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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Suski, R. v  EWCA Crim 24 (22 January 2016)
Cite as:  2 Cr App R 3,  4 WLR 48,  Crim LR 558,  EWCA Crim 24
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London, WC2A 2LL
B e f o r e :
MR JUSTICE BLAKE
RECORDER OF YORK
HIS HONOUR JUDGE BATTY QC
(Sitting as a judge of the Court of Appeal Criminal Division)
|R E G I N A|
|DARIUSZ TOMASZ SUSKI|
WordWave International Ltd, trading as DTI
165 Fleet Street London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7422 6138
(Official Shorthand Writers to the Court)
Mr S Parish & Miss S Linsley appeared on behalf of the Crown
Crown Copyright ©
"(2) A person shall not by virtue of section 1 above be guilty of conspiracy to commit any offence or offences if the only other person or persons with whom he agrees are (both initially and at all times during the currency of the agreement) persons of any one or more of the following descriptions, that is to say -
(a) his spouse;
(b) a person under the age of criminal responsibility; and
(c) an intended victim of that offence or of each of those offences.
"1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."
"Mr Wood's primary submission is that we should read down the words of section 80(1) so as to make them compliant with his interpretation of the Convention, but the words are clear and are not capable of being expanded so as to embrace a relationship to which they plainly do not apply. In any event we do not accept the proposition which underlies Mr Wood's submissions in relation to this aspect of the case, namely that proper respect for family life as envisaged by Article 8 requires that a co-habitee of a defendant, whether or not married to him, should not be required to give evidence or to answer questions about a statement which he has already made. This is plainly, as Ms Joseph submits, an area where the interests of the family must be weighed against those of the community at large, and it is precisely the sort of area in which the European Court defers to the judgment of states in relation to their domestic courts. There may be much to be said for the view that with very limited exceptions all witnesses who are competent should also be compellable, and certainly the material before us does not enable us to conclude that because a concession has been made to husbands and wives proper respect for family life requires that a similar concession be made to those in the position of a husband or a wife. As Ms Joseph points out, if the concession were to be widened it is not easy to see where logically the widening should end. That objection may not be insuperable but the possibility of serious limitations being placed upon society's power to enforce the criminal law is obvious. Ms Joseph accepts that at one level the requirement that Loveina Pearce give evidence can be regarded as an interference with her rights under Article 8(1) but, she further submits, the situation is clearly within the ambit of Article 8(2). The interference is in accordance with the law and it is properly regarded as necessary in a democratic society for the prevention of crime."
"... important democratic principle in this country that it is for those representing the people of the country in Parliament, not the executive and not the judges, to decide what conduct should be treated as lying so far outside the bounds of what is acceptable in our society as to attract criminal penalties. One would need very compelling reasons for departing from that principle."