G151 Cases Flashcards
Osman v DPP 1999
Officers didn’t give name and station. QBDC held it unlawful so not charged with assaulting a PC in execution of duty
Michelson v Highbury Corner Mags Court 2009
Tried to hide from police officers. Walked towards officer and seen to put something in his mouth. Officers asked him to open mouth and found drugs. No name or station given. Michaels was charged with obstructing police and convicted in mags court. Appealed and conviction was quashed
Castorina v CC Surrey 1988
Objective evidence needed which would make a reasonable person suspect defendant committed crime
G v DPP 1989
A belief by the police officer that ‘suspects generally give a false name’ was not sufficient for general arrest conditions. D was entitled to resist so not guilty of assaulting pc in execution of duty-more objective proof needed
Dianne Pretty 2002
Had motor neurone disease and knew she’d die by choking because her neck muscles would constrict. She took it to the European court of appeal and made it a human rights issue when not allowed to euthanise - article 2,5,15
Bibby v CC Essex Police 2000
Court of appeal summarised condition that must apply got common law power of arrest to be used:
- real and present threat to peace
- threat from arrested person
- conduct of person must’ve clearly interfering with rights of others and consequence ‘not wholly unreasonable’ violence from 3rd party
- conduct of arrested person must be unreasonable
Taylor v CC Thames Valley Police 2004
10 yr old boy seen throwing stones during anti-vivisection demonstration. Identified at a different rally and arrested. court of appeal held this understandable and was lawful. it was tested whether the words used were non-technical simple language essential legal and factual grounds for arrest
R v Samuel 1988
24 year old whose mum had already been informed of her sons arrest some hours before he was refused a solicitor access. court of appeal felt if anyone was likely to be alerted it would’ve happened so no reason to deny a “fundamental freedom. final interview was after refused access thus evidence inadmissible under s78 PACE 1984 and conviction quashed.
R v Grant 2005
Deliberate interference by police un right to confidence of privileged communication with solicitor. Such serious abuse, murder conviction quashed.
R v Aspinall 1999
Defendant suffered from schizophrenia. Court of appeal ruled he should have had an appropriate adult when interviewed. Even though appeared to be able to understand questions. Interview inadmissible
Thompson and Venables
Charged with murder of Jamie Buldger. Tried in Crown Court at age 10. Appealed to European Court of Appeal because tried in an adult court and awarded £15,000 and £29,000
C v DPP 1995
12 year old boy charged with interfering with a motorcycle. Held presumption of 10-14 doli incapax Bill drafted by Law Commission 1985 proposed abolition but no intention in 1990. Presumption abolished in 1998 and Lord Loury gave guidelines for judicial law making.
CCRC Example- Robert Clark
supplied class B drugs and peverting course of public justice. Appeal quashed on 16/11/2010
R v Dunlop 2006
D acquitted of murder but then confessed and was convicted of perjury, Under CJA 2003 retried- argued that he would not have admitted if had known. The law was not in the statute book at the time so not in the interest if justice to retrial. Held rightly outraged where exception of double jeopardy not applied.
Kelly 1998
Robbery when 19
GBH when 29
Held 10 years good behaviour was not an exceptional circumstance.
Dodds 1997
D was looking after two 8 year olds and was smoking cannabis and drinking when they drowned. Suspended sentence because exceptional circumstance- had PTSD so was likely to commit suicide in prison.
Bushels case 1670
Refused to convict Quaker activists of unlawful assembly. Judge ordered them to resume deliberations without food or drinks. they were then fined and jailed. On appeal, Court of Common Pleas ordered release of jurors.
Juries are the sole arbitrator of the fact= democracy.
R v Sheffield Crown Court ex parte Brown law 1980
D’s were police officers and the defence wanted to vet for past convictions. Judge allowed.
R v Mason 1980
Reveals chief constable of Northamptonshire allowed widespread vetting (unauthorised) of criminal records Court of Appeal approved. Since offence to sit on jury when disqualified police were just preventing crime and no reason not to give to prosecution if they wanted to stand by a juror.
R v Ford 1989
West Indian requested multi-racial jury. He requested as must be random
Wilson and Sprason 1995
Wife of prison officer summoned for jury service. Asked to be excused but not granted. Served and convicted 2 defendants of robbery. Both had been on remand at Exeter Prison where her husband works. Court of Appeal said justice must be SEEN to be done- convictions quashed.
R v Young 1995
Put in hotel during verdict phase. One complained that other used a ouija board to ask if guilty- retrial ordered.
Ponting’s Case 1985
Civil servant charged under s2 Offical Secrets Act 1911. Leaked information to Member of Parliament on the sinking of a ship in the Falklands war- General Belgrano. Pleaded not guilty as in public interest. Refused to convict even though the judge rules no defence. Prompted government to amend s2.
Elton John v MGN 1996
CA ruled trial judges may give guidelines to juries on how to assess appropriate compensation.
£350,000 –> £75,000
Rantzen v MGN 1993 reduced £140,000
