R v Davies (David Janway)
| Jurisdiction | England & Wales |
| Judgment Date | 2002 |
| Neutral Citation | [2002] EWCA Crim 2949 |
| Date | 2002 |
| Court | Court of Appeal (Criminal Division) |
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18 cases
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R v Chargot Ltd (t/a Contract Services) and Others
...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(......
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Barnfather v Islington Education Authority
...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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Transco Plc V. Her Majesty's Advocates
...or that there was no better practicable means than was in fact used to satisfy the duty or requirement." [15]In Regina v Davies [2003] I.C.R. 586 (C.A.), it was submitted on behalf of the defendant that section 40 of the 1974 Act was not compatible with the presumption of innocence in Artic......
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Transco Plc v HM Advocate
...of the Science MuseumWLRUNK [1993] 1 WLR 1171; [1993] 3 All ER 853 R v Connor and ors; R v MirzaUNK [2004] UKHL 2 R v DaviesICRUNK [2003] ICR 586; [2003] IRLR 170 Refik Saric v Denmark App No 31913/96, unreported Rojas v BerllaqueWLR [2004] 1 WLR 201 The appeal in respect of the minute of n......
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9 books & journal articles
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Reverse Burden and Article 6(2) of the European Convention on Human Rights: Drunk in Charge; Terrorism Offence
...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......
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Provocation: Speculative Defence Not to Be Left to the Jury
...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)......
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Regulatory Offences and Reverse Burdens: The ‘Licensing Approach’
...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......
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Divisional Court
...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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