The court gave guidance on the status of Victim Personal Statements and Family Impact Statements Judges: Igor Judge, Baron Judge LCJ, Simon, Irwin JJ Citations: [2013] EWCA Crim 323 Links: Bailii Statutes: Criminal Justice Act 2003 143 Jurisdiction: England and Wales Criminal Sentencing Updated: 14 November 2022; Ref: scu.472035
The defendants, brothers, appealed against their sentences for burglary, saying that the judge had wrongly increased their sentences to reflect their past offences and the likelihood of re-offending. The sentences were in excess of the guideline sentences for the circumstances. Held: The 2003 Act allowed such sentences imposing a duty to pass a sentences treating … Continue reading Bailey, Regina v: CACD 4 Oct 2013
Each defendant had been convicted of an assault resulting in a death, but where no weapon had been used and where but for the death the charge would have been assault occasioning actual bodily harm. Held: The decision in Furby, while still valid, did not reflect the 2003 Act which now required the court to … Continue reading Appleby, Regina v (Attorney-General’s Reference (No 60 of 2009): CACD 18 Dec 2009
The several defendants appealed against sentences imposed for acts preparatory to terrorism. Each had been involved to a lesser extent than principals in a larger circle. Held: Leveson LJ said: ‘Although potentially highly relevant both to culpability and potential harm (and, thus, of importance for the purpose of fixing the punitive part of any sentence) … Continue reading Khan and Others v Regina: CACD 16 Apr 2013
There is no reason in law to disallow someone applying for a contemnor to be committed, from appealing against the sentence imposed, but it would rare to allow interference. Brown P: ‘It is believed that it may be that criminal proceedings will follow in relation to this same matter. I have to say that that … Continue reading Wilson v Webster: CA 26 Feb 1998
The appellants had imported Playstation computer games. They appealed refusal of a rebate of 50 million euros paid in VAT before a reclassification of the equipment so as to make it exempt from VAT. Held: ‘The effect of the annulment of a Community act under Articles 230 and 231 EC Treaty is to render that … Continue reading Sony Computer Entertainment Europe Ltd v Customs and Excise: ChD 27 Jul 2005
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
The court considered an appeal against sentence where the judge, in activating a suspended sentence had not allowed for time spent in custody on remand. Maddison J said: ‘The Registrar referred this case to the full court so that it could consider the lawfulness of the judge’s approach. This case illustrates the sorts of problems … Continue reading Regina v Mari: CACD 2010
The prosecution sought to introduce evidence of the words used in a phone call between someone wanting drugs and the defendant, who was accused (amongst other things) of being concerned in making an offer to supply a controlled drug of class, ie amphetamines. The police had covertly taped the call. The prosecution wanted to support … Continue reading Regina v MK: CACD 4 Dec 2007
The police seized a car from Mr Costello, believing that it was stolen. The seizure was lawful at the time, by virtue of section 19 of PACE. The police never brought any criminal proceedings against Mr Costello, but they refused to return the car to him, arguing that it had been stolen and that that … Continue reading Costello v Chief Constable of Derbyshire Constabulary: CA 22 Mar 2001
Citations: [1998] EWCA Crim 1439, [1998] Crim LR 213 Statutes: Criminal Justice Act 1988 23 Jurisdiction: England and Wales Citing: Cited – Attorney General’s Reference No 31 of 1995, Regina v Henry CACD 17-Oct-1996 . . Cited by: Cited – Regina v Elliott; Regina v Pearce; Regina v McGee CACD 13-May-2003 In each case a … Continue reading Regina v Wood and Maguire: CACD 30 Apr 1998
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his family members. The county court had been unwilling to allow any challenge … Continue reading Manchester City Council v Pinnock: SC 3 Nov 2010
The court considered the application of the 2003 Act to communications made to, or by, the defendant, and in particular text messages sent by mobile telephone. Held: The four appeals against conviction were dismissed. Singh established that the common law rules on hearsay had been abolished by the 2003 Act. The court set out its … Continue reading Regina v Twist and Others: CACD 12 May 2011
(Grand Chamber) The claimant said that his rights had been infringed by the mandatory imposition of a life sentence after conviction for murder. Only the President could order the release of such a prisoner, either by exercising the power of mercy under article 53(4) of the Constitution or by ordering release on licence He had … Continue reading Kafkaris v Cyprus: ECHR 12 Feb 2008
The court considered how to apply the rule that an extradition may only be for trial on matters committed before the extradition if they have been the basis of the request to a defendant’s commission of contempt of court after conviction. After being subject to proceedings anticipating a prosecution for large scale financial fraud, the … Continue reading Regina v O’Brien: SC 2 Apr 2014
Prosecutors choice of charge is his not the courts The Court gave guidance on sentencing for offences under s5 of the 2006 Act. Held: It was not for the court to say that more specific offences could have been charged and should have been charged: ‘As a matter of constitutional principle, it is generally for … Continue reading Kahar, Regina v: CACD 17 May 2016
The company employed drivers to cross the UK. They were stopped and did not have the requisite drivers records. Instead they produced certificates as to having had rest days. These proved false, and the drivers said that the had been produced for them by the employer. The drivers were convicted and the lorries impounded. The … Continue reading O’Leary International Ltd v North Wales Police: Admn 31 May 2012
The crown sought leave to appeal against a terminating ruling. The defendant was accused of rape and sexual assault against his sister, profoundly deaf and with learning difficulties. The judge had found the victim to not be competent to give evidence. The defendant objected that the court did nothave jurisdiction to hear the appeal, the … Continue reading Regina v F: CACD 14 Mar 2013
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
A solicitor had agreed with his wife to act for her in litigation on the understanding that he would only recover his profit costs if she succeeded.
Held: This agreement did not offend public policy. This type of agreement was distinguished . .
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