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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

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