Court : House of Lords
..... in lord dunedin's view as expressed in the last mentioned case a conspiracy to injure is a criminal offence and therefore either the object aimed at or the means used (the noble lord uses both expressions) were illegal. ..... it is true that under the combination act of 1800 it was a criminal offence for workmen to combine together for the purpose of securing higher wages or shorter hours of work or of controlling employers on the conduct or management of their business. ..... whether there be combination or not, it may be a criminal offence and an actionable wrong to induce another to do what is unlawful or to do what is lawful by unlawful means. ..... persons on the " stop list" were, however, allowed to purge their offence by paying a fine if the association accepted it. ..... no one was harmed; but the public offence was complete. ..... appears to be some opposition between lord sumner and lordcave, who not only leaves out that element in stating his two propositions, but in express terms says that a motive of spite is not an essential element of the offence. .....
Tag this Judgment!Court : House of Lords
..... freedoms in so far as they provide that he will be released at the two-thirds point of his sentence on licence with conditions and be liable to be recalled to prison (he having committed the index offences before the criminal justice act 1991 came into force), and at a time when he would have expected (subject to good behaviour) to be released at the two-thirds point of any sentence unconditionally, pursuant ..... that the offender is punished in exactly the same way as he would have been punished at the time of the offence, but to ensure that he is not punished more heavily than the relevant law passed by the legislature would have ..... - 315a, para 109: "it seems to me difficult to escape the conclusion that the meaning of the provision is that the penalty which was 'applicable' at the time the criminal offence was committed is that which a sentencer could have imposed at that time, ie the maximum sentence then prescribed by law for the particular ..... an obvious example is the increase in the maximum sentence for indecent assault on a woman from two years to ten years by the sexual offences act 1985: persons convicted after the date on which that act came into operation of indecent assaults committed before that date could not be sentenced ..... nevertheless, the equivalent legislation for england and wales took the precaution of protecting those sentenced to life imprisonment for offences committed before the change from a longer tariff than that already fixed or likely to have been fixed under .....
Tag this Judgment!Court : House of Lords
..... and the 1st day of march 2002 conspired together and with persons unknown to convert property, namely banknotes, for the purpose of assisting another to avoid prosecution for a drug trafficking offence and/or a criminal offence or avoiding the making of or the enforcement of a confiscation order, knowing or having reasonable grounds to suspect that such property in whole or in part, directly or indirectly, ..... used to be contained in section 93c(2) of the criminal justice act 1988 (as amended by the criminal justice act 1993 and now replaced by part 7 of the proceeds of crime act 2002): "a person is guilty of an offence if, knowing or having reasonable grounds to suspect that any property is, or in whole or in part directly or indirectly represents, another person's proceeds of criminal conduct, he - (a) conceals or disguises that property; or (b) ..... prove is that the defendant agreed with another person that a course of conduct should be pursued which would result, if completed, in the commission of a criminal offence, and further that they both knew any facts they would need to know to make them aware that the agreed course of conduct would result in the commission of the ..... in montila, taken together with sections 1(1) and 1(2) of the 1997 act, was that a person could not be guilty of a conspiracy to commit an offence against section 49(2) or section 93c(2) unless he and another person knew at the time of the agreement that the property was the proceeds of drug trafficking or .....
Tag this Judgment!Court : House of Lords
..... conduct which was alleged against him did not satisfy the dual criminality requirements of section 64(3) of the 2003 act because part of it occurred at a time when such conduct did not constitute an offence under english law; and (3) that the warrant did not satisfy the requirements of section 64(3) of the 2003 act because it did not set out or otherwise make available the text of the ..... spain, must succeed both as to issue one (to prevent surrender under section 64(2) of the extradition act 2003 on the ground that the conduct falls within the framework list and is on that basis an extradition offence), and as to one or other (or both) of issues two and three (to prevent surrender under section 64(3) on the ground that the conduct in any event satisfies the dual criminality test and is on ..... that has adopted the form set out in the annex to the framework decision will have included a description of the "nature and legal classification of the offence(s) and the applicable statutory provision/code" and, if it is an offence said to fall within one or other of the article 2(2) categories, the relevant category will have been identified with a tick (see box (e) ..... was based was an order by judge juan del olmo galvez that the appellant should be subject to unconditional temporary imprisonment to await his trial for the offence of collaboration with an islamist terrorist organisation in connection with explosions that took place in four trains in madrid, with much loss of life, on 11 .....
Tag this Judgment!Court : House of Lords
..... ? in its judgment given on 21 march 2003 ([2003] ewca crim 762, [2003] 3 wlr 1153, latham lj, hunt and hedley jj) the court of appeal answered (1) that the ingredients of the offence were set out fully in section 11(1), and (2) that the defence in section 11(2) imposed a legal rather than an evidential burden and was compatible with article 6(2) of the convention and would not, save perhaps in ..... . the court went on, in para 29, to refer with approval to a judgment of the paris court of appeal, holding that the specific character of customs offences does not deprive the offender of every possibility of defence since "the person in possession may exculpate himself by establishing a case of force majeure" ("le d tenteur peut s'exon rer par la preuve de la ..... accepted (hansard, (hl debates) vol 490, 23 november 1987, cols 474, 475), and section 139(4) of the criminal justice act 1988, as enacted, provides: "it shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place". ..... in brown v united kingdom appn no 44223/98, 2 july 2002 (unreported): article 6(2) of the convention was not violated by a provision which enabled a newspaper proprietor or publisher to escape strict liability under section 4(5) of the sexual offences (amendment) act 1976 only if he proved, on the balance of probabilities, that he was in no way at fault in connection with the offending publication. 16. .....
Tag this Judgment!Court : House of Lords
..... so far as material, section 71(1) of the criminal justice act 1988, as amended, provides: "(1) where an offender is convicted, in any proceedings before the crown court or a magistrates' court, of an offence of a relevant description, it shall be the duty of the court - (a) if the prosecutor has given written notice to the court that he considers that it would be appropriate for the court to proceed under ..... section 71(1), as amended, reads as follows: "where an offender is convicted, in any proceedings before the crown court or a magistrates' court, of an offence of a relevant description, it shall be the duty of the court - (a) if the prosecutor has given written notice to the court that he considers that it would be appropriate for the court to proceed under ..... above shall have effect as if the words from 'before sentencing' onwards were omitted; (b) that subsection shall further have effect as if references to an offence that will be taken into consideration in determining any sentence included references to an offence that has been so taken into account; and (c) section 72(5) above shall have effect as if after 'determining' there were inserted 'in relation to any offence in respect of which he has not been sentenced or otherwise dealt with". ..... (9) in sentencing, or otherwise dealing with, the defendant in respect of the offence, or any of the offences, concerned at any time during the specified period, the court shall not - (a) impose any fine on him; or (b) make any such order .....
Tag this Judgment!Court : House of Lords
..... 65(1) of the 1998 act, a constable may reprimand or warn a young offender only if he has evidence of the commission of an offence such as to give a realistic prospect of conviction; if the offender admits the offence; if the offender has not previously been convicted of an offence; and if the constable is satisfied that it would not be in the public interest for the offender to be prosecuted. ..... standard form told him that a decision had been made that he was to receive a caution for the offence of assault occasioning actual bodily harm for which he had been interviewed. ..... but the views of victims, although an important factor in determining the seriousness of an offence, are not conclusive, and victims should not be involved in decisions on disposals for young offenders, which are the responsibility of the police alone (para ..... repeated that if mr whalley appeared before a court and was found guilty of another offence then details of this caution might be given to the court. ..... requirement is that the offender signs a document admitting the detailed offence and consenting to the caution on the specified conditions. ..... 2003 mr jones, acting as a private prosecutor, laid an information against mr whalley, charging him with assault occasioning actually bodily harm contrary to section 47 of the offences against the person act 1861. ..... reported to the greater manchester police, and an officer of that force interviewed mr whalley concerning an offence of assault occasioning actual bodily harm. .....
Tag this Judgment!Court : House of Lords
..... ' as he would prefer to characterise it) provided only that it does not arise solely from the seriousness of the charge (as it had in ilijkov) but rather, as here, from a combination of that and a previous conviction for another such serious offence; and provided also that it does not operate (as, again, it had in ilijkov but does not here) so as to preclude the judge from taking account of all relevant considerations in deciding whether or not the statutory assumption is displaced. ..... need for the extension is due to (i) the illness or absence of the accused, a necessary witness, a judge or a magistrate; (ii) a postponement which is occasioned by the ordering by the court of separate trials in the case of two or more accused or two or more offences; or (iii) some other good and sufficient cause; and (b) that the prosecution has acted with all due diligence and expedition." 18. ..... the court shall have regard to such of the following considerations as appear to it to be relevant, that is to say (a) the nature and seriousness of the offence or default (and the probable method of dealing with a defendant before it), (b) the character, antecedents, associations and community ties of the defendant, (c) the defendant's record as respects the fulfilment of his obligations under previous grants of bail in .....
Tag this Judgment!Court : House of Lords
..... statutory code was well adapted to the use of exclusion as a punishment for a serious disciplinary offence, imposed in the interests of the education and welfare of the pupil and others in the school ..... i will not be pursuing a civil action against you regarding the arson offence, but your failure to attend the meeting confirms to me that it would be entirely unsuitable for [the respondent] to continue further at ..... 64(1), which says that the exclusion must be for a fixed period or permanently, suggests that parliament contemplated that it would be used only when a disciplinary offence has actually been established and an appropriate "sentence" must be imposed. ..... was not being excluded "on disciplinary grounds" except in the broad sense that it was thought necessary to exclude him while an allegation of a disciplinary offence was being investigated. ..... teacher had not concluded, and was not in a position in which she could have concluded, that any of them was responsible for the fire or guilty of any disciplinary offence. ..... that the departmental guidance misconstrued the statute and that a pupil can be excluded "on disciplinary grounds", permanently or for a fixed period according to the code, even though he cannot be proved to have committed any disciplinary offence. ..... case of a pupil excluded pending a prosecution for sexually assaulting another pupil, that the exclusion could be justified only if the panel found, in advance of the trial, that the excluded pupil was guilty of the offence. .....
Tag this Judgment!Court : House of Lords
..... so under section 127(1)(a): the very act of sending the message over the public communications network (ordinarily the public telephone system) constitutes the offence even if it was being communicated to someone who the sender knew would not be in any way offended or distressed by it. ..... the genealogy of this section may be traced back to section 10(2)(a) of the post office (amendment) act 1935, which made it an offence to send any message by telephone which is grossly offensive or of an indecent, obscene or menacing character. ..... , it is plain from the terms of section 127(1)(a), as of its predecessor sections, that the proscribed act, the actus reus of the offence, is the sending of a message of the proscribed character by the defined means. ..... sometimes the words of the section which creates a particular offence make it clear that mens rea is required in one form or ..... improper use of public electronic communications network (1) a person is guilty of an offence if he (a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or (b) causes any such message or matter to be so ..... by section 127(1)(a) of the communications act 2003 it is an offence to send a message that is grossly offensive by means of a public electronic communications ..... 11(1)(b) of the post office act 1953 and 85(3) of the postal services act 2000 made it an offence to send certain proscribed articles by post. .....
Tag this Judgment!