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Other criminal law cases

The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
Page and summaryDate added to siteCategories
R v Taj [2018] EWCA Crim 1743 — (1) Appeal against conviction: "The defence sought to rely on self-defence as codified in s76 Criminal Justice and Immigration Act 2008 noting, in particular, s76(4)(b) which makes it clear that the defence is available even if the defendant is mistaken as to the circumstances as he genuinely believed them to be whether or not the mistake was a reasonable one for him to have made. Although s76(5) provides that a defendant is not entitled to rely upon any mistaken belief attributable to intoxication that was voluntarily induced, it was argued that as there was no suggestion that Taj had alcohol or drugs present in his system at the time, he was not 'intoxicated' and so was not deprived of the defence. It was also submitted that R v McGee, R v Harris, R v Coley [2013] EWCA Crim 223 supported the proposition that to be in a state of 'voluntarily intoxication' there had to be alcohol or drugs active in the system at the time of ..→2018-08-082018 cases, ICLR summary, Other criminal law cases, Sentence appeal cases, Transcript
Miller v DPP [2018] EWHC 262 (Admin) — "This is an appeal by way of case stated from a pre-trial ruling of the Black Country Magistrates' Court sitting at Dudley on 13 October 2016 in respect of an information preferred against the Appellant for failing to provide a specimen of blood in breach of section 7 of the Road Traffic Act 1988, not to exercise its discretion under section 78 of the Police and Criminal Evidence Act 1984 to exclude evidence of the drug drive procedure at Oldbury Police Station that led to the charge being made. ... On 24 June 2016, the Appellant was stopped by the police on suspicion of driving under the influence of drugs. When arrested and taken into custody, he behaved erratically and aggressively. It appears that he was known to the police as a person who had learning difficulties and autism. ... As Mr Scott submitted, the presence of an appropriate adult (whilst not being able to provide technical, legal or medical advice) would have provided the Appellant with the opportunity not only to have ..→2018-02-162018 cases, No summary, Other criminal law cases, Transcript
R v Brown (formerly Latham) [2015] EWCA Crim 1328, [2015] MHLO 100 — "The central ground of appeal is that the appellant's conviction is unsafe because the ruling of the judge – viz. that the appellant's conferences at court with his lawyers were to take place in the presence of two nurses from Rampton Hospital – breached his right at common law to consult privately with his lawyers and under Article 6(3)(c) European Convention on Human Rights to "defend himself through legal assistance of his own choosing" (with the concomitant right to private discussions with his lawyers). ... In our judgment, by way of an additional common law qualification or exception to the inviolable nature of legal professional privilege, and in what is likely to be an extremely narrow band of cases, it will be appropriate to impose a requirement that particular individuals can be present at discussions between an individual and his lawyers if there is a real possibility that the meeting is to be misused for a purpose, or in a manner, that involves impropriety amounting ..→2015-11-142015 cases, ICLR summary, MHLR summary, Other criminal law cases, Transcript
R v Ali [2014] EWCA Crim 1658, [2014] MHLO 87 — Confiscation order case with mental health background. One of the three principal issues was: "Whether the judge erred in not adjourning the appellant's case before proceeding with the confiscation hearing in order to seek further medical evidence about his re-admission to hospital and in refusing to stay the proceedings as an abuse of process in the light of the appellant's circumstances and mental health." 2014-08-082014 cases, ICLR summary, Other criminal law cases, Transcript
R (M) v Kingston Crown Court [2014] EWHC 2702 (Admin), [2014] MHLO 50 — M had admitted to GBH but the Crown wanted to pursue GBH with intent, and the judge made an order under s35 (remand for report) to gather evidence about intent. (1) The purpose of an order under s35 was to inform the court of a defendant’s fitness to plead and his diagnosis, not to advance one party’s claim. (2) The judge’s misinterpretation of s35 was a jurisdictional error so the High Court was entitled (despite the limitation in s29(3) Senior Courts Act 1981) to quash the order made under it. 2014-07-222014 cases, Brief summary, ICLR summary, Other criminal law cases, Transcript
R v Fry (David George) [2013] EWCA Crim 2337, [2013] MHLO 126 — Unsuccessful appeal against conviction. Summary from judgment: "The central complaints are that his legal team (a) failed to ensure that he was mentally and/or emotionally able to decide whether or not on give evidence; (b) failed to ensure that he properly understood that an adverse inference might be drawn by the jury if he did not give evidence; (c) failed to ensure that he properly understood that if he did not give evidence the jury would have no account from him as to the allegation made by SB, given that he had declined to answer questions during his police interview about those allegations; (d) failed to make the judge aware of his mental difficulties before she decided whether or not the jury should be directed that they might, subject to various conditions, draw an adverse inference from his failure to give evidence; (e) failed to place evidence of his mental condition before the jury to explain his failure to give evidence; and (f) in the circumstances to which we have ..→2013-12-302013 cases, Missing from Bailii, No summary, Other criminal law cases, Transcript
R v Farooqi [2013] EWCA Crim 1649, [2013] MHLO 108 — Unsuccessful criminal appeal based partly on the misconduct of a trial advocate, in which the Lord Chief Justice comments on the advocate's role. 2013-12-122013 cases, Brief summary, Other criminal law cases, Transcript
R (Nicklinson) v Ministry of Justice [2013] EWCA Civ 961, [2013] MHLO 65 — Assisted suicide. [Summary required; detailed external summary available.] 2013-08-082013 cases, ICLR summary, Other criminal law cases, Transcript
R v Dixon [2013] EWCA Crim 465, [2013] MHLO 42 — (1) Despite the appellant's intellect and condition the judge was entitled to permit the jury to draw an adverse inference from his failure to give evidence. (2) The appellant argued that fresh medical evidence showed the judge's decision was wrong, but this evidence was not admitted. (3) The appellant had been able meaningfully to participate in his trial, which was fair, and the conviction was safe. (4) The minimum term of the appellant's detention at Her Majesty's pleasure was reduced from 14 to 13 years. 2013-05-052013 cases, Brief summary, MHLR summary, Other criminal law cases, Transcript
B v R [2013] EWCA Crim 3, [2013] MHLO 7 — "This appellant was convicted of counts of rape and common assault upon his partner and of a minor offence of criminal damage to her house. There was clear evidence that at the time of the offences he had been mentally ill, affected by paranoid schizophrenia and harbouring a number of delusional beliefs. His appeal certainly raises the question what if any impact his mental illness had on the issues before the jury. It is said more generally to raise the question whether, when considering the issue of a defendant's reasonable belief in the complainant's consent to sexual intercourse, account can or cannot be taken of the mental condition of the defendant." [Summary required; detailed external summary available.] 2013-03-252013 cases, Detailed summary, ICLR summary, Other criminal law cases, Transcript
Court Martial in the case of Sergeant Nightingale [2012] MHLO 116 — (1) The accused pleaded guilty of possessing (a) a Glock 9mm pistol and (b) the following live ammunition: 122 x 9mm, 40 x 7.62mm, 50 x 9mm (frangible), 50 x .338 (armour piercing), 2 x .308, 74 x 5.56mm. (2) In mitigation he relied, inter alia, on evidence from a neuropsychologist and a clinicial psychologist to the effect that a brain injury had caused memory problems and confabulation. (3) He was sentenced to 18 months for the Glock and 6 months concurrently for the ammunition. 2012-11-192012 cases, Brief summary, Other criminal law cases, Transcript
R (Nicklinson) v Ministry of Justice [2012] EWHC 2381 (Admin), [2012] MHLO 77 — (1) Voluntary euthanasia is not a possible defence to murder. (2) The DPP is not under a legal duty to provide further clarification of his policy. (3) Section 2 Suicide Act 1961, in obstructing the claimants from exercising a right in their circumstances to receive assistance to commit suicide, is not incompatible with Article 8. (4) The GMC and the SRA are not under a legal duty to clarify their positions. (5) It was unnecessary in this case to decide whether or not the mandatory life sentence for murder, in a case of genuine voluntary euthanasia, is incompatible with the Convention. 2012-08-172012 cases, Brief summary, ICLR summary, Other criminal law cases, Transcript
R v Clinton [2012] EWCA Crim 2, [2012] MHLO 2 — In the new 'loss of control' partial defence to murder, which replaces the provocation defence, when determining whether a loss of self-control had a 'qualifying trigger' (as set out in s55(3) and (4) Coroners and Justice Act 2009) 'the fact that a thing done or said constituted sexual infidelity is to be disregarded' (s55(6)(c)). The Court of Appeal held that where sexual infidelity is integral to and forms an essential part of the context in which to make a just evaluation whether a qualifying trigger properly falls within the ambit of subsections 55(3) and (4), the prohibition in section 55(6)(c) does not operate to exclude it. 2012-01-172012 cases, Brief summary, Other criminal law cases, Transcript
R v Morris [1997] EWCA Crim 2564 — The judge erred in law in that he left the jury to decide whether the assault occasioned pyschiatric injury in the absence of appropriate expert evidence; he should have followed the decision in Chan-Fook. 2011-10-241997 cases, Brief summary, Other criminal law cases, Transcript
AG's ref (nos 37, 38 and 65 of 2010) sub nom R v Khan [2010] EWCA Crim 2880 — Sentencing case which includes an illustration of the principle that there is no presumption that a hospital order will be made as a consequence of the satisfaction of the conditions in s37(2). The court noted that 'there were recognised symptoms of a depressive illness which in Mrs Khan's case were absent or equivocal. She was sleeping well; she could concentrate; she had been fit to give evidence but declined to do so; she was selective in her submission to treatment. These features of Mrs Khan's illness were relevant to her ability to serve a sentence of imprisonment which, as the judge found, was richly deserved. This was not a case in respect of which it could be argued that Mrs Khan's mental condition had any causative influence upon her offending.' 2010-12-112010 cases, Brief summary, Other criminal law cases, Transcript
R v Maynard [2010] EWCA Crim 2854 — On appeal the conviction for murder had been reduced to diminished responsibility manslaughter, and a restricted hospital order was imposed. The appellant remained in prison 18 months later, largely because he had refused to cooperate in the belief that he would be released sooner if given a prison sentence. Based on his dangerousness, the gravity of the offence and the level of culpability, the court imposed a life sentence with a 10-year tariff. 2010-12-092010 cases, Brief summary, Other criminal law cases, Transcript
R v Hardy [2010] EWHC 1064 (QB) — A whole life order is the normal starting point for the murder of two or more persons where each murder involves sexual or sadistic conduct. That was such a case, of the utmost gravity, in which exceptionally Hardy's early acceptance of responsibility for his victims' death, his personality disorder at the time, his eventual pleas of guilty and such remorse as he expressed through his counsel carry little weight. A lengthy finite term would not suffice and a whole life order was made. 2010-05-222010 cases, Brief summary, Other criminal law cases, Transcript
R v Kluxen [2010] EWCA Crim 1081 — (1) Where the UK Borders Act 2007 requires (subject to exceptions, including certain detained psychiatric patients) the Secretary of State to make a deportation order in respect of a foreign criminal who has received a custodial sentence in relation to a single offence of at least 12 months, it is not appropriate for the court to recommend deportation. (2) Where because of the sentence imposed the UK Borders Act 2007 does not apply, deportation orders are appropriate only in exceptional cases. (3) As the Act applied, the recommendations for deportation were quashed. 2010-05-222010 cases, Brief summary, ICLR summary, Other criminal law cases, Transcript
R (F and Thompson) v SSHD [2010] UKSC 17 — The notification requirements in Part 2 of the Sexual Offences Act 2003 (the Sex Offenders Register) constitute a disproportionate interference with Article 8 rights because they make no provision for individual review of the requirements. 2010-04-222010 cases, Brief summary, Other criminal law cases, Transcript
R v Aspinall (Paul James) (1999) MHLR 12 — The failure to follow the requirements to have an appropriate adult in the interview of a mentally disordered suspect meant that, despite his apparent lucidity in interview, it was unfair to admit it in evidence. [MHLR.] 2010-02-261999 cases, Brief summary, MHLR summary, No transcript, Other criminal law cases
Yung v Procurator Fiscal, Edinburgh (2006) ScotHC HCJAC 70 — Appeal against against a finding acquitting the Y of three charges of assault on the ground that he was insane at the time of commission of the offences. [Summary required.] 2009-11-302006 cases, No summary, Other criminal law cases, Scottish cases, Transcript
C v Sevenoaks Youth Court [2009] EWHC 3088 (Admin) — (1) When trying a young child, and most particularly a child such as C who is only 12 with learning and behavioural difficulties, notwithstanding the absence of any express statutory power, the Youth Court has a duty under its inherent powers and under the Criminal Procedure Rules to take such steps as are necessary to ensure that he has a fair trial, not just during the proceedings, but beforehand as he and his lawyers prepare for trial; in this case, C required an intermediary. (2) As the MoJ had voluntarily accepted responsibility for the payment of intermediaries, the LSC decision not to provide funding was lawful. (3) The CPS decision to continue with the trial was lawful. 2009-11-302009 cases, Brief summary, Other criminal law cases, Transcript, Unfitness and insanity cases
R v Charisma [2009] EWCA Crim 2345 — The appellant argued that his mental condition had made it undesirable for him to have given evidence, so no direction under s35 Criminal Justice and Public Order Act 1994 (adverse inference from failure to give evidence) should have been given; he was unsuccessful. 2009-11-202009 cases, Brief summary, Other criminal law cases, Transcript
R v Pedley, Martin and Hamadi [2009] EWCA Crim 840 — (1) Guidance on the proper construction of the 'significant risk' test created by section 225 Criminal Justice Act 2003 for passing sentences of imprisonment for public protection (IPP) or other indeterminate sentences. (2) Such sentences are Convention compliant. 2009-10-082009 cases, Brief summary, Other criminal law cases, Transcript
R (Purdy) v DPP [2009] UKHL 45 — (1) The prohibition of assisted suicide in section 2(1) Suicide Act 1961 interfered with the claimant's Article 8(1) right to respect for private life (her personal autonomy and right to self-determination). (2) This interference - in cases of the suicide of a person who is terminally ill or severely and incurably disabled, who wishes to be helped to travel to a country where assisted suicide is lawful and who, having the capacity to take such a decision, does so freely and with a full understanding of the consequences - is not "in accordance with the law" as required by article 8(2), in the absence of an offence-specific policy by the DPP which sets out the factors that will be taken into account in deciding under s2(4) whether to prosecute. (3) Therefore the DPP was required to promulgate such an offence-specific policy. 2009-08-012009 cases, Detailed summary, ICLR summary, Other criminal law cases, Transcript
R (TF and Thompson) v SSHD [2009] EWCA Civ 792 — (1) The indefinite nature of the notification requirements of Part 2 of the Sexual Offences Act 2003 (the Sex Offenders Register) is a disproportionate breach of Article 8: there is no opportunity for review of the necessity of the requirements, and the case is stronger in the case of young offenders. (2) The scheme where it related to foreign travel did not breach article 4 ("right of exit") of EC Council Directive 2004/38. 2009-07-292009 cases, Brief summary, ICLR summary, Other criminal law cases, Transcript
R v G; R v J [2009] UKHL 13 — Detailed explanation of elements of, and defences to, s57 and s58 Terrorism Act 2000. It was not a "reasonable excuse" for G to possess terrorist material to wind up prison guards; he was responsible for his actions (applying M'Naghten's Case) and his schizophrenia could not make reasonable what was unreasonable. 2009-07-292009 cases, Brief summary, ICLR summary, Other criminal law cases, Transcript
R (P) v Barking Youth Court [2002] EWHC 734 (Admin) — The Youth Court, in considering fitness to plead, had wrongly adopted the procedure laid down for the Crown Court; s11(1) Powers of Criminal Courts (Sentencing) Act 2000 and s37(3) Mental Health Act 1983 provide a complete statutory framework for the determination by the Magistrates' Court, itself a creature of statute, of all the issues that arise in cases of defendants who are or may be mentally ill or suffering from severe mental impairment in the context of offences which are triable summarily only; the procedure is first to determine whether P did the acts alleged against him, and if so, then to consider, in the light of such reports as they may think necessary, whether the case is one for an order under s37(3)); for these purposes a youth court is a magistrates' court. 2009-07-102009 cases, Brief summary, Other criminal law cases, Transcript
R (Bitcon) v West Allderdale Magistrates Court [2003] EWHC 2460 (Admin) — Unsuccessful challenge to magistrates' revocation of s35 order. [Summary required.] 2009-06-142003 cases, No summary, Other criminal law cases, Transcript
R (S) v SSHD [2003] EWCA Civ 426 — Effect of being detained under section 3 on calculation of a prisoner's release date following licence revocation. [Summary required] 2009-06-142003 cases, No summary, Other criminal law cases, Transcript
R (South West Yorkshire Mental Health NHS Trust) v Bradford Crown Court [2003] EWCA Civ 1857 — Criminal law - High Court lacked jurisdiction. [Summary required] 2009-06-142003 cases, No summary, Other criminal law cases, Transcript
AG's ref (no 71 of 2002) sub nom R v Martin (Wayne) [2003] EWCA Crim 1824 — Prison sentence of 3 years increased to 8 (or 10?) years. 2009-04-112003 cases, No summary, Other criminal law cases, Transcript
AG's ref (no 83 of 2001) sub nom R v Fidler (Stephen David) [2001] EWCA Crim 2443 — Sentence upheld (community rehabilitation order for two years with requirements that the offender should reside where directed by the probation officer to include hospital or as an in-patient or out-patient and to take such medication as was prescribed). 2009-04-112001 cases, No summary, Other criminal law cases, Transcript
R v Colohan (Sean Peter) [2001] EWCA Crim 1251 — The appellant's argument that his schizophrenia brought him outside the provisions of the Protection from Harassment Act 1997 was rejected. 2009-04-112001 cases, No summary, Other criminal law cases, Transcript
R v Tabbakh [2009] EWCA Crim 464 — The judge was entitled to rule that it was open to the jury to draw adverse inferences from the fact that the appellant had not given evidence, and that the exception in s35(1)(b) Criminal Justice and Public Order Act 1994 (that it appears to the court that the physical or mental condition of the accused makes it undesirable for him to give evidence) did not apply to him even though he suffered from a mental health condition. 2009-03-262009 cases, Brief summary, Other criminal law cases, Transcript
R (Purdy) v DPP [2009] EWCA Civ 92 — The absence of a crime-specific policy relating to assisted suicide (identifying the facts and circumstances where it will not be in the public interest to prosecute) does not make the operation and effect of section 2(1) of the Suicide Act 1961 Act unlawful nor mean that it is not in accordance with law for the purposes of Article 8(2). [Overturned on appeal.] 2009-02-222009 cases, Detailed summary, ICLR summary, Other criminal law cases, Transcript
R (B) v DPP [2009] EWHC 106 (Admin) — The decision to discontinue a prosecution for wounding with intent and witness intimidation, on the basis that the victim's mental illness meant he could not be placed before the jury as a credible witness, was irrational on the facts; s49A Disability Discrimination Act 1995 added nothing to the ordinary position under public law principles; there had been a breach the positive obligation under Article 3 (which includes the duty to provide a legal system for bringing to justice those who commit serious acts of violence against others) and £8000 was awarded in compensation. 2009-02-022009 cases, Detailed summary, ICLR summary, Other criminal law cases, Transcript
R (Webb-Johnson) v DPP [2005] EWHC 3123 (Admin) — The District Judge had been wrong to proceed to hear the case in the absence of the claimant (who had mental health problems); the conviction was quashed and a retrial ordered 2009-01-172005 cases, Brief summary, Other criminal law cases, Transcript
R (TP) v West London Youth Court [2005] EWHC 2583 (Admin) — The Youth Court judge was not satisfied on the balance of probabilities that the claimant would be unable effectively to participate in the proceedings because of his low intellectual ability, so decided not to stay the proceedings for abuse of process; the claimant's judicial review application (on standard of proof, reasons and Article 6 grounds) failed. 2009-01-172005 cases, Brief summary, Other criminal law cases, Transcript
R (F and Thompson) v SSHD [2008] EWHC 3170 (QB) — The indefinite nature of the notification requirements of Part 2 of the Sexual Offences Act 2003 (the Sex Offenders Register) is a disproportionate breach of Article 8: there is no opportunity for review in the case of young offenders; there is no entitlement to have determined the question of whether the notification requirement continues to serve a legitimate purpose. 2008-12-222008 cases, Brief summary, Other criminal law cases, Transcript
R (Cooke) v DPP [2008] EWHC 2703 (Admin) — It would be wrong to make an ASBO against a person who by reason of mental ill health would not have the capacity to understand or comply with the order; however, the fact that a person would be likely to breach an order because he suffers from a personality disorder is not, of itself, a good reason for not making the order. 2008-12-102008 cases, Brief summary, Other criminal law cases, Transcript
R v Warwick (2008) NICC 42 — As the Mental Health (Northern Ireland) Order 1986 does not allow detention for personality disorder, the risks in this case could only be addressed by the imposition of a discretionary life sentence (which would be followed by a transfer to Carstairs) rather than a hospital order. 2008-12-062008 cases, Brief summary, Northern Irish cases, Other criminal law cases, Transcript
AG's reference (no 127 of 2006) sub nom R v H [2007] EWCA Crim 53 — The 14-year-old offender, who had an Adjustment Disorder, committed a savage murder to avoid his intended homosexual abuse of the 11-year-old victim being exposed. The judge concluded that the aggravating and mitigating features of the case cancelled each other out, and that the minimum term would remain at the starting point (for under-18 offenders) of 12 years. A minimum term of 15 years was substituted, having been reduced from 18 years due to the guilty plea. 2008-11-292007 cases, Brief summary, Other criminal law cases, Transcript
R (TB) v The Combined Court at Stafford [2006] EWHC 1645 (Admin) — TB was the main prosecution witness in the trial of the man who had sexually abused her. In order to undermine her credibility, the defence applied for a witness summons to obtain her psychiatric medical records. There was no procedural requirement for TB to be given notice of the application. The Crown Court issued a summons to that effect. Article 8 had been breached in that TB should have been given notice of the application and given the opportunity to make representations; it was not sufficient for the court to delegate her representation to the NHS Trust alone. 2008-11-292006 cases, Brief summary, Other criminal law cases, Transcript
R (Morley) v Nottinghamshire Health Care NHS Trust [2002] EWCA Civ 1667 — Disclosure of documents. 2008-10-152002 cases, No summary, Other criminal law cases, Transcript
R (Morley) v Nottinghamshire Health Care NHS Trust [2002] EWCA Civ 1728 — In relation to the Secretary of State's power to remit a transferred prisoner back to prison under s50, the patient has no right to make representations, although the circumstances may require the Secretary of State to make further enquiries. 2008-10-152002 cases, Brief summary, Other criminal law cases, Transcript
R (Thompson) v SSHD [2003] EWHC 538 (Admin) — Home Office policy of always making restriction direction except in specified circumstances was lawful and applied lawfully in the claimant's case; no legitimate expectation arose from a civil servant's erroneous statement of the law. 2008-09-122003 cases, Detailed summary, Other criminal law cases, Transcript
R v Ukpabio [2007] EWCA Crim 2108 — The Youth Justice and Criminal Evidence Act 1999 provide the complete statutory scheme for providing evidence via video link, and the court had no jurisdiction to direct that a defendant's evidence be given by video link (NB the 1999 Act has since been amended); however, in exceptional circumstances, it might be appropriate for a defendant to participate by video link, but this did not apply in this case and the refusal of video link facilities did not cause any prejudice; the restriction order was appropriate. 2008-02-222007 cases, Brief summary, Other criminal law cases, Transcript
R (Buckowicki) v Northamptonshire County Council [2007] EWHC 310 (Admin) — The judge's decision to impose a guardianship order is subordinate to the willingness of the local authority to accept the guardianship; the local authority has a wide discretion and were entitled to take the claimant's propensity to be violent and disruptive into account 2008-02-222007 cases, Brief summary, Other criminal law cases, Transcript

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The following 49 pages are in this category.

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