Mohammed-Holgate v Duke

JurisdictionEngland & Wales
Year1983
Date1983
CourtCourt of Appeal (Criminal Division)
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35 cases
  • Chee Siok Chin and Others v Minister for Home Affairs and Another
    • Singapore
    • High Court (Singapore)
    • 7 December 2005
    ... ... What must always be borne in mind and indeed emphasised (as per Lord Diplock in Holgate-Mohammed v Duke [1984] AC 437 at 446) is that: ... [The] lawfulness of the arrest and detention based on that suspicion [does] not depend upon the judge’s own ... ...
  • Police Federation and Others v Commissioner of The Independent Commission of Investigations and Attorney General
    • Jamaica
    • Supreme Court (Jamaica)
    • 30 July 2013
    ... ... Vide Holgate Mohammed v. Duke [1984] AC 437 ... 51 Counsel's contention was that it was clearly the intent of section 20 of the Act to give the ... ...
  • ID and Others v Home Office and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 4 March 2005
    ...Humberside [2004] EWCA Civ 308 at [30]). 62 Mr Catchpole QC, who appeared for the Home Office, argued that Lord Diplock's guidance in Holgate-Mohammed was obiter (and was also incorrect). He said that it had been conceded in the Court of Appeal in that case that the police must act reasona......
  • R v Commissioners of Inland Revenue, ex parte Mead and Cook
    • United Kingdom
    • Queen's Bench Division
    • 20 March 1992
    ... ... The exercise by the Chief Constable and the Commissioner of his administrative discretion is reviewable: see Holgate-Mohammed v. Duke ELR [1984] A.C. 437, 448, which is to be preferred to Lord Denning's obiter comments at p. 126A-E in Ex p. Blackburn [1968] and Hallett v ... ...
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1 books & journal articles
  • The Police and Criminal Evidence Bill — Part 2
    • United Kingdom
    • Sage Police Journal: Theory, Practice and Principles No. 57-2, April 1984
    • 1 April 1984
    ...if the detained person assaults thepolice constable he is not guiltyoftheassault (e.g. see the recent casesMohammed-Holgate v. Duke [1983] 3 All E.R. 526; Bentley v.Brudzinski(1982) 75 Cr. App. R. 217; McBean v. Parker. The Times.February 8, 1983; R. v. Podger [1979] Crim. L.R. 524; Wills v......

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