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Perkins and Others v Regina: CACD 26 Mar 2013

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

Bailey, Regina v: CACD 4 Oct 2013

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

Appleby, Regina v (Attorney-General’s Reference (No 60 of 2009): CACD 18 Dec 2009

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

Khan and Others v Regina: CACD 16 Apr 2013

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

Sony Computer Entertainment Europe Ltd v Customs and Excise: ChD 27 Jul 2005

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

Kennedy v The Charity Commission: SC 26 Mar 2014

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

Regina v Mari: CACD 2010

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

Costello v Chief Constable of Derbyshire Constabulary: CA 22 Mar 2001

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

Regina v Wood and Maguire: CACD 30 Apr 1998

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

Manchester City Council v Pinnock: SC 3 Nov 2010

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

Regina v Twist and Others: CACD 12 May 2011

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

Kafkaris v Cyprus: ECHR 12 Feb 2008

(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

Regina v O’Brien: SC 2 Apr 2014

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

Kahar, Regina v: CACD 17 May 2016

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

O’Leary International Ltd v North Wales Police: Admn 31 May 2012

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

law index

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