NO CASE TO ANSWER

[2020] EWCA Crim 482
[2020] EWCA Crim 482
CA (Crim Div) (Simon LJ, Fraser J, Hilliard J)
1 April 2020

A conviction for conspiracy to supply Class A drugs was quashed as, while it might have been open to the jury to conclude that the appellant was party to an agreement which involved the onward supply of drugs by him, there was insufficient evidence to establish that he was party to the larger conspiracy alleged. The trial judge had erred in refusing a submission of no case to answer. The court emphasised the importance of legal advisers complying with the time limits for submitting applications for permission to appeal.

[2020] EWCA Crim 95
[2020] EWCA Crim 95
CA (Crim Div) (Fulford LJ, Cheema-Grubb J, Foster J)
28 January 2020

The Sexual Offences Act 2003 s.67(3), which protected against voyeurism in the form of the recording of another person doing a private act, was not limited to protecting the privacy of a complainant from secret filming by someone who was not present during the private act in question. A participant to certain activity could be guilty of a s.67(3) offence if they secretly recorded what was otherwise a lawful event in which they had participated.

[2020] EWCA Crim 38
[2020] EWCA Crim 38
CA (Crim Div) (Singh LJ, Spencer J, Judge Leonard QC)
21 January 2020

For the purposes of commission of the offence of possession of an article for use in fraud, contrary to the Fraud Act 2006 s.6(1), the phrase “for use in the course of or in connection with any fraud” could apply to articles that were used to mislead a victim, but also to articles created later in order to disguise or mask the fraud. There was nothing in the authorities to the effect that the relevant fraud could not be one which had been committed in the past.

[2019] EWCA Crim 535
[2019] EWCA Crim 535
CA (Crim Div) (Sir Brian Leveson PQBD, Simler J, Yip J)
2 April 2019

If it was a condition of consent that Botox injections would be administered by a doctor, then that affected the question of the identity of the party administering the injections and the legal validity of the recipients’ consent. That was different to the circumstances in R. v Richardson (Diane) [1999] Q.B. 444 and did not amount to including qualifications within the definition of “identity”.

[2019] EWCA Crim 29
[2019] EWCA Crim 29
CA (Crim Div) (Hallett LJ, Andrews J, Cockerill J)
30 January 2019

A judge had not erred in upholding a submission of no case to answer in respect of allegations of fraud and false accounting made against directors of a major retail company in relation to an overstatement of company profits. It was not seriously arguable that the judge had erred or acted unreasonably in requiring the prosecution to present its case on the basis of the directors’ knowledge of the unlawfulness or false accounting.

DC (Holroyde LJ, Nicol J)
4 December 2018

A magistrates’ court had erred in allowing a submission of no case to answer dismissing a charge of battery on the basis that, in the absence of any visible injury and the victim’s evidence, the video and audio evidence relied on by the prosecution was tenuous and vague. There was no doubt that the evidence was sufficient to support a conviction and the court quashed the decision, directing that the case be retried by a differently constituted bench.

[2018] EWCA Crim 2083
[2018] EWCA Crim 2083
CA (Crim Div) (Thirlwall LJ, William Davis J, Judge Dickinson QC)
27 September 2018

Although a judge’s summing up of identification evidence had been deficient in places, the totality of the evidence, which included cell site evidence placing the offender at the murder scene and a text message suggesting that he was with a co-defendant, meant that the conviction for murder was safe. The judge had been entitled to reject the submission of no case to answer.

[2018] EWCA Crim 2082
[2018] EWCA Crim 2082
CA (Crim Div) (Lord Burnett LCJ, May J, Sir Wyn Williams)
26 September 2018

The court upheld a defendant’s conviction for conspiracy to possess prohibited weapons. The judge had been entitled to admit evidence of the defendant’s previous convictions under the Criminal Justice Act 2003 s.101(1)(f) after concluding that he had given a false impression about his history of drug dealing. However, a further conviction for conspiracy to possess firearms with intent to endanger life was unsafe because there was no evidence upon which a properly directed jury could have concluded that such a conspiracy existed between the defendant and any other person.

[2018] EWCA Crim 1432
[2018] EWCA Crim 1432
CA (Crim Div) (Hallett LJ, Green J, Soole J)
26 June 2018

In the context of the use of teenage drug couriers in a “county lines” drugs operation, the court considered the ingredients of the offence of arranging or facilitating the travel of children within the UK with a view to their exploitation contrary to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 s.4(1A)(b). It explained the meaning of the words “arranges” “facilitates” and “chosen”, and reiterated that the Crown did not have to prove that the teenagers were unwilling or coerced participants.

[2018] EWCA Crim 1184
[2018] EWCA Crim 1184
CA (Crim Div) (Sir Brian Leveson PQBD, Judge Goldstone QC)
23 May 2018

The Court of Appeal upheld a conviction under the Road Traffic Act 1988 s.3ZB in the case of an uninsured driver who struck and killed a pedestrian who ran into the road. His driving at 10mph above the speed limit had contributed in some more than minimal way to the death.

Scroll to top