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Regina v Whitehead: CACD 8 May 2003

The defendant appealed several sentences totalling 30 months, noted as being made under the 2000 Act. Some offences had been committed for sentence under section four, and some under section 6. Held: Section four allowed committal for sentence only with other cases committed for trial. That did not apply here. However, applying Folkestone Justices, the … Continue reading Regina v Whitehead: CACD 8 May 2003

Regina v Sallis: CACD 29 Jan 2003

The magistrates had made an error in the form of committal, when remitting the defendant to the Crown Court for sentence. Held: The error had the effect of limiting the Crown Court to the powers which had been available to the magistrates. The statement of committal under section 4 had failed to include, as was … Continue reading Regina v Sallis: CACD 29 Jan 2003

Ali Sed v Regina: CACD 27 May 2004

The appellant challenged his conviction for attempted rape of an elderly woman. Her evidence had been accepted in written form because she was unable to attend court. Held: Before accepting such evidence the court had to establish that she would have been competent to give evidence had she been able to attend physically. S23 had … Continue reading Ali Sed v Regina: CACD 27 May 2004

Regina (Smith) v Secretary of State for the Home Department; and similar: CA 11 Feb 2004

The applicants were young persons who had been detained during Her Majesty’s Pleasure after convictions for murder. The respondent appealed a finding that he was under a duty to review the tariff with a view to release even before the expiry of the tariff. Held: The appeals were dismissed. Even though the court fixed the … Continue reading Regina (Smith) v Secretary of State for the Home Department; and similar: CA 11 Feb 2004

Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003

The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. He wanted a consideration which would parallel the new won rights of review for … Continue reading Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003

Regina v Secretary of State for the Home Department and Another Ex Parte Bulger: QBD 7 Mar 2001

The family of a murder victim has no standing to intervene to challenge the tariff set for the sentence to be served by the youths convicted of the murder. They had been invited to state the impact of their son’s death, but not the sentence to be served. Although the standing required for judicial review … Continue reading Regina v Secretary of State for the Home Department and Another Ex Parte Bulger: QBD 7 Mar 2001

Regina v Secretary of State for the Home Department ex parte Akhtar: QBD 23 Feb 2001

The defendant committed an offence whilst released on licence. She was sentenced by the magistrates for the offence and ordered to be recalled to serve a month for the offence committed whilst on licence. The Secretary received a probation report and revoke her licence entirely. Held: The fact that the magistrates had carried out a … Continue reading Regina v Secretary of State for the Home Department ex parte Akhtar: QBD 23 Feb 2001

Jones, Regina v: CACD 27 Sep 2017

‘This appeal against sentence is confined to the question whether a deprivation order under section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 should have been made in respect of pounds 4,600 in cash found at the appellant’s home address following his arrest for possessing crack cocaine with intent to supply. ‘ Citations: … Continue reading Jones, Regina v: CACD 27 Sep 2017

Regina (C and Another) v Sheffield Youth Court; Regina (N) v Sheffield Youth Court: QBD 23 Jan 2003

In each case, youths had been committed to the Crown Court for trial but complained that the Youth Court should have dealt with the cases, and sought judicial review of the Youth Court decision. Held: The test for a review of a decision of the Youth Court is whether that decision was wrong. The court … Continue reading Regina (C and Another) v Sheffield Youth Court; Regina (N) v Sheffield Youth Court: QBD 23 Jan 2003

MJ, Regina v: CACD 9 Feb 2012

The appellant appealed against a sentence of imprisonment for public prootection after pleading guilty to the rape of his two year old son. Judges: Judge LCJ, Holman, Openshaw JJ Citations: [2012] EWCA Crim 132 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 82A Jurisdiction: England and Wales Criminal Sentencing Updated: 28 May 2022; … Continue reading MJ, Regina v: CACD 9 Feb 2012

West Yorkshire Probation Board v Townend: Admn 28 Jul 2005

The Board appealed dismissal by the magistrates of their complaint that the defendant had failed to comply with an order requiring him to report to a relevant officer after his conviction for driving with excess alcohol. The defendant argued that no proper evidence had been brought that he had been informed of the relevant appointment. … Continue reading West Yorkshire Probation Board v Townend: Admn 28 Jul 2005

BW, Regina (on The Application of) v Caernarfon Youth Court and Another: Admn 27 Mar 2013

The defendant youth having been convicted on his plea of several sexual offences, now sought judicial review of the decision to commit him to the Crown Court for sentence. Judges: Pitchford LJ, Wyn Williams J Citations: [2013] EWHC 1466 (Admin) Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 3C Jurisdiction: England and Wales … Continue reading BW, Regina (on The Application of) v Caernarfon Youth Court and Another: Admn 27 Mar 2013

Regina v Pepper, Regina v Barber, etc: CACD 28 Apr 2005

Each defendant appealed against the imposition of an extended sentence of imprisonment. Held: The The provisions were unduly complicated and about to change again. Courts would see their way clear by focussing on the offence for which the extended sentence was to be considered, and bearing in mind that the purpose of this particular form … Continue reading Regina v Pepper, Regina v Barber, etc: CACD 28 Apr 2005

Regina vCliff: CACD 25 Nov 2004

The defendant had been convicted of an affray. A car was used in the course of the defendant getting to the scene. He appealed against a sentence of imprisonment and disqualification from driving for two years. Held: A disqualification could be imposed even though the offence was not a driving offence as such. The section … Continue reading Regina vCliff: CACD 25 Nov 2004

Regina v Longworth: CACD 23 Jul 2004

The defendant had been convicted of possession of one indecent photograph of a child, and given a conditional discharge. He appealed being placed upon the sex offenders’ register. Held: Despite s14(1) of the 2000 Act, the offence required a placing on the register, under 1(4) of the 1997 Act as an ‘offender of any other … Continue reading Regina v Longworth: CACD 23 Jul 2004

Regina v M (Sexual Offence: Extended Sentence): CACD 5 Jul 2004

The defendant complained that, although the judge had said there was only a low risk of his re-offending, after conviction for a minor sex offence, he had nevertheless been sentenced to an extended period of imprisonment. Held: It was recognised that the appropriate treatment programmes would only be effective where defendants received sentences of sufficient … Continue reading Regina v M (Sexual Offence: Extended Sentence): CACD 5 Jul 2004

Regina v Benfield; Regina v Sobers: CACD 21 Jul 2003

The defendants appealed life sentences for second serious offences under s109. They had been convicted of robbery. Held: The offence of robbery existed at the time when the 200 Act was created, and it was inconceivable that the new Act required in effect a creation of a secand variant of the offence involving the use … Continue reading Regina v Benfield; Regina v Sobers: CACD 21 Jul 2003

Regina v JT: CACD 2003

The provisions of section 68 were punitive, and therefore could not be read to have retrospective effect. Citations: [2003] EWCA Crim 1011 Statutes: Powers of Criminal Courts (Sentencing) Act 2000 68, European Convention on Human Rights 6 Jurisdiction: England and Wales Citing: Cited – Ibbotson v United Kingdom ECHR 1998 While the applicant was serving … Continue reading Regina v JT: CACD 2003

Regina v Wisniewski: CACD 9 Dec 2004

The defendant appealed sentences for battery with iintent to commit sexual assault. Held: In general the existing authorities on sentencing of sex offenders should apply to the new offences, with an allowance made for the lower maximum sentence under the new offence as against rape or attempted rape. Judges: Rose LJ, Douglas Brown J, Mackay … Continue reading Regina v Wisniewski: CACD 9 Dec 2004

Aldis v Director of Public Prosecutions: CACD 11 Feb 2002

The defendant attained the age of 18 after the offence but before his sentence. Under 18, he would have been subject to an order of detention in a young offenders institution, with a maximum of twelve months. They imposed a sentence of four concurrent detention and training orders totaling 18 months. Held: The 1963 Act, … Continue reading Aldis v Director of Public Prosecutions: CACD 11 Feb 2002

Regina (Inner London Probation Service) v Tower Bridge Magistrates’ Court: QBD 26 Jun 2001

A defendant had been convicted of shoplifting. His offending arose from his drugs habit. Then probation service gave its strong view that the defendant was not suitable to be placed upon a drug treatment and testing regime. They applied to review the decision to place him on the scheme. It was held that such a … Continue reading Regina (Inner London Probation Service) v Tower Bridge Magistrates’ Court: QBD 26 Jun 2001

Regina v Jones (Timothy): CACD 23 May 2003

The court had delayed part of the sentencing procedure to fix a compensation order. However if it did so, it should state clearly the reasons for the postponement, and what sentence was to be considered at the adjourned hearing. In this case a compensation order had not been mentioned. The court should make allowance for … Continue reading Regina v Jones (Timothy): CACD 23 May 2003

Hada, Regina v: CACD 18 Aug 2017

Appeal from sentence of 6 and a half years; detention for three offences of robery. Judges: Sweeney, Holroyde JJ Citations: [2017] EWCA Crim 1348 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 91 Jurisdiction: England and Wales Criminal Sentencing Updated: 31 March 2022; Ref: scu.598328

Attorney General’s Reference No 87 of 2006, Regina v Daniel Peter Geddes: CACD 24 Oct 2006

The Crown was given leave to appeal what it saw to be an unduly lenient sentence of the defendant following his becoming liable to be sentenced as a repeat offender iunder the 2003 Act. The main offence was that he had threatened his partner’s life by pointing a loaded crossbow at her. The prosecution said … Continue reading Attorney General’s Reference No 87 of 2006, Regina v Daniel Peter Geddes: CACD 24 Oct 2006

IA v Regina: CACD 4 Aug 2005

Judges: Lord Justice Manc Citations: [2005] EWCA Crim 2077 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 82A Jurisdiction: England and Wales Criminal Sentencing Updated: 27 March 2022; Ref: scu.442434

Regina v Szczerba: CACD 6 Feb 2002

The defendant appealed against sentence following conviction for burglary and false imprisonment. He had received sentences of 8 years and life respectively, with a determinate period of 11 years, and an earliest release of 6 years. The sentences had been on the basis that the offence of false imprisonment was an offence of violence. He … Continue reading Regina v Szczerba: CACD 6 Feb 2002

Regina v O’Halloran: CACD 14 Nov 2006

The defendant, after convictions for violence, now appealed against a sentence of detention for public protection for a period of two-and-a-half years. Held: The court summarised the principles applicable: ‘(i) whilst it is not unlawful to impose consecutive indeterminate sentences, or an indeterminate sentence consecutive to another period of imprisonment, such a practice is undesirable. … Continue reading Regina v O’Halloran: CACD 14 Nov 2006

Omenma (Conditional Discharge – Not A Conviction of An Offence): UTIAC 22 May 2014

UTIAC The effect of section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 is that a person who has received a conditional or absolute discharge does not make a false representation if the answer is ‘no’ when asked if he has ever been ‘convicted’ of an offence. [2014] UKUT 314 (IAC) Bailii England … Continue reading Omenma (Conditional Discharge – Not A Conviction of An Offence): UTIAC 22 May 2014

Regina v R (Sentencing: Extended licences): CACD 25 Jul 2003

The imposition of an extended period of licence in respect of offences committed before 1992 did not infringe the defendant’s human rights. The defendant had been convicted of offences from 1976 and 1982. The commencement date for the 1991 Act was 1 October 1992. Held: The true nature of the provision was preventive, to ensure … Continue reading Regina v R (Sentencing: Extended licences): CACD 25 Jul 2003

Crown Prosecution Service v P; Director of Public Prosecutions v P: Admn 27 Apr 2007

The prosecutor appealed a grant of a stay of a prosecution of the 13 year old defendant as an abuse of process. Reports had indicated that he was unfit to plead. The prosecution contended that, if the court thought P ought not to face trial by reason of his disability, it should proceed to decide … Continue reading Crown Prosecution Service v P; Director of Public Prosecutions v P: Admn 27 Apr 2007

Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013

Virgin Media Ltd, Regina (on The Application of) v Zinga: CACD 24 Jan 2014

Zinga had been convicted of conspiracy to defraud in a private prosecution brought by Virgin Media. After dismissal of the appeal against conviction, Virgin pursued confiscation proceedings. Zinga appealed against refusal of its argument that it was an abuse for a private prosecutor to take such action, even where as here that prosecutor had disclaimed … Continue reading Virgin Media Ltd, Regina (on The Application of) v Zinga: CACD 24 Jan 2014

W, Regina (on The Application of) v Southampton Youth Court: Admn 23 Jul 2002

Presumption against sending Youths to Crown Court W was a youth accused with another of robbery. The District judge magistrate had sent him for trial at the Crown Court although finding ‘[W] is 14 years of age with no previous conviction and is not a persistent offender.’ Held: Woolf LJ approved a statement: ‘in respect … Continue reading W, Regina (on The Application of) v Southampton Youth Court: Admn 23 Jul 2002

Varma, Regina v: SC 10 Oct 2012

The defendant had been convicted of offences under the 1979 Act, but then conditionally discharged. He had appealed against a confiscation order. The prosecutor now appealed against an order quashing the confiscation. Held: The appeal was allowed. The answer lay in the important distinction between situations where the court was exercising a discretion, and where … Continue reading Varma, Regina v: SC 10 Oct 2012

Regina v Dobson and Norris: CCC 4 Jan 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

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