Case Summaries

The following notes of judgments were prepared by the reporters of the All England Law Reports.

Crime

Attorney-General's Reference (No 2 of 1992); CA (Crim Div) (Lord Taylor of Gosforth LCJ, Judge, Blofeld JJ); 27 May 1993.

The state of 'driving without awareness' which was described as driving in a trance-like state with reduced or imperfect awareness, but which did not involve the total destruction of voluntary control by the driver should not, as a matter of law, be capable of founding a defence of automatism.

R Alun-Jones QC and Graham Cliff (CPS) for the Attorney- General; Michael Pert QC and Amjad Malik (Greenwoods, Peterborough) for the respondent.

R v Joseph; CA (Cr Div) (Waite LJ, Waterhouse, Dyson JJ); 13 May 1993.

A trial judge erred in not exercising his discretion under s78 of the Police and Criminal Evidence Act 1984 to exclude evidence of identification of the defendant during a confrontation with witnesses held shortly before the trial began. Although the confrontation took place at the defendant's insistence, in the erroneous belief that he had a statutory right to such a confrontation where it had not proved possible to test the witnesses' identification by other means, that fact was not decisive but was only one of many factors to be considered in deciding whether to admit the evidence.

Simon Tierney (Registrar of Criminal Appeals) for the appellant; Alexander Ryan (CPS) for the Crown.

Insurance

Society of Lloyd's v Morris and ors; CA (Sir Thomas Bingham MR, Steyn LJ, Sir Christopher Slade); 28 May 1993.

Recoveries made by Lloyd's names under their stop loss policies, which were taken out by them on a voluntary basis for their own protection, were not subject to the trusts created by the Lloyd's Premiums Trust Deed, cl2(a)(i) which provided that 'all premiums and other monies whatsover . . . now belonging or payable or hereafter at any time belonging or becoming payable to the name in connection with the underwriting', since the words 'in connection with the underwriting' imported the idea that the underwriting business must be the source of the funds and the underwriting business was not the source of the stop loss recoveries.

Elizabeth Gloster QC and Mark Havelock-Allan (Lloyd's solicitor) for the appellants; Thomas Seymour (Michael Freeman & Co) for the respondents.

Justices

R v Dunmow Justices, Ex p Nash; QBD (DC) (Watkins LJ, Tuckey J); 12 May 1993.

Justices, when considering the appropriate mode of trial for an offence triable either way, had no power under r4 of the Magistrates' Courts (Advance Information) Rules 1985 to order the prosecution to provide copies of allegedly obscene video tapes to the defence. However, they did have an extensive power to adjourn under s10 of the Magistrates' Courts Act 1980 and, having concluded that the discovery being offered by the prosecution was inadequate, could have adjourned the proceedings for the defendant to be provided with copies before deciding on mode of trial.

Bernard Richmond (Murdochs) for the applicant; Clare Montgomery (Customs & Excise Solicitor) for the prosecutor.

Practice

Practice Direction: Admiralty Court Practice; QBD (Adm Ct) (Clarke J); 10 May 1993.

In order to achieve as much harmonisation as possible between the practices of the Admiralty Court and of the Commerical Court, while ensuring the courts remained independent, changes in the practice of the Admiralty Court in the hearing of interlocutory applications and the listing of actions and the general harmonisation of the general practice of the two courts where appropriate will take effect from 8 June 1993.

Sentencing

R v James; CA (Cr Div) (Rose LJ, Turner J); 18 May 1993.

Where, as in the case of a defendant convicted of indecent assaults against under-age girl prostitutes, the sentencing process necessarily involved the element of deterrence, it was axiomatic that such a sentence could pay only slight attention to the personal circumstances of the defendant, as otherwise it would fail to achieve that which it set out to do.

Marian Lewis (Registrar of Criminal Appeals) for the appellant.

Life and Style
tech
Sport
Farah returns to the track with something to prove
Commonwealth games
News
John Barrowman kisses his male “bride” at a mock Gretna Green during the Commonwealth Games opening ceremony
peopleBarrowman's opening ceremony message to Commonwealth countries where he would be sent to prison for being gay
Voices
voicesGood for Lana Del Rey for helping kill that myth, writes Grace Dent
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebookA unique anthology of reporting and analysis of a crucial period of history
Sport
Shinji Kagawa and Reece James celebrate after the latter scores in Manchester United's 7-0 victory over LA Galaxy
football
Arts and Entertainment
The Tour de France peloton rides over a bridge on the Grinton Moor, Yorkshire, earlier this month
film
Life and Style
fashion Designs are part of feminist art project by a British student
News
Very tasty: Vladimir Putin dining alone, perhaps sensibly
news
Life and Style
Listen here: Apple EarPods offer an alternative
techAre custom, 3D printed earbuds the solution?
Arts and Entertainment
Top guns: Cole advised the makers of Second World War film Fury, starring Brad Pitt
filmLt-Col Steven Cole is the man Hollywood calls when it wants to borrow a tank or check a uniform
News
Snoop Dogg pictured at The Hollywood Reporter Nominees' Night in February, 2013
people... says Snoop Dogg
News
The University of California study monitored the reaction of 36 dogs
sciencePets' range of emotions revealed
Arts and Entertainment
A scene from Shakespeare in Love at the Noel Coward Theatre
theatreReview: Shakespeare in Love has moments of sheer stage poetry mixed with effervescent fun
News
Joining forces: young British men feature in an Isis video in which they urge Islamists in the West to join them in Iraq and Syria
newsWill the young Britons fighting in Syria be allowed to return home and resume their lives?
Arts and Entertainment
The nomination of 'The Wake' by Paul Kingsnorth has caused a stir
books
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Associate Recruitment Consultant

£18000 - £23000 per annum + OTE: SThree: SThree are a global FTSE 250 busines...

English Teacher

£110 - £130 per day + Pay between ?110 - ?130 Day: Randstad Education Cardiff:...

SAP Deployment Manager

£480 per day + competitive: Progressive Recruitment: SAP Deployment Manager-Ta...

Microsoft Dynamics CRM Consultant

£50000 per annum + benefits: Progressive Recruitment: Urgently seeking a Dynam...

Day In a Page

Screwing your way to the top? Good for Lana Del Rey for helping kill that myth

Screwing your way to the top?

Good for Lana Del Rey for helping kill that myth, says Grace Dent
Will the young Britons fighting in Syria be allowed to return home and resume their lives?

Will Britons fighting in Syria be able to resume their lives?

Tony Blair's Terrorism Act 2006 has made it an offence to take part in military action abroad with a "political, ideological, religious or racial motive"
Beyoncé poses as Rosie the Riveter, the wartime poster girl who became a feminist pin-up

Beyoncé poses as Rosie the Riveter

The wartime poster girl became the ultimate American symbol of female empowerment
The quest to find the perfect pair of earphones: Are custom, 3D printed earbuds the solution?

The quest to find the perfect pair of earphones

Earphones don't fit properly, offer mediocre audio quality and can even be painful. So the quest to design the perfect pair is music to Seth Stevenson's ears
US Army's shooting star: Lt-Col Steven Cole is the man Hollywood calls when it wants to borrow a tank or check a military uniform

Meet the US Army's shooting star

Lt-Col Steven Cole is the man Hollywood calls when it wants to borrow a tank or check a military uniform
Climate change threatens to make the antarctic fur seal extinct

Take a good look while you can

How climate change could wipe out this seal
Should emergency hospital weddings be made easier for the terminally ill?

Farewell, my lovely

Should emergency hospital weddings be made easier?
Man Booker Prize 2014 longlist: Crowdfunded novel nominated for first time

Crowdfunded novel nominated for Booker Prize

Paul Kingsnorth's 'The Wake' is in contention for the prestigious award
Vladimir Putin employs a full-time food taster to ensure his meals aren't poisoned

Vladimir Putin employs a full-time food taster

John Walsh salutes those brave souls who have, throughout history, put their knives on the line
Tour de France effect brings Hollywood blockbusters to Yorkshire

Tour de France effect brings Hollywood blockbusters to Yorkshire

A $25m thriller starring Sam Worthington to be made in God's Own Country
Will The Minerva Project - the first 'elite' American university to be launched in a century - change the face of higher learning?

Will The Minerva Project change the face of higher learning?

The university has no lecture halls, no debating societies, no sports teams and no fraternities. Instead, the 33 students who have made the cut at Minerva, will travel the world and change the face of higher learning
The 10 best pedicure products

Feet treat: 10 best pedicure products

Bags packed and all prepped for holidays, but feet in a state? Get them flip-flop-ready with our pick of the items for a DIY treatment
Commonwealth Games 2014: Great Scots! Planes and pipers welcome in Glasgow's Games

Commonwealth Games 2014

Great Scots! Planes and pipers welcome in Glasgow's Games
Jack Pitt-Brooke: Manchester City and Patrick Vieira make the right stand on racism

Jack Pitt-Brooke

Manchester City and Patrick Vieira make the right stand on racism
How Terry Newton tragedy made iron men seek help to tackle their psychological demons

How Newton tragedy made iron men seek help to tackle their psychological demons

Over a hundred rugby league players have contacted clinic to deal with mental challenges of game