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Case Updates

We regularly review cases and comment on those we find may be of interest.  Below you will find our latest case updates.

R v Lane & Letts

The Supreme Court held that the principle that the court must read words requiring mens rea into a statutory section is only one of statutory interpretation. It does not empower the court to make different provision for mens rea than is unambiguously provided for in the wording of the statute.
20 November 2018

Cyprian Okoro (No3) v R

This case concerned the elements that had to be made out for an individual to be proved to have had possession of a digital file. This arose in the context of an appeal against convictions for possession of indecent photographs of a child, contrary to section 160(1) of the Criminal Justice Act 1988, and possession of extreme pornographic images, contrary to section 63(1) of the Criminal Justice and Immigration Act 2008.
20 November 2018

R v TL

There can be an abuse of process through entrapment by non-state actors, but such an abuse of process argument succeeding will be rare indeed.
1 October 2018

R v Tunstill

The Court held that Section 1(1) of the Infanticide Act 1938 does not require the consequences of giving birth to be the sole cause of a disturbance of the mind, provided they are an operating and substantial cause.
1 October 2018

Commissioner of Police of the Metropolis v DSD and another

Duty on police to investigate
3 May 2018

R v Pogmore

The offence of blackmail can be committed by sending a demand whilst outside of England and Wales.
3 May 2018

Lauri Love v The Government of the United States of America & Liberty

The High Court has ruled that Mr Love should not be extradited to the US to face charges as it would be “oppressive” for him to be tried in the US, but not the UK.
20 March 2018

Oraki v DPP

Self-defence, or defence of another, is available as a defence to a charge of obstructing a police officer under s.89(2) of the Police Act 1996.
20 March 2018

R v RJ

When considering how to adduce apparently similar evidence, care is needed in deciding on what basis the evidence should be admitted or excluded.
7 February 2018

Loake v CPS

The defence of insanity is available on a charge of harassment contrary to Section 2(1) of the Protection from Harassment Act 1997.
7 February 2018

Lewis & Anor, R v

A terminatory ruling in a murder case was upheld, despite highly suspicious circumstantial evidence, where there were too many possible inferences from the circumstantial evidence for a jury to safely convict.
29 November 2017

Ivey v Genting Casinos

The test for ‘Dishonesty’ as established by R v Ghosh [1982] QB 1053 is modified by the Supreme Court.
29 November 2017

R v M

Goods authorised by the trademark holder for manufacture but not for sale fell within section 92(1) of the trade Marks Act 1994
30 October 2017

Dean Christopher Maxwell v R

Advocates should be more vigilant when conducting sentencing exercises in the Crown Court, especially specially when considering summary only offences.
30 October 2017

R v Tohel Uddin

Consideration of the scope of the words “or otherwise” under section 5(6) of the Domestic Violence, Crimes and Victims Act 2004
8 September 2017

R v PF

Consideration of the proper requirements for the rebuttal of the common law presumption of doli incapax when a defendant is being treated as below the age of 14.
8 September 2017

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