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New Older Cases

On the Home page you will find the five "Latest Cases". These are the most recently added cases for the current year. CCC, however, is not only updated with the most recently decided cases but is also expanding as a result of worthwhile older authorities being included. You will find the last five most recently added older cases listed below.

 

R v Cruikshank [2001] EWCA Crim 98 – S 38(1) Public Order Act 1986.
- sentencing
– three years' imprisonment.
- deliberate and persistent contamination of food.
- important that those considering contaminating food realise how seriously court will view it.

R v Beedie [1997] EWCA Crim 714, [1998] QB 356 – Ss 3(2) and 33 HSWA.
- double jeopardy – abuse of process.
1) narrow principle of autrefois only applied to same offence in both fact and law.
2) wider (Connelly) principle - that no one should be punished twice for offence arising out of same, or substantially same, facts. – but court had discretion to allow second trial in such cases.
3) second wider (Elrington) principle - that no one prosecuted for minor offence be charged again, on same facts, in more aggravated form.
4) discretion to allow second trial of someone on substantially same facts applied only in "special circumstances".
- burden to establish special circumstances was on P.
- neither public interest in prosecution for manslaughter nor concerns of victim's family, constituted "special circumstances".

R v Phipps [2005] EWCA Crim 33 – RTA.
- abuse of process – double jeopardy.
- Connelly extended Elrington principle, that D should not be charged again on same facts in more aggravated form, to "the same or similar facts".
- save in special or exceptional circumstances, P should not bring second proceedings arising out of "same incident" as first proceedings after first proceedings concluded.
- burden on [P] to identify special or exceptional circumstances.

R v Antoine [2014] EWCA Crim 1971 – Firearms Act 1968.
- double jeopardy.
- principle underlying general rule in Connelly is that trial for different offences arising from same facts that led to earlier trial is prima facie oppressive.
- where general rule applies, burden on P to demonstrate special circumstances and that to proceed with prosecution not an abuse of process.
- special circumstances existed when P moved from misconceived charges to correct charges.

R v Dwyer [2012] EWCA Crim 10 – S 5 MDA.
1) autrefois applies only when second indictment charges same offence as the first.
2) save in special or exceptional circumstances, P should not bring second proceedings arising out of "same or substantially the same facts" or "same incident" as first proceedings after first proceedings "concluded".
- words "same or substantially the same facts" and "same incident" refer to relevant state of affairs as they existed to knowledge of P at date proceedings concluded (not when guilt established).