CRIMINAL LAW

[2019] EWCA Crim 343 [2019] EWCA Crim 343

A prison officer who was the recipient of an unsolicited comment by a defendant in custody was not investigating an offence so as to trigger an obligation to comply with the PACE codes of practice. A trial judge had therefore been entitled to admit her evidence.

[2019] EWCA Crim 227 [2019] EWCA Crim 227

A company’s conviction under the Health and Safety at Work etc. Act 1974 s.2(1) for breach of its duty towards its employees by failing to do all that was reasonably practicable to protect them from exposure to asbestos was well-founded and was not unsafe. However, the fine of £400,000 imposed was manifestly excessive and the appropriate sentence was a fine of £190,000.

[2019] EWCA Crim 198 [2019] EWCA Crim 198

A reference by the Criminal Cases Review Commission relating to a murder conviction was unsuccessful where the court found that the subsequent judgments in R. v Jogee (Ameen Hassan) [2016] UKSC 8 and R. v Johnson (Lewis) [2016] EWCA Crim 1613 did not result in any substantial injustice to the offender by means of a change in the law.

[2019] EWCA Crim 149 [2019] EWCA Crim 149

The “householder defence” in the Criminal Justice and Immigration Act 2008 s.76 did not only apply where the person injured as a result of the use of self-defence was an intruder; it applied also where a person had entered a building lawfully but thereafter had become a trespasser. The question was whether a defendant believed that the person concerned had no right or business to be in a building, or was there without authority.

[2019] EWCA Crim 209 [2019] EWCA Crim 209

Residents liable to pay council tax were not under any general legal duty to notify the local authority of their continuing residence in the property in question. A judge had therefore been correct to make a terminating ruling where an individual had been charged under the Fraud Act 2006 s.3 with dishonestly failing to disclose that she was living at a property so as to avoid paying council tax in respect of it.