DPP v Cuciurean [2022] EWHC 736 (Admin) – S 68 CJPOA – s 6(1) HRA - articles 10 and 11 ECHR – article 1 A1P1 - r 35.2(2)(c) CrimPR.
1) not appropriate for High Court to determine ground of appeal not included in application for case stated.
- appeal by case stated must give rise to clear-cut point of law.
2) s 6 HRA only applies where a) ECHR rights are engaged and b) proportionality is an ingredient of the offence.
- s 68 CJPOA not incompatible with articles 10 or 11 ECHR.
- s 68 does not require P to prove conviction would be proportionate in ECHR terms.
3) court considering impact of ECHR rights which favoured one conclusion obliged to also consider ECHR rights which favoured opposing conclusion.
- A1P1 pulled in the opposite direction to articles 10 and 11.
- rights protecting expression of opinions do not sanction guerrilla tactics.
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Related case digests
- Cuciurean v CPS [2024] EWHC 848 (Admin) Ss 108 and 111 MCA.
- appeal by case stated to High Court by party aggrieved by decision of magistrates’ court (s 111(1) MCA). - applicant under s 111(1), but no other party, loses right to appeal to Crown Court (s 111(4) MCA). - where P appeals by way of case stated under s 111(1), D does not lose right of appeal to Crown Court under s 108 MCA.