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Jun 25 2008 (FN)

Chikwamba (Fc) (Appellant) Vs. Secretary of State for the Home Departm ...

Court : House of Lords

LORD BINGHAM OF CORNHILL My Lords, 1. I have had the advantage of reading in draft the opinion of my noble and learned friend Lord Brown of Eaton-under-Heywood. I am in full agreement with it, and would for the reasons which he gives allow the appeal and make the order which he proposes. LORD HOPE OF CRAIGHEAD My Lords, 2. I have had the advantage of reading in draft the opinion of my noble and leaned friend Lord Brown of Eaton-under-Heywood. I agree with it, and for the reasons he gives I would allow the appeal and make the order that he proposes. LORD SCOTT OF FOSCOTE My Lords, 3. I have had the advantage of reading in draft the opinion on this appeal prepared by my noble and learned friend Lord Brown of Eaton-under-Heywood and am in complete agreement with the reasons he has given for allowing this appeal. My astonishment that the case should have had to come this far for the, as it seems to me, obvious conclusion that the appellant and her four year old child should be permitted to...

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Jun 18 2008 (FN)

R Vs. G (Appellant) (on Appeal from the Court of Appeal (Criminal Divi ...

Court : House of Lords

LORD HOFFMANN My Lords, 1. On 20 April 2005 the appellant pleaded guilty to the offence of rape of a child under 13, contrary to section 5 of the Sexual Offences Act 2003: (1) A person commits an offence if — (a) he intentionally penetrates the vagina, anus or mouth of another person with his penis; and (b) the other person is under 13. (2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life. 2. For the purpose of sentence, the prosecution accepted the appellant’s version of the facts, namely, that the accused was 15 at the time of the offence, the complainant had consented to intercourse and she had told him that she was 15. On 8 July 2005 Judge Hone sentenced him to a 12 month detention and training order. The appellant appealed on the grounds that (1) the conviction violated his right to a fair trial and the presumption of innocence under article 6 of the Convention, because it was an offence of strict liabili...

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Jun 18 2008 (FN)

R Vs. Davis (Appellant) (on Appeal from the Court of Appeal (Criminal ...

Court : House of Lords

LORD BINGHAM OF CORNHILL My Lords, 1. At about 9.30 am on New Year’s Day 2002, towards the end of an all-night New Year’s Eve party held in a flat in Hackney, a shot was fired which killed two men. The appellant Iain Davis was in due course extradited from the United States, indicted on two counts of murder, tried at the Central Criminal Court before His Honour Judge Paget QC and a jury and, on 25 May 2004, convicted on both counts. He appeals to the House against the dismissal of his appeal against conviction by the Court of Appeal Criminal Division on 19 May 2006: [2006] EWCA Crim 1155, [2006] 1 WLR 3130. 2. At trial the appellant admitted that he had been at the party but claimed that he had left before the shooting and denied having been the gunman. Appearances were against him. He had gone to the United States on a false passport shortly after the murders. When questioned by the police after his return to this country he had declined to give any answers. In evidence he...

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Jun 18 2008 (FN)

In Re P and Others (Ap) (Appellants) (Northern Ireland)

Court : House of Lords

LORD HOFFMANN My Lords, 1. The question in this case is whether it is consistent with Convention rights as defined in section 1(1) of the Human Rights Act 1998 for a couple to be excluded from consideration as adoptive parents of a child on the ground only that they are not married. The woman is the natural mother of the child. The man is not the father but he and the woman have been living together for some years and treat the child as a member of the family. There is some evidence before the House about the nature of their relationship but there have been no findings by the court because the application has been rejected in limine on the grounds that they are not married to each other. 2. The legal obstacle to their adoption application is article 14 of the Adoption (Northern Ireland) Order 1987 (SI 1987/2203(NI 22)): (1) An adoption order shall not be made on the application of more than one person except in the circumstances specified in paragraph[s] (2) … (2) An adoption ord...

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Jun 11 2008 (FN)

Ob (by His Mother and Litigation Friend) (Fc) (Respondent) Vs. Aventis ...

Court : House of Lords

LORD HOFFMANN My Lords, 1. Council Directive 85/374/EEC (the “product liability directive”) provides in article 1 that “the producer shall be liable for damage caused by a defect in his product". Liability is strict: by article 4, all that the injured person need prove is “the damage, the defect and the causal relationship between defect and damage". The primary meaning of “the producer” is the manufacturer, but there circumstances in which someone else can be deemed to be the producer. For example, a supplier may be treated as the producer “unless he informs the injured person, within a reasonable time, of the identity of the producer": see article 3. 2. Article 10 provides for a limitation period of three years from the date on which the plaintiff became aware, or should reasonably have become aware, of the damage. But article 11 contains an additional, “long-stop” period: “Member States shall provide in their legislation t...

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Jun 11 2008 (FN)

In Re Doherty (Original Respondent and Cross-appellant) (Northern Irel ...

Court : House of Lords

LORD BINGHAM OF CORNHILL My Lords, 1. I have had the advantage of reading in draft the opinion prepared by my noble and learned friend Lord Carswell. I am in full agreement with it, and for the reasons that he gives would restore the order of the judge and dismiss CD’s application for judicial review. LORD SCOTT OF FOSCOTE My Lords, 2. I have had the advantage of reading in draft the opinion prepared by my noble and learned friend Lord Carswell. I am in full agreement with it, and for the reasons he gives I would allow the Commissioners’ appeal and dismiss the respondent’s application for judicial review. LORD CARSWELL My Lords, 3. The appellants in this appeal are the Life Sentence Review Commissioners (“the Commissioners”), who have a number of functions under the Life Sentences (Northern Ireland) Order 2001 (“the 2001 Order”) in relation to prisoners in Northern Ireland sentenced to imprisonment for life. Their major task is to decide whethe...

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May 21 2008 (FN)

R Vs. Asfaw (Appellant) (on Appeal from the Court of Appeal (Criminal ...

Court : House of Lords

LORD BINGHAM OF CORNHILL My Lords, 1. The Criminal Division of the Court of Appeal (Lord Phillips of Worth Matravers CJ, McCombe and Gross JJ: [2006] EWCA Crim 707) certified the following point of law of general public importance as involved in its decision now under appeal: “If a defendant is charged with an offence not specified in section 31(3) of the Immigration and Asylum Act 1999, to what extent is he entitled to rely on the protections afforded by article 31 of the 1951 United Nations Convention Relating to the Status of Refugees?” Differently expressed, the question is whether, to the extent that the protection given to a defendant by section 31(3) of the 1999 Act does not match that which the United Kingdom is bound in international law to give by article 31 of the Refugee Convention, our domestic law gives a defendant any remedy. The formulation of the question clearly assumes that the offence charged against the defendant is not within the scope of section 31(3)...

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May 21 2008 (FN)

Bowden (Ap) (Appellant) Vs. Poor Sisters of Nazareth (Respondents) and ...

Court : House of Lords

LORD HOFFMANN My Lords, 1. I have had the advantage of reading in draft the speech of my noble and learned friend Lord Hope of Craighead. For the reasons he gives, with which I agree, I too would dismiss these appeals. LORD HOPE OF CRAIGHEAD My Lords, 2. The appellants are former residents of a children’s home called Nazareth House at Cardonald in Glasgow which was run by the religious order known as the Poor Sisters of Nazareth. In May 2000 they raised separate actions of damages against the respondents in the Court of Session for loss, injury and damage in respect of physical abuse which they claim to have suffered during their time there. They maintain that they were regularly assaulted and subjected to cruel punishments, as a result of which they suffered pain and distress and long-standing psychological or psychiatric problems and that these led to their being disadvantaged in the workplace and to financial loss. The respondents deny these allegations. They also say that the...

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May 14 2008 (FN)

R Vs. May (Appellant)(on Appeal from the Court of Appeal (Criminal Div ...

Court : House of Lords

The Committee (Lord Bingham of Cornhill, Lord Phillips of Worth Matravers, Baroness Hale of Richmond, Lord Carswell, and Lord Brown of Eaton-under-Heywood) have met and considered the cause R v May. We have heard counsel on behalf of the appellant and respondent. 1. This is the considered opinion of the Committee. 2. This is the first of a trilogy of appeals relating to the confiscation of criminal assets. They raise important questions on the interpretation and application of the statutes which, at the relevant times, governed this matter. To avoid unnecessary repetition the committee will, in this opinion, give a broad overview of the legislative schemes in force from time to time, and review a number of the leading authorities. Much of this material is relevant, and will be the subject of cross-reference, in the succeeding appeals, Crown Prosecution Service v Jennings [2008] UKHL 29 and R v Green [2008] UKHL 30. This opinion addresses only the case of this appellant, Mr May. The Fac...

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May 14 2008 (FN)

R Vs. Green (Appellant) (on Appeal from the Court of Appeal (Criminal ...

Court : House of Lords

The Committee (Lord Bingham of Cornhill, Lord Phillips of Worth Matravers, Baroness Hale of Richmond, Lord Carswell, and Lord Brown of Eaton-under-Heywood) have met and considered the cause R v Green. We have heard counsel on behalf of the appellant and respondent. 1. This is the considered opinion of the Committee. 2. The point of law of general public importance certified by the Court of Appeal as involved in its decision in this case was expressed in these terms: “Where any payment or other reward in connection with drug trafficking is received jointly by two or more persons acting as principals to a drug trafficking offence as defined in section 1(3) of the Drug Trafficking Act 1994, does the value of each person’s proceeds of drug trafficking within the meaning of section 4(1)(b) of that Act include the whole of the value of such payment or reward?” The Court of Appeal (Moore-Bick LJ, David Clarke and Swift JJ), for reasons given by David Clarke J, gave an affirm...

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