"Internet Law Book Reviews" Rob Jerrard LLB LLM (London)


Legal Cases: Criminal Law and Traffic


I am making my case decisions with comments available on this site. These cases were prepared for Police Journal as of the dates shown. These cases go back to 1992 and currently go on to 2003. They are useful for Criminal Law Study. They should not be accepted as representing the current law, some cases may have been overturned, overruled or superseded by subsequent cases or legislation, EG a QBD case may have gone on to the Court of Appeal or House of Lords. Cases were written and notes made as of the date shown. Legal advice should be sought before relying on any fact or matter contained therein.

2003

Onus of Proof in Drink Drive Cases: Reverse Burdens, Are They Legal? Sheldrake v DPP (2003) The Times, 25 February QBD


2002

"Criminal damage: test for threats is objective" - Regina v Cakmak Regina v Cavcav Regina v Talay Regina v Can Regina v Karaaslan Regina v Durukanoglu Court of Appeal, Criminal Division (2002) The Times, 28 March 2002

"I Buried it" - R v Murphy (Andrew) Destruction of Drugs Defence, (2002) The Times, 8 July Court of Appeal

DPP v Broomfield QBD Admin 8 August 2002- "I Telephoned you" Notice of Intended Prosecution

Offensive Weapon Sentencing: R v Poulton, R v Celaire, (2002) the Times, 31 October, Court of Appeal

Extradition Search is Lawful, Lords say Common Law Power still Applies: R (Rottman) v Commissioner of Police of the Metropolis and Another, (2002) The Times, 21 May, House of Lords

Revising and Updating Rape Sentencing Guidelines R v Millberry; R v Morgan; R v Lackenby (2002) The Times, 11 December, Court of Appeal.

Sentencing Those Having Indecent Pictures of Children, R v Oliver, Hartrey, Baldwin (2002)The Times, 6 December, Court of Appeal, Criminal Division

Too old at 24, Young man's defence not available at 24 years of age R v Kirk, Regina v Russell Court of Appeal, Criminal Division (2002) The Times, 26 June Unlawful sexual intercourse; Sexual Offences Act 1956, s. 6; European Convention on Human Rights, Arts 6 and 14; over 23 years


2001

Importing Indecent Photogrpahs: Knowledge of Ban sufficient for Guilt R v Forbes (Giles) (2001) The Times, 20 July

Covert Surveillance at police station violates rights-violation of Article 8: PG and JH v United Kingdom (2001) The Times, 19 October: European Court of Human Rights

Telephone Intercept Evidence inadmissible, R v Sargent (2001) The Times, 30 October, House of Lords

Duty of Care - Police had NO duty to stop offence: Protection from Eviction Act 1977. Cowan v Chief Constable of Avon and Somerset Constabulary, (2001) The Times, 11 December, Court of Appeal

Percy Again - Conviction for defacing flag is incompatible with Article 10 of the European Convention on Human Rights, Percy v DPP QBD (2001)The Times, 21 January

Blowing the whistle, 'I felt I had to do it! - 'R v Shayler Court of Appeal, Criminal Division (2001) The Times, 10 October Defence of necessity; Official Secrets Act 1989; breach of right to freedom of expression; European Convention on Human Rights, Art. 10; national security; disclosure of information; Interception of Communications Act 1985

Police video of defendants in magistrates' court for comparison with security video recording R v Loveridge (William) Regina v Lee (Charles Sonny) R v Loveridge (Christine) Court of Appeal, Criminal Division (2001) The Times,3 May Breach of right to privacy; admissible evidence; Criminal Justice Act 1925, s. 41; videoing defendants in cells

Section 24 of the Police and Criminal Evidence Act 1984, Objective justification determines lawfulness of arrest, Hough v Chief Constable of Staffordshire Police, (2001) The Times, February 14

Harassment - Inferring Threatening Conduct from Actions, R v Director of Public Prosecutions, (2001) The Times, February 20 QBD, Section 4 of the 1997 Act.

Affray - The offence requires threat to person present, I v Director of Public Prosecutions M v DPP H v DPP, (2001) The Times, March 09 2001, House of Lords

Entrapment: abuse of legal process for police to incite crime R v Looseley Attorney-General's Reference No 3 of 2000 House of Lords (2001) The Times, 29 October


2000

Lawfulness of arrest irrelevant in assault charge, Regina v Lee (2000) The Times, October 24, Court of Appeal, Section 38 1861 Act, as amended by section 63(3) of the Police Act 1964 and section 10(2) of the Criminal Law Act 1967

Identification parades are mandatory (compulsory) Regina v Forbes (Anthony Leroy) (2000) The Times, December 5, House of Lords

"Director of Public Prosecutions v Saddington (2000) The Times, November 1, QBD, Section 185(1) of the Road Traffic Act 1988, "Motor vehicle" a mechanically propelled vehicle intended or adapted for use on roads? Section 87(1) of the Road Traffic Act 1988,"

Theft "Accepting gift can be appropriation", R v Hinks (2000) The Times, October 27, House of Lords

"Theft Distinguishing appropriation and obtaining, Regina v Williams (Roy) (2000) The Times, October 25, Court of Appeal"

"It was me" Self-incrimination against Human Rights - Scottish Court Brown v Procurator Fiscal, Dunfermline, (2000)The Times, February 14, High Court of Justiciary (Scotland)

Indirect force sufficient to constitute offence of battery, Haystead v Director of Public Prosecutions, [2000] 3 ALL ER 850; (2000) The Times, June 2, Queen's Bench Divisional Court, s.39 Criminal Justice Act 1988.

Proving possession of firearm is sufficient, Regina v Nelson, (2000) The Times, March 7, Court of Appeal, Firearms Act 1968, s.17

Indecency with Children Act 1960 - Prosecution to prove absence of belief, (a Minor) v Director of Public Prosecutions, (2000) 1 ALL ER 833; (2000) The Times, February 25, House of Lords, Section 1 of the 1960 Act

Indecent Assault - Women consented through deceit to nature not quality of act, R v Tabassum (2000) The Times, May 26,;Court of Appeal

Duty to report accident although not driving, Cawthorn v Director of Public Prosecutions, [2000] RTR 45; The Times, August 31 1999 QBD

Breach of the Peace - Rules for common-law power of arrest, Bibby v Chief Constable of Essex Police, The Times, April 24 2000 Court of Appeal


1999

Dishonesty by acquiescence, not me, Can Silence be Deception? Regina v Rai (1999) The Times, November 10, Court of Appeal

Officers cannot remove items for sifting - Fishing expeditions not permitted when exercising a search warrant, R V Chesterfield Justices and Others, Ex parte Bramley; QBD, (1999) The Times, November 10

Downloading indecent Net images is 'making' photographs, R v Bowden, (1999) The Times, November 1999;Court of Appeal

Review failure made detention unlawful, Roberts v Chief Constable of Cheshire Constabulary, (1999) The Times, January 27;Court of Appeal

Detention Review by video link. Regina v Chief Constable of Kent Constabulary, Ex parte Kent Police Federation Joint Branch Board and Another, (1999) The Times, December 1; QBD

Police Officers failing to give their name and Station before search. Mustapha Osman v Southwark Crown Court, Judgment of the Court CO/2318/98; (1999) The Times, 1 July,;Queen's Bench Divisional Court

"We were only a Peaceful, Non-obstructive assembly" Demonstration not trespassory assembly. DPP v Jones and Another, House of Lords (1999) The Times, 5 March.

You can't make me: No power to enforce witness confrontation.R v Jones (Derek) R v Nelson (Gary) (1999) The Times, 21 April Court of Appeal.

Intimidation via messenger, Attorney-General's Reference (No 1 of 1999),(1999) The Times, July 6;Court of Appeal

Identification parades, R v Forbes, (1999) The Times, 5 May Court of Appeal & R v Popat No 2 case which says Forbes is misguided and unfortunate (wrong)

,Offence Weapon - Forgetfulness might be relevant, R v Glidewell, (1999) The Times, May 14 Court of Appeal

Duty of Care - Police owe informants duty of confidentiality, Swinney and Another v Chief Constable of Northumbria Police (No 2), (1999) The Times, May 25 QBD

Freedom to be offensive defended by court, Redmond-Bate v Director of Public Prosecutions, (1999) The Times, July 28 1999; QBD

Threat can be unperceived in proving an affray R v West London Youth Court, Ex parte M and Others (1999) The Times, July 7 QBD

Duty of Care - Police liability for cell suicide. Reeves v Commissioner of Police of the Metropolis (1999) The Times, 16 July House of Lords


1998

Apprehended breach must be imminent Foulkes v Chief Constable of Merseyside Police (1998) The Times, June 26; Court of Appeal (Civil Division)

Regina v Backshall (1998) The Times, April 10,;Court of Appeal, Driving without due care and attention, Necessity defence.

Batley v DPP (1998) The Times, March 5,QBD, "Interview" under PACE

Regina v Bentley (1998) The Times, July 31 Court of Appeal - Murder of PC Miles.

A Car park held not to be a "Road".(1998) The Times, October 23 House of Lords Clarke v Kato and Others Cutter v Eagle Star Insurance Co Ltd

Drink Drive:Addressing needle phobia of suspected drink-drivers. Director of Public Prosecutions v Jackson & Stanley v Director of Public Prosecutions (1998) The Times, 30 July;House of Lords

Wide discretion of chief constable to prevent breach of the peace (1998) The Times, November 16 1998;House of Lords Regina v Chief Constable of Sussex, Ex parte International Trader's Ferry

Police cannot recover over Hillsborough trauma (1998) The Times, December 4; House of Lords Frost and Others v Chief Constable of South Yorkshire Police and Others

Road traffic - keeping motor Vehicle on a public road without current vehicle excise - whether statutory exemption applies - Taking the vehicle for a prearranged MOT test and stopping off for petrol & cigarettes. Secretary of State for Transport V. Richards (1998)

Help Me - Duty to come to aid of fellow officer,Costello v Chief Constable of Northumbria Police, (1998) The Times, December 15 Court of Appeal

1997

Stabbing foetus who is born alive then dies can be Manslaughter but not Murder. Attorney-General's Reference (No 3 of 1994) (1997), The Times July 25 House of Lords

Head teacher's are not investigators under PACE, Director of Public Prosecutions v G (Duty to investigate) (1997) The Times, November 24; QBD

Firearms, Possession not use of weapon is crucial, Regina v Duhaney & Stoddart (1997) The Times, 9 December;The Court of Appeal

Strict Liability, Ignorance of nature of weapon no excuse, Regina v Densu (1997) The Times, December 10 Court of Appeal

Criminal law - aggravated burglary' - whether the offence can be committed if the weapon is not being carried by the burglar or one of the burglars entering the building - Theft Act 1968, s.1O. R. V. Klass 162 JP 105; The Times, 17 December 1997; Court of Appeal

Candid Camera: Hidden camera offence proved, Insulting Behaviour proved. Vigon v Director of Public Prosecutions, (1997) The Times December 9; QBD

Youth detention not akin to life sentence (1997) The Times, June 13 House of Lords Regina v Secretary of State for the Home Department, Ex parte Venables Regina v Same, Ex parte Thompson

No right to assemble on highway (1997) The Times, January 27 QBD. Director of Public Prosecutions v Jones and Another

1996

Grievous bodily harm by stalking, 160 J.P 794: (1996) The Times, July 30, R v Burstow, Court of Appeal

Police officers are subject to race bias Act, but the Chief Constable is not vicariously liable. (1996) The Times, October 10Court of Appeal Farah v Commissioner of Police of the Metropolis

(1996) The Times November 6Court of Appeal. Some rescuers can recover - even police officers. Frost and Others v Chief Constable of South Yorkshire Police and Others

Brute and Frankie: the de minimis Rottweilers, Causing fear does not obstruct highway. (1996) The Times July 26 Queen's Bench Division. Kent County Council v Holland

Covert listening device evidence admissible in criminal trial, R v Sang applied. Regina v Khan (Sultan).(1996) The Times, July 5 House of Lords

Arrest: The mind of the officer, Basis of reasonable grounds for suspicion - a re-affirmation of the principle. (1996) The Times, December 13 House of Lords. O'Hara v Chief Constable of the Royal Ulster Constabulary

Mortgage Fraud: Property does not pass in bank transfer; which Sections of the Theft Act 1968 are effective?. (1996) The Times, July 11 House of Lords. Regina v Preddy, Slade, & Dhillon

Public policy immunity for police. Silcott v Commissioner of Police of the Metropolis. (1996) The Times, July 9 Court of Appeal

Heavy Drink-Drivers WILL be fined R v Shoult (1996) The Times, 23 January

1995

Death after Antenatal Injury can be Murder, Attorney General's Reference (No.3 of 1994) (1995) The Times, November 29, Court of Appeal

Injury relevant in assault cases Regina v Nottingham Crown Court, Ex parte Director of Public Prosecutions, (1995) The Times, October 5

Inaction did not Pervert Justice: Am I My Brother's Keeper? R v Headley (1995) The Times, February 15 Court of Appeal

Assault includes Battery R v Lynsey (1995) 159 JP 437, Court of Appeal

Admitting Video Evidence: Violent Disorder, S.2 Public Order Act 1986 Football Match, R v Clare; R v Peach (1995) 159 JP 412, Court of Appeal

Keep out of my Shopping Mall: (Thief or Burglar?): CIN Properties Ltd v Rawlins and Others (1995) The Times, February 9

"Children Presumed Incapable of Crime unless Contrary is Proved" C (A Minor) v. Director of Public Prosecutions (1995) 158 JP 269, House of Lords

"The Plea of Self-Defence in Murder: Soldiers or Police Officers, No Special Case" R. v. Clegg (1995) The Times, January 25. House of Lords.

"Violence Required for Binding Over" Percy v DPP (1995) 158 JP 337

Parked car requires MOT and insurance certificate. Pumbien v Vines (1995) The Times June 14 Queen's Bench Divisional Court

You forced me R v Shortland (1995) The Times, 23 May Court of Appeal

No More than lewd Sexual Displays.Willowcell Ltd v Westminster City Council (1995) The Times, 14 April Court of Appeal

Private Clampers: The answer does not lie in the Criminal Law. Arthur and Another v Anker (1995) The Times, December 1.

Cheap Insurance; Road Traffic Act: Possessing a document with intent to deceive R v Aworinde (1995) 159 JP 618

I'm saying nothing - the rules on directing juries, a test challenge. Regina v Cowan Gayle & Ricciardi (1995) The Times, October 13

European law:that ever flowing tide: A new tributary? R v Chief Constable of Sussex. Ex parte International Trader's Ferry Ltd (1995) The Times July 31 Queen's Bench Division

Video recordings and Human Sexual Activity. Kent CC v Multi Media Marketing (Canterbury) Ltd and Another (1995) The Times, 9 May, Queen's Bench Division

Trespasser in entitled to the protection of the law Revill v Newberry (1995) The Times, November 3

1994

The Jury, Drink and Hotel Rooms, "Entering into the Spirit" A Case for Investigation. "Ouija Boards and a Jury" R v Young (Stephen) The Times, 30 December 1994

Speed Trap Evidence S.69 Police and Criminal Evidence Act 1984. Darby v Director of Public Prosecutions (1994) The Times 4 November

Police Dogs cannot be cross-examined! R v Pieterson and Holloway,(1994) The Times, 11th November

Assault on Police - Mistake over arrest, Kerr v Director of Public Prosecutions (1994) The Times, 5th August, House of Lords

Dishonest Prostitutes and Dishonest ClientsR v McFarlane (1993) The Times, 27 December, Court of Appeal & R v Linekar (1994) The Times 26 October

Fraud affecting consent in rape: Century old law upheld. R v Linekar (1994) The Times 26 October

Drink - Admissibility of evidence of drinking offence and, the court's view on sentencing. Regina v Woodward (Terence) (1994) The Times, 7th December, Court of Appeal

Passenger in Joyride, "allows himself to be carried"Ex parte Allgood (1994) The Times, 25 November

"Common Prostitute" confined to women prostitutes. Director of Public Prosecutions v Bull [1994] 158 J.P. 1005 Queen's Bench Division

Breath test PC need not specify offence DPP v Butterworth (1994) The Times, 22 July, House of Lords

Aggravated Vehicle Taking - Charging/Sentencing. Regina v Button(1994) The Times 21 October.Court of Appeal

1992 and Earlier Cases

Aggravated Vehicle-Taking: one effect of the Criminal Justice Act 1991.R v Bird (Simon).

Change in social attitudes to sex. R v Boyea

Consent No Defence to Sado-Masochistic Assaults, R v Brown Laskey Jaggard and others [1992] 2 WLR 441

Indecent assault: self-induced voluntary intoxication; no defence. R v C 156 J.P.649

Police Officer - Effective date of retirement on grounds of ill-health. R. v. Chief Constable of Northumbria Police and Another ex parte Charlton.

Undercover operation evidence admissible R v Christou and Wright R v Christou [1992] 3 W.L.R. 228

Failure to provide breath specimens - fear of AIDS: Reasonable excuse. De Freitas v DPP Does the fear of AIDS increase with time? DPP v Fountain (1987) The Times, 10 October (QBD)

Police power of entry limited to pursuit. D'Souza v Director of Public Prosecutions (1992), The Times, 16 October, House of Lords

Arrest made on unlawful ground Plange v Chief Constable of South Humberside Police, The Times, 23 March 1992

Precondition of Citizen's Arrest, R v Self (1992) 156 JP 397

Police Officers Discussing "THE CASE" R. v. Skinner

Don't switch the tape off. R v Paul Andrew Bryce (1992) 95 Cr.App.R. 320

Duty to provide custody officer. Vince v Chief Constable of Dorset.(1992) The Times, 17 September

"Interviews" and "Social" visits.R v Matthews Voss and Dennison, (1989) 91 Cr App R 43

Drugs: admissibility of third party's conviction. R v Warner and others (1992) The Times, 16 November

Warrants and the Police Three cases (1992) have highlighted possible pitfalls in the execution of warrants.
"Internet Law Book Reviews" Copyright Rob Jerrard