The court considered an appeal where the jury had been invited to draw an inference from the defendant’s silence at interview that the defendant ‘had not had a chance to prepare his story’ as being its equivalent. Held: The court accepted the inference as proper in the circumstances. Citations: [2003] EWCA Crim 1767 Links: Bailii … Continue reading Ramadan El-Delbi, Regina v: CACD 20 Jun 2003
The direction gave practical guidance on the procedure for passing a mandatory life sentence under the Act Judges: Lord Woolf LCJ Citations: Times 02-Aug-2004, [2004] 1 WLR 2551 Statutes: Criminal Justice Act 2003 269 Jurisdiction: England and Wales Cited by: Cited – X, Regina v Admn 17-Feb-2005 . . Lists of cited by and citing … Continue reading Practice Direction (Crime: Mandatory life sentences) (No 2): 29 Jul 2004
The applicant having been released on licence had his licence revoked. The decision had been made at a hearing which considered evidence on paper only, which he said was unfair. Held: The case law had maintained a proper distinction between the determination of a criminal charge and otherwise. The first required an oral hearing for … Continue reading Regina (Smith) v Parole Board (No 2): CA 31 Jul 2003
The defendant, subject to a sentence of life imprisonment in Canada, had been transferred to the UK. The court had to determine the minimum term to be served. Held: For a similar offence in England the defendant would have been recommended for a minimum sentence of 15 years. However the Convention required the receiving country … Continue reading Khan, Decision Upon A Reference Under the Criminal Justice Act 2003: QBD 10 Nov 2006
ECJ (Grand Chamber) Police and judicial cooperation in criminal matters – Articles 34 EU and 35 EU – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable persons – Hearing of minors as witnesses – Effects of a framework decision.‘When applying the national law, the national court that is called … Continue reading Criminal proceedings against Pupino: ECJ 16 Jun 2005
The magistrates had been taking a deposition, and ordered police officers to be excluded from court. Held: The witness sought not to have to answer questions on the ground that he would be incriminated by his answers. Magistrates should not accept a claim for privilege without investigation. It was insufficient also to accept that this … Continue reading Regina (Crown Prosecution Service, Greater Manchester) v Bolton Justices: QBD 31 Oct 2003
(New Zealand) Solicitors resisted requests to disclose papers in breach of legal professional privilege from their professional body investigating allegations of professional misconduct against them.
Held: The appeal was allowed. The . .
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The defendant appealed against his conviction for murder. Judges: Stanley Burnton LJ, Thirlwall J, Recorder of Preston Citations: [2012] EWCA Crim 1185 Links: Bailii Statutes: Criminal Justice Act 2003 269(2) Jurisdiction: England and Wales Crime Updated: 31 October 2022; Ref: scu.459870
Appeal from section 269 order imposed on conviction for murder. Citations: [2005] EWCA Crim 802 Links: Bailii Statutes: Criminal Justice Act 2003 269(4) Jurisdiction: England and Wales Criminal Sentencing Updated: 26 July 2022; Ref: scu.342965
In each case a young person had been convicted on a guilty plea of murder. The court considered the affect on sentence of the defendant’s age and maturity. Held: A difference of a few months might make an arbitrary difference in the minimum sentence of as much as three years. This was arbitrary and it … Continue reading Regina v Peters, Palmer, Campbell: CACD 10 Mar 2005
The appellants, each convicted of murder, challenged the minimum periods of detention ordered to be served. Held: As to the starting point for sentencing, judges should have regard to the published practice directions, and not the letter from the Lord Chief Justice of 31 December 2003, which became a practice direction in 2004. As to … Continue reading Regina v Sullivan; Regina v Gibbs; Regina v Elener; Regina v Elener: CACD 8 Jul 2004
The court considered appeals against tarriffs set for defendants convicted of murder in the light of the schedules to the 2003 Act. Held: ‘The guidance given by Schedule 21 is provided to assist the judge to determine the appropriate sentence. The judge must have regard to the guidance, but each case will depend critically on … Continue reading Jones, Regina v: CACD 30 Nov 2005
The respondent had been convicted of thirteen murders and eight attempted murders. He had claimed to have been acting in response to a divine voice heard when he worked in a graveyard. He was diagnosed a paranoid schizophrenic. The murders had created a climate of terror over many months over a wide area and he … Continue reading Regina v Coonan (Formerly Sutcliffe): QBD 16 Jul 2010
The claimant prisoners said that section 269(4) of the 2003 Act was incompatible with their Article 3 rights. Supperstone J [2016] EWHC 1635 (Admin) Bailii Criminal Justice Act 2003 269(4), European Convention on Human Rights 3 England and Wales Criminal Sentencing, Human Rights Updated: 24 January 2022; Ref: scu.570532
Setting of minimum term for prisoner convicted of murder – transitional effect of provisions. The Honourable Mr Justice Openshaw [2004] EWHC 1819 (QB) Bailii Crime (Sentences) Act 1997 28(5), Criminal Justice Act 2003 269 England and Wales Criminal Sentencing Updated: 10 December 2021; Ref: scu.245092
The defendant appealed her conviction for murder as aider and abettor, and the crown appealed against her sentence of 3 years. Held: The criticisms of the trial were not established. The defendant’s appeal failed. The judge had failed to indicate the starting point he had used. The approach of a court to a sentence of … Continue reading Sanchez, Regina v: CACD 5 Dec 2008
The appellants had been convicted of a murder. They appealed against the minumum sentences as set, saying that the application of the 2003 Act produced an unfair result. The murder was of the wife of the second defendant who paid the first to assist. Held: The murder was brutal and planned and involved an abduction. … Continue reading Height and Anderson, Regina v: CACD 29 Oct 2008
The defendant had been convicted of two rapes and murders in 1988. He was found to have a psychopathic disorder. His minimum term was first set at 25 years, then altered on review to 30 years. He now sought review of the period.
Held: Judge . .
The defendant appealed against his sentence to life imprisonment after conviction for manslaughter on the grounds of diminished responsibility.
Held: The court faced two questions. Did the case require a sentence of life imprisonment, and also . .
Section 120 does not go as to admissibility David Clarke J explained the effect of the section: ‘section 120(2) is not itself a provision governing admissibility . . what the sub-section does is to regulate the use to which such evidence, once admitted, may be put. It is then admissible as evidence of the truth … Continue reading T, Regina v: CACD 13 Feb 2008
In each case the appellant had been convicted of particularly serious murders and had been given whole life terms. They now appealed saying that such sentences were incompatible with their human rights after the ruling of the ECHR Grand Chamber in Vinter v UK. Held: The appeals failed. Judges: Lord Thomas of Cwmgiedd, LCJ; Sir … Continue reading Regina v McLoughlin; Regina v Newell: CACD 18 Feb 2014
(Grand Chamber) The appellants had each been convicted of more than one murder and had been sentenced to whole life terms. They complained that the absence of a possibility of review or remission was a breach of their rights. Held: For a life sentence to remain compatible with Article 3 there must be a prospect … Continue reading Vinter And Others v The United Kingdom: ECHR 9 Jul 2013
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
The court was asked how the judge should approach offences committed under the Sexual Offences Act 1956 in the context of the Definitive Guidelines under the Sexual Offences Act 2003. It raises the important point as to how the judge should approach the totality where there has, over a considerable period, been a variety of … Continue reading Attorney General’s Reference No 7 of 2011: CACD 7 Mar 2011
The issue in this appeal against sentence is whether there is any legal inhibition against the imposition of a determinate sentence to be served at a time commencing at the end of a minimum term specified under section 269 and Schedule 21 to the Criminal Justice Act 2003. Citations: [2011] EWCA Crim 2236, [2012] Crim … Continue reading Regina v Taylor: CACD 14 Jul 2011
Applications for leave to appeal or appeals concern section 240A of the Criminal Justice Act 2003 which concerned the sentencing of defendants who had spent time awaiting tral under curfew. Judges: Hooper LJ, Swift DBE J, Morris QC HHJ Citations: [2009] EWCA Crim 2699 Links: Bailii Statutes: Criminal Justice Act 2003 240A Jurisdiction: England and … Continue reading Monaghan and Others v Regina: CACD 21 Dec 2009
The defendant appealed against his conviction for sexual assault on his daughter. Whilst he was in custody, the police approached his wife and took a statement from her which was used in evidence. The defendant complained that since they had not warned her that she was not compellable as a witness, the statement should not … Continue reading RL v Regina (Evidence of wife): CACD 7 May 2008
The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal. Held: The practice at preparatory hearings has been the subject of dispute. Lord Nichols said: ‘the … Continue reading H, Regina v (Interlocutory application: Disclosure): HL 28 Feb 2007
Judges: Gloster J Citations: [2005] EWHC 1035 (QB) Links: Bailii Statutes: Criminal Justice Act 2003 Sch22 p3 Citing: See Also – Middleton, Regina v CACD 11-Mar-2005 . . Cited by: See Also – Middleton and Another, Regina v QBD 15-Jun-2005 . . Lists of cited by and citing cases may be incomplete. Criminal Sentencing Updated: … Continue reading Middleton and Others, Regina v: QBD 27 May 2005
The Borough appealed against acquittal by the magistrates of the defendant parent accused of failure to ensure the regular attendance of their child at school. The child had attended only irregularly. The parents had contacted the school and authorities and sought help and co-opertaed with the Borough, but their daughter had been unco-operative and eventually … Continue reading London Borough of Sutton v S: Admn 26 Oct 2004
The appellant was waiting for a train when his bag was stolen. After a search, the thief tried to deter the appellant from calling the police by suggesting that the bag contained items the appellant should not be carrying. From the bag the appellant produced a curved martial arts sword, in its sheath. He testified … Continue reading Wang, Regina v: HL 10 Feb 2005
The defendant had been convicted of a gruesome murder. He appealed against his minimum tarriff which had been set in accordance with the 1988 act with a starting point of 30 years. Held: The appeal succeeded. The evidence had not demonstrated the necessary condition of sexual intent. The fact that the victim was found named … Continue reading Davies (Gareth), Regina v: CACD 21 Apr 2008
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, to testify should their identities be disclosed. He now said that … Continue reading Regina v Davis: HL 18 Jun 2008
The Court considered whether a whole life sentence under section 269(4) of the 2003 Act was compatible with Article 3. The defendant had been convicted of murdering a policeman and of attempted murder of two others. Held: The whole life tarriff was quashed. The 2003 Act introduced the possibility of a whole life sentence with … Continue reading Bieber (Aka Coleman) v Regina: CACD 23 Jul 2008
Use of Special Counsel as Last Resort Only The accused faced charges of conspiring to supply Class A drugs. The prosecution had sought public interest immunity certificates. Special counsel had been appointed by the court to represent the defendants’ interests at the applications. Held: It was permissible to use special counsel, but this must genuinely … Continue reading Regina v H; Regina v C: HL 5 Feb 2004
(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
A specially constituted CACD heard sentencing appeals for defendants serving life terms for very grave crimes, and in particular, the judicial assessment of the minimum term to be served by the appellants for the purposes of punishment and retribution before the possibility of their release may be considered. It was argued that a whole life … Continue reading Oakes and Others v Regina: CACD 21 Nov 2012
CCC (Central Criminal Court) The OffenceThe murder of Stephen Lawrence on the night of 22nd April 1993 was a terrible and evil crime. Recently the Lord Chief Justice described it as a ‘murder which scarred the conscience of the nation.’A totally innocent 18 year old youth on the threshold of a promising life was brutally … Continue reading Regina v Dobson and Norris: CCC 4 Jan 2012
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
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
