R v Davies (David Janway)

JurisdictionEngland & Wales
Judgment Date2002
Neutral Citation[2002] EWCA Crim 2949
Year2002
Date2002
CourtCourt of Appeal (Criminal Division)

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14 cases
  • R v Chargot Ltd (t/a Contract Services) and Others
    • United Kingdom
    • House of Lords
    • 10 December 2008
    ...to accept the general principles on which those sections are based and to have the means of fulfilling that responsibility. 29 In R v Davies (David Janway) [2003] ICR 586 the judge ruled against a submission that section 40 was not compatible with the presumption of innocence in article 6(......
  • Sheldrake v DPP
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 24 February 2003
    ...case is thus a far cry from the present. 9475. The same is true of the last case to which I should refer. It is Davies v Health and Safety Executive [2002] EWCA Crim 2949, 18 December 2002, where the court comprised Tuckey LJ, Douglas Brown J and His Honour Judge Gordon. It was a prosecutio......
  • R (Grundy & Company Excavations Ltd) v Halton Magistrates' Court
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 24 February 2003
    ...v Wholesale Travel Group (1991) 3 SCR 154 per Cory J quoted in paragraph XX of Sheldrake and in Davies v Health and Safety Executive [2002] EWCA Crim 2949 at paragraph 16. 48 Mr Birts submits that the offence of tree felling without a licence falls into the category of case referred to by L......
  • Barnfather v Islington Education Authority
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 7 March 2003
    ...made when striking (the) balance, particularly where social or economic policy is involved" see Davis v. Health and Safety Executive [2002] EWCA Crim 2949 at para 10 per Tuckey LJ). 32 For these reasons, I have come to the conclusion that if Articles 6.2 is engaged, the strict liability off......
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8 books & journal articles
  • Reverse Burden and Article 6(2) of the European Convention on Human Rights: Drunk in Charge; Terrorism Offence
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 69-6, December 2005
    • 1 December 2005
    ...882, [2002] 1 Cr App Rep 32; Rv Drummond [2002] EWCA Crim 527, [2002] RTR 21; Davies (David Jan-way) v Health and Safety Executive [2002] EWCA Crim 2949, (2003) 67JCL 97; Roger S v London Borough of Havering [2002] EWCA Crim 2558,(2003) 67 JCL 201; R (on the application of Grundy & Co. Exca......
  • Regulatory Offences and Reverse Burdens: The ‘Licensing Approach’
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 71-3, May 2007
    • 1 May 2007
    ...bears the onus, are compatible with 5 Johnstone [2003] 1 WLR 1736 and Davies v Health and Safety Executive [2002] EWCA Crim 2949, [2003] ICR 586. 6 [1987] AC 352.7 Glanville Williams described it as ‘the persuasive burden’: Criminal Law General Part), 2nd edn (Stevens: London, 1961) 762, pa......
  • Provocation: Speculative Defence Not to Be Left to the Jury
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 68-2, March 2004
    • 1 March 2004
    ...Admin 882, [2002] 1 Cr App Rep 32; R v Drummond[2002] EWCA Crim 527, [2002] RTR 21; Davies (David Janway) vHealthand Safety Executive [2002] EWCA Crim 2949, (2003) 67 JCL 97; Roger Sv London Borough of Havering [2002] EWCA Crim 2558, (2003) 67 JCL201; Sheldrake v DPP [2003] EWHC 273, (2003)......
  • Divisional Court
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 68-1, January 2004
    • 1 January 2004
    ...as the Health and Safety Executive or the Environ-ment Agency: see, for example, Davies (David Janway) vHealth and SafetyExecutive [2002] EWCA Crim 2949, (2003) 67 JCL 97.)Lord Scarman suggested in Gammon that even if it were acceptable toimpose strict liability, it should only be done in c......
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