Attorney General's Reference (No. 4 of 2004); R v D

JurisdictionEngland & Wales
Judgment Date22 April 2005
Neutral Citation[2005] EWCA Crim 889
Date22 April 2005
CourtCourt of Appeal (Criminal Division)
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10 cases
  • R v Rogers (Philip)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • November 10, 2005
    ...On the appeal, the defendant submitted that both DPP v M and Attorney General's Reference (No 4 of 2004)TLRWLR (The Times May 17, 2005; (2005) 1 WLR 2810) were in conflict withR v White (Anthony)TLRWLR (The Times March 13, 2001; (2001) 1 WLR 1352). In their Lordships' judgment, two separate......
  • Taiwo v Olaigbe; Onu v Akwiwu
    • United Kingdom
    • Supreme Court
    • June 22, 2016
    ...of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins". In Attorney-General's Reference (No 4 of 2004) [2005] EWCA Crim 889; [2005] 1 WLR 2810, calling a doctor an "immigrant doctor" was enough to establish that an assault was r......
  • R (Elias) v Secretary of State for Defence
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • July 7, 2005
    ...origins is wide enough to include non-British national origins: see the recent decision of the Court of Criminal Appeal in Attorney General's Reference (no 4 of 2004); R v D [2005] EWCA Crim 889; [2005] All ER (D) 332. But he submits that the differentiation being made in this case is dif......
  • R (Elias) v Secretary of State for Defence
    • United Kingdom
    • Court of Appeal (Civil Division)
    • October 10, 2006
    ...and in Tejani. He pithily pointed out that being born a German and being born in Germany are two different things. See also AG's Reference (N0 4 of 2004: R v. D [2005] EWCA Crim 98 Mr Sales accordingly submitted that a criterion that distinguishes between applicants on the basis of the pla......
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3 books & journal articles
  • Table of Cases, Volume 78, 2005
    • United Kingdom
    • Sage Police Journal: Theory, Practice and Principles No. 78-4, December 2005
    • December 1, 2005
    ...v Scotcher [2005] UKHL 36, HL 159–161Attorney General’s Reference No 4 of 2004 under section 36 of theCriminal Justice Act 1972, The [2005] EWCA Crim 889 356B (a minor) v DPP (2000) Cr. App. R.65 72–74Caparo Industries Plc v Dickman & others (1990) 1 All ER 568 212, 213, 218Costello v Chief......
  • Recent Judicial Decisions
    • United Kingdom
    • Sage Police Journal: Theory, Practice and Principles No. 78-4, December 2005
    • December 1, 2005
    ...court was bound by the judgment in The AttorneyGeneral’s Reference No. 4 of 2004 under section 36 of theCriminal Justice Act 1972 [2005] EWCA Crim 889, which heldthat immigrants constituted a racial group within s. 28(4).Hostility directed to foreigners because they were foreign was noless ......
  • Incitement to Religious Hatred: All Talk and No Substance?
    • United Kingdom
    • Wiley The Modern Law Review No. 70-1, January 2007
    • January 1, 2007
    ...race’. See also RvRogers[2005] EWCA Crim 2863 at[20]; [2006] 1Cr App R14.59 Att Gen’s ReferenceNo.4of 2004 [2005] EWCACrim 889 at [24]; [2005] 1WLR 2810.60 RvRogers [2005]EWCACrim 2863 at [20]; [2006]1 WLR 962 at 968.The case is under appeal tothe House of Lords.61 Thiswas ¢rst proposed on ......

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