The second defendant had received large numbers of stolen books and sold them from his stall. An application for compensation was made at his trial. Compensatory and exemplary damages were sought, but the court had to consider how to estimate the losses and unlawful gains. The defendant argued that since he had been imprisoned, exemplary … Continue reading Borders (UK) Ltd and others v Commissioner of Police of the Metropolis and Another: CA 3 Mar 2005
Judges: Stanley Burnton LJm Cranston J, Rook QC Citations: [2012] EWCA Crim 728 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 130 Jurisdiction: England and Wales Criminal Sentencing Updated: 07 October 2022; Ref: scu.452824
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal. Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a procedural irregularity. The application had been correctly refused. ‘The question of whether certain work is … Continue reading Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal: CA 8 Nov 2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
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
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