H, R. v

H, R. v

Article 4(3) of the Trade in Goods (Control) Order 2003 covers not only the initial agreement of a contract but also subsequent variations and assignments; there was evidence fit to go before a jury that acts relating to such variations occurred in the UK, thus the judge erred in law in ruling there was no case to answer.

Parties
Applicant: Regina; Respondent: H
Jurisdiction
England and Wales
Judgment Date
02 May 2012
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling (no Case to Answer)
Outcome
Appeal allowed; terminating ruling set aside; fresh trial ordered.
Legal Topics
Arms Trading, Export Control Act 2003, Trade in Goods (control) Order 2003, Interpretation of Statutory Provisions
Criminal Law Export Control Arms Trading Export Control Act 2003 Trade in Goods (control) Order 2003 Interpretation of Statutory Provisions

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Parties

Regina

Applicant

H

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling (no Case to Answer)

Legal Issues

  1. 1 scope and interpretation of Article 4(3) of the Trade in Goods (Control) Order 2003
  2. 2 whether variations or assignments of contracts fall within Article 4(3)
  3. 3 whether there was evidence of acts done in the UK to support intention to evade prohibition

Ratio Decidendi

Article 4(3) of the Trade in Goods (Control) Order 2003 covers not only the initial agreement of a contract but also subsequent variations and assignments; there was evidence fit to go before a jury that acts relating to such variations occurred in the UK, thus the judge erred in law in ruling there was no case to answer.

Court Disposition

Appeal allowed; terminating ruling set aside; fresh trial ordered.

Orders

  • Crown to amend indictment to follow Article 4(3) precisely.
  • Crown to provide detailed particulars of its case.