James Russell [1998] EWHC Admin 1105
1 Dec 1998
Admn
Crime
[ Bailii ]
Jason Robert Sproull and Scott James Baker v Procurator Fiscal, Kilmarnock
1 Dec 1998
HCJ
Lord McCluskey
Scotland, Crime
[ ScotC ]
Regina v Anthony Preece-Wilson [1998] EWHC Admin 1104
1 Dec 1998
Admn
Crime
[ Bailii ]
In Bill of Suspension By Christopher Kelly and Mohammed Sarwar v the Procurator Fiscal, Glasgow
3 Dec 1998
HCJ
Lord Justice Clerk and Lord McCluskey and Lord Milligan
Scotland, Crime
[ ScotC ]
Djahit, Regina v [1998] EWCA Crim 3533
8 Dec 1998
CACD
Crime
[ Bailii ]
Regina v Director of Public Prosecutions, Crown Prosecution Service ex parte Moran, Hart, Hart, Mogan and Nagy [1998] EWHC Admin 1126
8 Dec 1998
Admn
Crime
[ Bailii ]
Regina v Sinclair; CACD 9-Dec-1998 - [1998] EWCA Crim 3485
Bethel v the State [1998] UKPC 51
10 Dec 1998
PC
Commonwealth, Crime
(Trinidad and Tobago)
[ Bailii ]
Regina v Lincoln Crown Court ex parte Hodgson [1998] EWHC Admin 1132
10 Dec 1998
Admn
Crime
[ Bailii ]
Hunter and Silverman and Mclean v Her Majesty's Advocate [1998] ScotHC 19
11 Dec 1998
HCJ
Lord Justice Clerk
Crime
[ Bailii ]
Henry George William Coleman, Steven Douglas, Shand Dickson Caven, Edward Diamond, David Hunter, Gor v Her Majesty's Advocate
14 Dec 1998
HCJ
Lord Justice Clerk
Scotland, Crime
[ ScotC ]
Cathcart v Her Majesty's Advocate [1998] ScotHC 21
16 Dec 1998
HCJ
Lord Justice General
Crime
[ Bailii ] - [ ScotC ]
Regina v Abdul-Hussain; Regina v Aboud; Regina v Hasan; CACD 17-Dec-1998 - Times, 26 January 1999; [1999] Crim LR 570; [1998] EWCA Crim 3528
Montgomery v Cumming [1998] ScotHC 22
17 Dec 1998
HCJ
Lord Justice General
Crime
Education (Scotland) Act 1980
[ Bailii ]
Thomas John Mcbrearty v Her Majesty's Advocate
17 Dec 1998
HCJ
Lord Justice General
Scotland, Crime
[ ScotC ]
Baustahlgewebe v Commission C-185/95; [1998] EUECJ C-185/95P
17 Dec 1998
ECJ
Advocate General Leger
European, Commercial, Crime
(Judgment) The imposition of penalties following the breach of competition law is a criminal rather than civil procedure.
1 Citers
[ Bailii ]
James Alexander Mack v Her Majesty's Advocate
18 Dec 1998
HCJ
Lord Justice General
Scotland, Crime
[ ScotC ]
Robert Grant Macdonald v Her Majesty's Advocate
18 Dec 1998
HCJ
Lord Coulsfield
Scotland, Crime
[ ScotC ]
Alasdair Taylor Will v Procurator Fiscal, Dornoch
18 Dec 1998
HCJ
Lord Justice Clerk
Scotland, Crime
[ ScotC ]
Kearns v Her Majesty's Advocate [1998] ScotHC 28
18 Dec 1998
HCJ
Lord Justice Clerk
Scotland, Crime
[ Bailii ] - [ ScotC ]
Alexander Grant Hall v Her Majesty's Advocate
18 Dec 1998
HCJ
Lord Justice Clerk
Scotland, Crime
[ ScotC ]
Charles Gray Lafferty Mckenzie v Her Majesty's Advocate
18 Dec 1998
HCJ
Lord Justice General
Scotland, Crime
[ ScotC ]
Morgans v Director of Public Prosecutions Times, 29 December 1998; [1999] 1 WLR 968
29 Dec 1998
QBD
Kennedy LJ
Crime, Criminal Practice
The defendant argued that once the prosecutor had all the material on which the prosecution was eventually brought, then for the purposes of section 11(2) time began to run. Held: When considering the time limits for a prosecution under the Act, the officer investigating is the prosecutor, until the case is taken over by the CPS, and the time limits run according to his knowledge. Logging devices were unlawful intercepts, but admissible.
Kennedy LJ set out the terms of section 11(2) and (3) saying: "[The defendant] contends that the words 'sufficient in the opinion of the prosecutor to warrant the proceedings' are merely descriptive of the evidence, and that the prosecutor would not have to form his opinion before time begins to run. I accept that submission because otherwise the prosecutor, in full possession of all relevant information, can prevent time from running simply by not applying his mind to the case.
Section 11(2) is an exception to the normal rule that summary offences should be prosecuted within six months. As an exception in favour of the prosecution it should be strictly construed. The draftsman could have provided that proceedings for an offence under subsection (1) 'may be brought within a period of six months from the date on which the prosecution forms the opinion that there is sufficient evidence to warrant proceedings' but he did not do so."
Computer Misuse Act 1990 11 - Interception of Communications Act 1985 9
1 Citers
