The following notes of judgments were prepared by the reporters of the All England Law Reports.
R v Johnson (Kevin); CA(Crim Div) (Lord Taylor of Gosforth CJ; Ognall, Gage JJ); 5 July 1994.
Where the only evidence of identification of a masked intruder charged with burglary and sexual offences, which he denied, was the recognition of his tape-recorded voice by the victims, the trial judge erred in exercising his discretion under s 78 of the Police and Criminal Evidence Act 1984 in allowing evidence of the defendant's previous offences where the victims had spoken of his "gentleness".
Linda Stern QC and David Etherington (Registrar of Criminal Appeals) for the appellant; John M H Farmer (CPS) for the Crown.
R v Sinha; CA (Crim Div)(Glidewell LJ, Blofeld, Buxton JJ); 5 July 1994.
Where any act done might mislead the court in any judicial proceedings which might ensue and it was proved that the defendant intended to mislead in any of those proceedings, that would be sufficient to justify a conviction of an offence of doing an act tending to pervert the cause of public justice.
Robin Stewart QC and James Turner (Le Brasseur J Tickle) for the appellant; John Charles Rees QC and Patrick Curran (CPS) for the Crown.
Webb v Emo Air Cargo (UK) Ltd (Case C-32/93); ECJ; 14 July 1994.
On a reference for a preliminary ruling by the House of Lords, the European court held that articles 2(1) and 5(1) of Council Directive 76/207/EEC on equal treatment for men and women in relation to employment precluded the dismissal of a woman such as the applicant who had been recruited for an unlimited term with a view, initially, to replacing an employee during that employee's maternity leave but could not do so because, shortly after her appointment, she herself was found to be pregnant. Article 10 of Directive 92/85/EEC, which prohibited the dismissal of a woman during the period between the beginning of pregnancy and the end of maternity leave save in exceptional circumstances, was to be taken into account. Pregnancy was not comparable with illness, still less with unavailability for work on non-medical grounds, so that the applicant's situation could not be compared with that of a man who was recruited in similar circumstances and had to take leave of absence for medical or other reasons.
The dismissal was not justifiable by the applicant's temporary inability, by not being available for work, to fulfil a fundamental condition of her contract, as the protection given under Community law to women during pregnancy and childbirth did not depend on whether their presence at work during maternity was essential to the proper functioning of the undertaking whether they were employed.
R v Minister of Agriculture, Fisheries and Food, Ex p SP Anastasiou (Pissouri) Ltd and ors (Case C-432/92) ECJ; 5 July 1994.
In the case of citrus fruit and potatoes imported from the part of Cyprus to the north of the United Nations Buffer Zone, the rules contained in Council Regulations (EEC) nos 1246/73 and 2907/77 on certificates of origin and in Council Directive 77/93/EEC on certificates guaranteeing the absence of harmful organisms, precluded the …