Court : House of Lords
..... the plaintiff mr adams issued proceedings on 25 june 2002 against the bracknell forest borough council claiming damages for negligence in failing to provide him with a suitable education. .....
Tag this Judgment!Court : House of Lords
..... in matrimonial affairs we are not dealing with objective standards, and it is not a matrimonial offence to fall below the standard of the reasonable man (or the reasonable woman). ..... if the trial judge in the exercise of his discretion comes to the conclusion that the conduct of the respondent is, notwithstanding the provocation received or the difficulties and stresses endured, really an inexcusable offence against the other spouse, his judgment should be respected as conclusive. ..... the question is whether the law of england requires that these two shall continue to live together and would regard her as guilty of the matrimonial offence of desertion if she left him. ..... cruelty is a matrimonial offence and an allegation of cruelty is a serious one. .....
Tag this Judgment!Court : House of Lords
..... and he was saying that, by the same token as the conviction there (notwithstanding that, as here, the claimant would never have committed the offence but for his injuries sustained through the defendants negligence) precluded any claim based on the losses directly sustained through his imprisonment, so too the fact of imprisonment had to be regarded as a vicissitude ..... 215 mustill lj dealt with the problem facing a sentencer where the defendant needs hospital treatment but his offence merits punishment: for the present purposes it is, we believe, sufficient to note that the choice of prison as an alternative to hospital may arise in two quite different ..... section 41 of the 1983 act required her to have regard to the nature of the offence, the antecedents of the offender and the risk of his committing further offences if set at large when considering whether the protection of the public from serious harm required the imposition ..... this may be because the offender is found to bear some significant responsibility for the offence notwithstanding his disorder, or because the link between the offending behaviour and the mental disorder is not clear at ..... the position might well be different if, for instance, the index offence of which a claimant was convicted were trivial, but his involvement in that offence revealed that he was suffering from a mental disorder, attributable to the defendants fault, which made it appropriate for the court to make a hospital order under section 37 .....
Tag this Judgment!Court : House of Lords
..... the possession of the accused in circumstances where the accused fails to establish their lawful origin, then the fact that any confiscation order is based on a finding of criminal conduct beyond the index offence will not offend either article 6(1) or 6(2)", but that where no suspicious assets are capable of being identified so as to require an explanation from the accused, then an order which necessarily ..... am in full agreement with all your lordships that the appellant is certainly wrong to contend that the only way of determining the benefit from drug trafficking (except, of course, in respect of an offence of which the defendant has been convicted) is on the basis of the section 4(3) assumptions, and i am content to assume that the course adopted in the present case is consistent with our ..... that, where the statutory assumptions are not deployed, then the prosecution must prove any relevant drug trafficking on which reliance is placed (other than that consisting in the offences of which the defendant has been convicted) to the criminal standard (although, if i have understood correctly, any benefit resulting from such trafficking would still only need ..... appellant (i) uncontentiously, for 510,000 under the criminal justice act 1988 in respect of benefit from the evasion of duty on the importation of cigarettes (an offence to which the appellant had pleaded guilty), and (ii) for 2,628,000 under the drug trafficking act 1994, with eight years imprisonment in default, the .....
Tag this Judgment!Court : House of Lords
..... which had earlier prohibited a number of bodies including the ira under the constitution (declaration of unlawful associations) order 1931 (no 73/1931), exercised a power conferred by section 18 of the offences against the state act 1939 to declare "that the organisation styling itself the irish republican army (also the ira. ..... the attorney general, pursuant to section 15(1) of the criminal appeal (northern ireland) act 1980 as raising the following question: "does a person commit an offence contrary to section 11(1) of the terrorism act 2000 if he belongs or professes to belong to the 'real irish republican army'?" 28. ..... point of law for the opinion of the court of appeal in northern ireland under section 15 of the criminal appeal (northern ireland) act 1980: "does a person commit an offence contrary to section 11(1) of the terrorism act 2000 if he belongs or professes to belong to the real irish republican army? ..... interpretation, namely that, as the provisions of the 2000 act with which we are concerned are penal in effect (since section 11 of the 2000 act makes it an offence to belong or profess to belong to a proscribed organisation), the provisions of the 2000 act must be construed strictly. ..... from these facts the court of appeal inferred, first (para 29), that in making it a criminal offence to belong or profess to belong to the ira the legislature considered that such a provision was efficacious to make membership of both the official and the provisional ira illegal and, .....
Tag this Judgment!Court : House of Lords
..... looking at the alternative analysis, to say that the appellant is, under s.11(5), accused of the commission of the extradition offence in respect of which he has already been convicted and sentenced, although the conviction and sentence are not final and he is not liable to go to prison unless and until after his appeal is unsuccessful, also ..... the district judge at the extradition hearing, he was not a person alleged to be unlawfully at large after conviction of the extradition offence for the purpose of section 11(4), because although convicted his extradition is not sought for the purpose of ..... on the evidence the appellant falls within section 11(5) of the act as a person accused of the commission of an extradition offence but not alleged to be unlawfully at large after conviction of it, not within section 11(4) as a person alleged to be unlawfully at large ..... parts i to iii of the 1881 act were very largely directed to persons accused of having committed a relevant offence, but section 34 (in part iv) extended the scope of the act, where appropriate, to a person convicted by a court in any part of her majestys dominions who was unlawfully at large before the ..... parties undertake to surrender to each other, subject to the provisions and conditions laid down in this convention, all persons against whom the competent authorities of the requesting party are proceeding for an offence or who are wanted by the said authorities for the carrying out of a sentence or detention order. .....
Tag this Judgment!Court : House of Lords
..... in proceedings against a person under section 37 of the health and safety at work etc act 1974 is it sufficient as regards the predicate offence under section 3 of the act that the prosecution proves merely a risk of injury arising from a state of affairs at work, or, need it go on to identify and prove specific breach or breaches of ..... taylor of gosforth cj said at p 980 that where consent is alleged against him, a defendant has to be proved to know the material facts which constitute the offence by the body corporate and to have agreed to its conduct of the business on the basis of those facts. ..... jc 74, 78 lord justice general emslie said the section is concerned primarily to provide a penal sanction against those persons charged with functions of management who can be shown to have been responsible for the commission of the offence by a body corporate, and that the functions of the office which he holds will be a highly relevant consideration. ..... way in which this case was presented by the prosecution, it was incumbent on the judge specifically to direct the jury that they must unanimously be sure that one or more of the particulars relied on as supporting the offence was made out and that this gave rise to a breach of duty under section 7. ..... of a director, manager, secretary or other similar officer under section 37 requires it first to be established that a body corporate of which he is an officer has committed an offence under one of the other provisions in that part of the act. .....
Tag this Judgment!Court : House of Lords
..... appropriate measures, particularly in the field of training of law enforcement authorities and other bodies, and in the fields of education, culture, information, media and public awareness raising, with a view to preventing terrorist offences and their negative effects while respecting human rights obligations as set forth in, where applicable to that party, the convention for the protection of human rights and fundamental freedoms, the international covenant on civil ..... ." the council of europe convention on the prevention of terrorism of 16 may 2005, recalling in its preamble "the need to strengthen the fight against terrorism and reaffirming that all measures taken to prevent or suppress terrorist offences have to respect the rule of law and democratic values, human rights and fundamental freedoms as well as other provisions of international law, including, where applicable, international humanitarian law", went on to provide: "article 3 - ..... that the statements in question are sought to be relied upon not to convict the appellant of any offence but rather to found such suspicion and belief as would justify his continued detention under section 23 ..... the court of appeal's decision in r v mullen [2000] qb 520 were similar to those in bennett, save that a fair trial had already taken place and mullen had already been convicted of very serious terrorist offences, and sentenced to 30 years' imprisonment, before he was alerted to the misconduct surrounding his abduction from zimbabwe .....
Tag this Judgment!Court : House of Lords
..... hardened criminal's feelings and sense of outrage, when the victim of a miscarriage of justice for which the conduct of the authorities in the investigation and prosecution of the offence may be in part responsible, are different in kind from those of a person with no criminal record who finds himself in a similar position is to my mind ..... non-pecuniary loss figure attributable to "suffering, harm to reputation or similar damage", taking into account "the seriousness of the offence of which the person was convicted and the severity of the punishment resulting from that conviction" (para (a) of subsection (4a) and "the conduct of the investigation and prosecution of the offence" (para (b) of the subsection"), and then to deduct from that figure a percentage attributable to the person's previous criminal ..... of any compensation payable under this section to or in respect of a person as is attributable to suffering, harm to reputation or similar damage, the assessor shall have regard in particular to (a) the seriousness of the offence of which the person was convicted and the severity of the punishment resulting from the conviction; (b) the conduct of the investigation and prosecution of the offence; and (c) any other convictions of the person and any punishment resulting from them. ..... sentencing analogy, the role of a judge in sentencing is to take account of the nature of the offence, the nature of the accused's criminal conduct and what the public interest requires, as well, no doubt, .....
Tag this Judgment!Court : House of Lords
..... this raises the question whether a person who by legal tests and standards is sane and who is charged with a criminal offence could be held to be non-accountable for his actions so as to be not guilty of the offence charged against him on the basis that his actions had been unconscious ones and in that sense involuntary. ..... there is an absolute prohibition against that offence, whether he had a guilty mind or not. ..... nevertheless, one must not lose sight of the overriding principle, laid down by this house in woolmington's case (supra), that it is for the prosecution to prove every element of the offence charged. .....
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