H, R. v [2012] EWCA Crim 1113 (02 May 2012)

H, R. v [2012] EWCA Crim 1113 (02 May 2012)

The judge erred in law by restricting Article 4(3) to only the initial agreement of the contract; subsequent variations and assignments are covered by Article 4(3), and there is evidence fit for the jury to infer acts occurred in the UK. The terminating ruling was unreasonable and must be overturned.

Citation
[2012] EWCA Crim 1113
Parties
Applicant: Regina; Respondent: H
Jurisdiction
England and Wales
Judgment Date
02 May 2012
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling
Outcome
Appeal allowed; terminating ruling overturned; fresh trial ordered.
Legal Topics
Export Control Act 2003, Trade in Goods (control) Order 2003, Arms Trading, Terminating Ruling, Scope of Article 4
Criminal Law Export Control Export Control Act 2003 Trade in Goods (control) Order 2003 Arms Trading Terminating Ruling Scope of Article 4

Case Brief

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Parties

Regina

Applicant

H

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling

Legal Issues

  1. 1 Scope and interpretation of Article 4 of the Trade in Goods (Control) Order 2003
  2. 2 Whether there was a case to answer regarding intention to evade prohibition under Article 4
  3. 3 Whether subsequent variations or assignments of contracts fall within Article 4(3)

Ratio Decidendi

The judge erred in law by restricting Article 4(3) to only the initial agreement of the contract; subsequent variations and assignments are covered by Article 4(3), and there is evidence fit for the jury to infer acts occurred in the UK. The terminating ruling was unreasonable and must be overturned.

Court Disposition

Appeal allowed; terminating ruling overturned; fresh trial ordered.

Orders

  • Leave to appeal granted.
  • Appeal allowed against terminating ruling.