On New Year’s Day ‘02, a shot was fired which killed two men. The appellant, Iain Davis, was in due course extradited from the US, indicted on two counts of murder, tried at the Central Criminal Court before His Honour Judge Paget QC and a jury and, convicted on both counts. He appealed to the House of Lords against the dismissal of his appeal against conviction by the Court of Appeal Criminal Division. At trial the appellant admitted that he had been at the party but claimed that h ...
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The US sought extradition in relation to price fixing charges (cartel offences) alleged between 1999 and 2000. At the time those activities were not offences in the UK, accordingly the offence was not an extradition offence. Further, the HL was satisfied that it had an inherent power to remit the case back for consideration by the magistrates' court of issues surrounding the 3 remaining extradition charges.
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The absence of a signed indictment at the outset of and during most of the trial had the legal effect of invalidating the proceedings. Such invalidity was not cured by the late signature of the proper officer, and the convictions were quashed.
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An interest in an unadministered estate and a claim for damages for personal injury fell within the definition of ‘things in action’ and were “property” within the meaning of art.3(1) of the Proceeds of Crime (Northern Ireland) Order 1996.
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The question for the court on extradition was whether the relevant sentence was for 4 months or more. A sentence, representing individual sentences, some of less than 4 months, but aggregated to more than 4 months, qualified.
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It was not for a magistrate examining an extradition request to try and determine whether or not the requesting State had made out a case to answer against D. The main question was whether or not the offence was an extradition offence. Therefore habeas corpus was not available as a remedy in those circumstances.
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In the case of a fully-informed and responsible adult, it would never be appropriate to find him guilty of manslaughter where that person has been involved in the supply of a class A controlled drug, which is then freely and voluntarily self-administered by the person to whom it was supplied, and the administration of the drug then causes his death.
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Unfairness of police officers and CPS employees sitting as jurors leading to successful appeals against conviction.
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When assessing compensation for loss of earning arising out of a miscarriage of justice, the money that the defendant would have had to pay for his living expenses were he not in prison should be deducted.
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The appellant had been correctly convicted of using racially aggravated, abusive or insulting or words or behaviour with intent to cause fear or provoke violence under s.31(1)(a) Crime and Disorder Act 1998 when he called a group of Spanish women “bloody foreigners” and stated they should “go back to their own country.” The HL stated that the meaning of “racial group” in s.28(4) went beyond defining groups by their colour, race or ethnicity. The Statue provided for a flexible, non-technical appr ...
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