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Case Law
3174 cases across 17 courts
3174 cases
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Although this case is only concerned with the special Act for the Oldham Corporation, the provisions therein contained with reference to the formation and a pplication of a reserve are not essentially different from...
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Appeal by London Stadiums Ltd from an order of Lord Goddard CJ made on 11 July 1949, reported a nte, p 362, in which he held that by reason of the sale (within two years of the a llotment) by “existing companies” of...
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A writ of a ppraisement had been issued on 11 December 1947, on the information of a Customs officer, and pursuant to that writ an indenture was made on 20 December 1947, valuing and a ppraising the ship and goods as...
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Appeal by the Crown from an order of the Court of Appeal, dated 16 November 1955, and reported sub nom HRH Prince Ernest Augustus of Hanover v A-G [1955] 3 AllER 647, reversing an order of Vaisey J dated 1 March 1955,...
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Shelley v London County Council, Harcourt v London County Council [1947] 2 AllER 720, [1948] 1 KB 274, [1948] LJR 333, a ffd HL, [1948] 2 AllER 898, [1949] AC 56, [1949] LJR 57, 113 JP 1, 31 Digest (Repl) 616, 7317.
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Then there is a proviso concerning the right of appeal to the General or other Commissioners “which a person would have apart from the regulations.” That refers to the wage earner whose tax is being collected from him...
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(1) Having regard to the presumption of innocence in art 6(2) a of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (as set out in Sch 1 to the Human Rights Act 1998) and the...
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The respondents were charged with forgery of United Kingdom national insurance stamps contrary to s 4(2)(a)a of the Forgery Ordinance of Hong Kong and with possession of implements for forgery contrary to s 11(d)b of...
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Sentence – Life imprisonment – Discretionary life sentence – Minimum period of imprisonment – Guidelines – Requirement that court have regard to guidelines – Discount for guilty plea – Maximum discount where offender...
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This was a reference by the Attorney General under s 36 of the Criminal Justice Act 1972 for the opinion of the Court of Appeal on the following point of law: where two persons fight (otherwise than in the course of...
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Sentence – Life imprisonment – Discretionary life sentence – Adult defendant committing a ‘ serious offence ’ – Defendant having previous conviction for another ‘ serious offence ’ – Whether exceptional circumstances...
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Lawful authority was defined in s 3c which provided that conduct consisting in the interception of a communication was authorised (i) if the communication was one which was, or which that person had reasonable grounds...
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namely a video cassette, contrary to s 2 of the Obscene Publications Act 1959 and were a cquitted by the jury on the direction of the judge. The Attorney General referred, under s 36 of the Criminal Justice Act 1972,...
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Pursuant to s 36 of the Criminal Justice Act 1972, the Attorney General referred to the Court of Appeal for its opinion points of law a rising on the a cquittal of A, on 22 May 2002 in the Crown Court, on an indictment...
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In the course of an a rgument on the landing of a maisonette the a ccused pushed the deceased causing her to fall backwards over a handrail and head first onto the floor below. Almost immediately a fterwards the a...
Determination a ccordingly.
A thief, who was a fellow employee of the a ccused, had a bank account into which she paid cheques that she received from their employer. Those cheques represented (i) sums earned by, and due to, her fellow employees,...
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A man was a ssaulted and fell to the ground hitting his head. He was taken to hospital where police officers a ttended with a view to investigating the a ssault. They a rrested him there on the ground of an a...
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The English law on entrapment has not been modified by the right to a fair trial under art 6a of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (as set out in Sch 1 to the...
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In January 1997 a woman was raped by a burglar in her own home. Swabs were taken from her body and a DNA profile was obtained from semen found on those swabs. That profile was then placed on the national DNA database....
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The defendant stabbed a young woman, who was to his knowledge pregnant with his child. No injury to the foetus was detected and the defendant pleaded guilty to a charge of wounding the woman with intent to cause her...
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In January 1997 a woman, HB, was raped by an unknown a ssailant. Swabs were taken from her body and a DNA profile was obtained from semen found on those swabs. That profile was then placed on the National DNA Database....
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Following an incident at a residential property the defendant was charged with a ggravated burglary and committed for trial in the Crown Court. At the trial it was common ground that at the time when the defendant...
The fact that the death of the child is caused solely in consequence of injury to the mother rather than as a consequence of injury to the foetus does not negative any liability for murder and manslaughter provided that the jury are satisfied that causation is proved.
In May 1990 the respondent stabbed his girlfriend, who was to his knowledge pregnant with his child. No injury to the foetus was detected and the respondent pleaded guilty to a charge of wounding his girlfriend with...
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Following previous a ttacks on their property the complainants maintained a night-time watch over their premises from a motor vehicle. In the early hours of the morning another car containing the respondents a...
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In September 1981 in the Crown Court at Leeds before his Honour Judge Hurwitz and a jury, five youths (the defendants) were indicted on an indictment which included a count of a ffray against them. At the end of the...
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Informations were preferred against the a ppellant charging him with being in possession of two rifles without a firearm certificate, contrary to s 1 a of the Firearms Act 1968. Both guns had originally been...
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Customs and excise – False declaration – Declaration untrue in a material particular – Untrue declaration made knowingly or recklessly – Jurisdiction of Crown Court to try offence – Whether knowledge or recklessness...
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Sentence – Deferred sentence – Review of sentence by Court of Appeal – Review on ground sentence unduly lenient – Whether deferred sentence a ‘ sentence ’ which can be reviewed by Court of Appeal – Criminal Appeal Act...
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On 26 April 1998 there was a serious disturbance in a prison involving considerable violence. On 11 February 2000 informations were laid against seven prisoners. On 16 June 2000 those seven defendants were committed...
Opinion a ccordingly.
Following a rail a ccident in which seven people died, the defendant company was charged with seven counts of manslaughter. At trial, the judge ruled that it was a condition precedent to a conviction for manslaughter...
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On 3 February 1995 in the Crown Court at Southwark before Judge Cotran and a jury the respondent was a cquitted by the jury of four offences of exercising control over prostitutes contrary to s 31 of the Sexual...
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The National Rivers Authority (the NRA) brought proceedings against a sewerage undertaker a lleging that it had polluted a river with effluent from a sewage works contrary to s 107a of the Water Act 1989. The...
Opinion a ccordingly.
flashing yellow lights. Two persons standing between the two vehicles received fatal injuries when the van was pushed into the recovery vehicle. Marks on the road showed that the respondent ’ s lorry had braked only at...
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The two defendants, who were the shareholders and directors of various companies engaged in property development and money lending, were each charged, either individually or jointly, with theft from the companies,...
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Although a person may make a petrol bomb with the lawful object of protection against imminent a pprehended a ttack, if he remains in possession of the bomb after the threat of the a pprehended a ttack has passed, his...
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A company had copies of a film in its possession for publication for gain to licensees of cinemas. The intention of the company was that the film should be hired by cinema licensees for showing to the public in the...
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A van which was being driven erratically was stopped by two police officers, one of whom required the driver to provide a specimen of breath for a breath test. The driver was smoking. The constable was ignorant of the...
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The defendants were a married couple whose daughter had been a rrested a broad and charged with a criminal offence. Their friends and neighbours launched an appeal, principally to meet the travelling and other expenses...
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The Attorney General referred to the Court of Appeal under s 36 of the Criminal Justice Act 1972 the following questions for consideration: (i) whether, on a charge against a company director of consenting to the a...
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The first respondent operated a business of collecting and disposing of highly toxic industrial waste and oils, which it discharged by licence into the local sewerage system operated by the sewerage undertaker for the...
Opinion a ccordingly.
the consideration of the court: whether, on a charge of a ttempted rape, it is incumbent on the prosecution, as a matter of law, to prove that the defendant physically a ttempted to penetrate the woman ’ s vagina with...
Opinion a ccordingly.
The respondent, a former employee of a wholesaler, visited the wholesaler ’ s premises with his new employer to purchase some machinery and, while the staff were otherwise engaged, keyed instructions into the...
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On 16 August 1987 the respondent, a police officer in the Metropolitan Police, was called to an incident following a wedding party which resulted in two brothers named M being a rrested and charged with public order...
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The Attorney General referred to the Court of Appeal for review under s 36 of the Criminal Justice Act 1988 the sentence of three years ’ imprisonment imposed on the defendant by trial judge in the Crown Court...
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The a ppellant contemplated making a take-over offer for a publicly-quoted company and had discussions with the company ’ s merchant bankers. Shortly a fterwards, the company ’ s chairman a greed to the company being...
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The respondent was interested in purchasing a publicly-quoted company and had discussions with the company ’ s merchant bankers. Shortly a fterwards, the company ’ s chairman a greed to the company being taken over by...
Opinion a ccordingly.
The Attorney General referred, under s 36 of the Criminal Justice Act 1972, the following points of law for the opinion of the court. (i) If an employee contracts with his employer to sell on his employer ’ s premises...
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The defendant received her pay from her employer by a direct debit system by which the employer ’ s bank account was debited, and the defendant ’ s bank account credited, with sums due to the defendant as her pay....
Declaration a ccordingly.
This was a reference by the Attorney General, under s 36 of the Criminal Justice Act 1972, for the opinion of the Court of Appeal, Criminal Division, on two points of law a rising in a case where the respondents and...
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In the early hours of the morning when there were normally no customs officials on duty the defendants unloaded a quantity of smuggled cannabis from a cargo vessel docked at a quayside. unknown to the defendants, they...