Pogmore, R. v (Rev 1)

Pogmore, R. v (Rev 1)

Jurisdiction for the offence of blackmail is established where a demand with menaces is communicated from abroad to a person in England and Wales, as Parliament intended s.4(b)(ii) of the Criminal Justice Act 1993 to resolve the jurisdictional questions raised in Treacy v DPP. The Judge erred in ruling that jurisdiction was lacking.

Parties
Appellant: Regina; Respondent: Nigel Pogmore
Jurisdiction
England and Wales
Judgment Date
04 July 2017
Procedural Posture
Criminal Appeal / Prosecution Appeal Against Crown Court Ruling at Close of Prosecution Case
Outcome
Ruling reversed; prosecution appeal allowed
Legal Topics
Blackmail, Territorial Jurisdiction, Criminal Justice Act 1993, Theft Act 1968
Criminal Law Jurisdiction Blackmail Territorial Jurisdiction Criminal Justice Act 1993 Theft Act 1968

Case Brief

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Parties

Regina

Appellant

Nigel Pogmore

Respondent

Procedural Posture

Criminal Appeal / Prosecution Appeal Against Crown Court Ruling at Close of Prosecution Case

Legal Issues

  1. 1 Whether courts of England and Wales have jurisdiction to try blackmail where demand is sent from abroad to a person in England and Wales

Ratio Decidendi

Jurisdiction for the offence of blackmail is established where a demand with menaces is communicated from abroad to a person in England and Wales, as Parliament intended s.4(b)(ii) of the Criminal Justice Act 1993 to resolve the jurisdictional questions raised in Treacy v DPP. The Judge erred in ruling that jurisdiction was lacking.

Court Disposition

Ruling reversed; prosecution appeal allowed

Orders

  • A fresh trial to take place in the Crown Court at Bristol for these offences