Valentas and Another, Regina v: CACD 3 Feb 2010

The defendants appealed against their sentences of six years for importation of Class A drugs, saying that the recent proposals for sentencing from the Sentencing advisory Panel would make six years excessive.
Held: The proposals for guidance were of interest, but were not formal guidance and the court could not be bound by them.
Lord Judge LCJ said: ‘This summary of the relevant authorities seems to us to indicate a very clear principle. The proposals of the Sentencing Advisory Panel are proposals only. As we have shown, they form part of a public consultation process. At the conclusion of the consultation process, they may or may not be amended. Thereafter, the proposals would have fallen to be considered by the Sentencing Guidelines Council, and will now be considered by the new Sentencing Council. At that stage the Sentencing Council will decide whether or not to issue a definitive guideline, and, if so, the form such guidance should take. Until there is a definitive guideline issued by the Sentencing Council, although the proposals of the Sentencing Advisory Panel are of considerable interest as part of the background which sentencing judges may wish to bear in mind, the proposals themselves do not constitute guidance to sentencers which serve to displace, or amend or in any way undermine the authority of the guidance issued in guideline decisions of this court. They therefore provide no justifiable basis for interfering with a sentencing decision in which the sentencing judge applied the existing guidance of the court.’

Judges:

Lord Judge LCJ, Penry-Davey J and Irwin J

Citations:

[2010] EWCA Crim 200, [2010] 2 Cr App R(S) 73

Links:

Bailii, Times

Jurisdiction:

England and Wales

Cited by:

CitedAttorney General’s Reference Nos 61, 62 and 63 of 2011 CACD 27-Oct-2011
The AG appealed against sentences imposed on the several defendants for supplying Class A controlled drugs. The sentencer had applied recently proposed guidelines, sentencing them as having low grade involvement in the supply of high quality drugs. . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 09 February 2022; Ref: scu.401857

CPS Nottinghamshire v Rose: CACD 21 Feb 2008

Judges:

Richards LJ, Openshaw J, Stephens QC J

Citations:

[2008] 2 Cr App Rep 15, [2008] 1 WLR 2113, [2008] Lloyd’s Rep FC 206, [2008] 2 Cr App R (S) 80, [2008] 3 All ER 315, [2008] WLR 2113, [2008] Crim LR 650, 200606278-B5, [2008] EWCA Crim 239

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002

Jurisdiction:

England and Wales

Cited by:

CitedWaya, Regina v SC 14-Nov-2012
The defendant appealed against confiscation orders made under the 2002 Act. He had bought a flat with a substantial deposit from his own resources, and the balance from a lender. That lender was repaid after he took a replacement loan. He was later . .
CitedGH, Regina v SC 22-Apr-2015
Appeal against conviction for entering into an arrangement for the retention of criminal funds. The defendant said that at the time of the arrangement there were not yet any criminal funds in existence. A had set up websites intending to con . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 09 February 2022; Ref: scu.264656

Regina v Magro: CACD 8 Jul 2010

Each defendant appealed against confiscation orders made when the sentence imposed was an absolute or conditional discharge. They said that Clarke made such orders unlawful.
Held: The decision in Clarke was a difficult limitation on the court’s discretion: ‘there are cases in which the combination of an order for discharge with a confiscation order represents an appropriate sentencing decision. Indeed, whatever other order may be appropriate, there can be nothing remarkable about the proposition that an individual convicted of acquisitive crime should be deprived of its benefit. In broad general terms, therefore, the principle identified in Clarke is, to put it no higher, surprising. The question is whether the legislative structures require it.’
The court emphasised the importance in European and British law of the statutory regime of the confiscation of the proceeds of crime, and it was not possible to say that the the British law inadequately implement the Framework Decision.
The statute required the confiscation order to be made first: ‘ Section 13 (4) makes clear that, subject to exceptions, where a confiscation order has been imposed ‘the court must leave the confiscation order out of account in deciding the appropriate sentence for the defendant.’ Section 13 was intended to reproduce the effect of existing legislation, and no alteration was intended. Nevertheless Clarke was binding, and the Court certified a point of law of general importance for the Supreme Court in terms to be agreed.

Judges:

Lord Judge LCJ, Goldring LJ, rafferty J, Wilkie J, King J

Citations:

[2010] EWCA Crim 1575, [2010] 2 Cr App R 25, [2010] Crim LR 787, [2010] 3 WLR 1694, [2011] QB 398

Links:

Bailii

Statutes:

Council Framework Decision, 26th June 2001, On Money Laundering, the Identification, Tracing, Freezing, Seizing and Confiscation of Instrumentalities and the Proceeds of Crime, Proceeds of Crime Act 2002, Drug Trafficking Offences Act 1986, Drug Trafficking Act 1994 2(6)

Jurisdiction:

England and Wales

Citing:

CriticisedClarke v Regina CACD 12-Jun-2009
The defendant had pleaded guilty to concealing criminal property. He was conditionally discharged but also made subject to a confiscation order. He appealed saying that one could not be made if only a conditional discharge was imposed.
Held: . .
CitedCriminal proceedings against Pupino ECJ 16-Jun-2005
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 . .
CitedWilkinson, Regina v CACD 11-Dec-2009
The court considered the effect of the decision in Clarke, and concluded that if the court is not permitted to make a confiscation order together with an order for conditional discharge, it may then become necessary to impose a different, more . .
CitedDabas v High Court of Justice, Madrid HL 28-Feb-2007
The defendant sought to appeal his extradition to Spain to face terrorism charges. He complained that the certificate required under the 2003 Act could not be the European arrest warrant itself, that the offence did not satisfy the double . .
CitedRegina v Savage 1983
The Court quashed a deprivation order made against a defendant who had been conditionally discharged: ‘On March 28, 1983 at the Crown Court in Manchester, the appellant pleaded guilty to three counts of handling stolen goods and was sentenced to a . .
CitedRegina v Young 1990
Certain punitive orders may not be made in conjunction with a conditional discharge because if punishment is inexpedient, it is inappropriate to couple it with a punitive order. . .

Cited by:

Appeal fromVarma, 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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 09 February 2022; Ref: scu.420405

Regina v Pryce, Huhne: CC 11 Mar 2013

(Southwark Crown Court – Sentencing Remarks) The defendants, formerly husband and wife, and each with very succeesful professional careers, were convicted of perverting the course of justice. Mrs Sykes had ‘taken’ the penalty points of Mr Huhne so as to avoid his disqualification through totting up. Sweeney J made these remarks in sentencing them to eight months imprisonment each, and for costs. Each had maintained their defence with lies and manipulation, and given rise to substantial prosecution costs.

Judges:

Sweeney J

Links:

Judiciary

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 09 February 2022; Ref: scu.471641

Stafford v The United Kingdom: ECHR 28 May 2002

Grand Chamber – The appellant claimed damages for being held in prison beyond the term of his sentence. Having been released on licence from a life sentence for murder, he was re-sentenced for a cheque fraud. He was not released after the end of the sentence he served for that offence. He said there was no evidence that he would continue to be a danger, and that the system provided no way for him to test his continued detention.
Held: There was a breach of his human rights. There was no sufficient connection between his original conviction for murder and any risk that he might commit further non-violent offences after release. He was awarded damages for his unlawful detention. It is wrong to regard a sentence of life imprisonment as a sentence that the prisoner be imprisoned for life. It was never anticipated that prisoners serving mandatory life sentences would in fact stay in prison for life, save in exceptional cases. That was demonstrated by developments that had been taking place in England in the management of life sentences. The mandatory life sentence does not impose imprisonment for life as a punishment and that the tariff, which reflects the individual circumstances of the offence and the offender, represents the element of punishment. ‘It is of crucial importance that the Convention is interpreted and applied in a manner which renders its rights practical and effective, not theoretical and illusory’
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1; Violation of Art. 5-4; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses award

Judges:

L Wildhaber P, C L Rozakis, J-P. Costa, Sir Nicolas Bratza, A. Pastor Ridruejo, E. Palm, P. Kuris, R. Turmen, F. Tulkens, K. Jungwiert, V. Butkevych, N. Vajic etc

Citations:

Times 31-May-2002, 46295/99, ECHR 2–2-iv, [2002] 35 EHRR 1121, [2002] ECHR 466, [2002] ECHR 470, [2002] Crim LR 828, [2002] Po LR 181, [2002] 35 EHRR 32, 13 BHRC 260

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 5.1 5.4, Criminal Justice Act 1991 35(2)

Jurisdiction:

Human Rights

Citing:

Appeal fromRegina v Secretary of State For The Home Department Ex Parte Stafford HL 12-Mar-1998
The Home Secretary had the right not to follow a Parole Board’s recommendation to release a prisoner after the service of the tariff part of his sentence, where he was satisfied that the offender would commit further offences, even if those offences . .
CitedWeeks v The United Kingdom ECHR 2-Mar-1987
The applicant, aged 17, was convicted of armed robbery and sentenced to life imprisonment in the interests of public safety, being considered by the trial judge on appeal to be dangerous.
Held: ‘The court agrees with the Commission and the . .

Cited by:

AppliedRegina v Secretary of State for the Home Department Ex parte Anderson HL 25-Nov-2002
The appellant had been convicted of double murder. The judge imposed a mandatory life sentence with a minimum recommended term. The Home Secretary had later increased the minimum term under the 1997 Act. The appellant challenged that increase.
CitedEasterbrook v The United Kingdom ECHR 12-Jun-2003
The prisoner was convicted of an armed robbery in which a policeman had been shot, and had been sentenced to life imprisonment. The judge set no tariff himself. The tariff was set by the Home Secretary, but only after some time. The discretionary . .
CitedMurray v The Parole Board Secretary of State for the Home Department CA 6-Nov-2003
The applicant had been convicted of murder and sentenced to life imprisonment. He had twice previously been released on licence and had his licence revoked. His tarriff had expired The period between reviews of his detention had been two years, but . .
Appealed toRegina v Secretary of State For The Home Department Ex Parte Stafford HL 12-Mar-1998
The Home Secretary had the right not to follow a Parole Board’s recommendation to release a prisoner after the service of the tariff part of his sentence, where he was satisfied that the offender would commit further offences, even if those offences . .
CitedFlynn, Meek, Nicol and McMurray v Her Majesty’s Advocate PC 18-Mar-2004
PC (High Court of Justiciary) The applicants had each been convicted of murder, and complained that the transitional provisions for determining how long should be served under the life sentences infringed their . .
CitedHill v The United Kingdom ECHR 27-Apr-2004
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-4 ; Violation of Art. 5-5 ; Non-pecuniary damage – financial award ; Costs and expenses partial award
The claimant had been convicted of . .
CitedRoberts v Parole Board CA 28-Jul-2004
The discretionary life-prisoner faced a parole board. The Secretary of State wished to present evidence, but wanted the witness to be protected. The Parole Board appointed special counsel to hear the evidence on behalf of the prisoner on terms that . .
CitedHirst v Secretary of State for the Home Department CA 6-Jul-2006
The prisoner had been released on licence but then recalled. He complained that the procedure infringed his human rights. He had been convicted of manslaughter, and was seen to be a long term danger. The court awarded him compensation saying that . .
CitedSecretary of State for Justice v Walker; Same v James CA 1-Feb-2008
The claimant had been sentenced to a short period of imprisonment but with an indeterminate term until he demonstrated that it was no longer necessary for the protection of the public. He complained that the term having expired, no opportunity had . .
CitedBrooke and Others, Regina (on the Application of) v The Parole Board and Another CA 1-Feb-2008
The claimant prisoner complained that the Parole Board was insufficiently independent of government to provide a fair hearing. The court at first instance had found that the relationship between the Parole Board and the sponsoring Department put the . .
CitedBlack, Regina (on the Application of) v Secretary of State for Justice HL 21-Jan-2009
The appellant complained that the system for considering the release of a life prisoner did not comply with the Convention when the decision was made by the Secretary of State and not by the Parole Board, or the court. The Board had recommended his . .
CitedGoodwin v The United Kingdom ECHR 11-Jul-2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at . .
CitedWhiston, Regina (on The Application of) v Secretary of State for Justice CA 25-Oct-2012
The claimant was a prisoner released on a home detention licence, but his licence had been revoked. He now said that the way it had been revoked, without the respondent’s decision being subject to confirmation by the Parole Board, nor to other . .
CitedFaulkner, 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 . .
CitedSturnham, Regina (on The Application of) v The Parole Board of England and Wales and Another (No 2) SC 3-Jul-2013
From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection (‘IPP’). The Court addressed the practical and legal issues resulting from the new system.
Held: The decision . .
CitedMartin Corey, Re for Judicial Review SC 4-Dec-2013
The appellant challenged his recall to prison from licence. He had been convicted in 1973 of the murder of two police officers. He had remained at liberty for 18 years, befire his licence was revoked on the basis of confidential iintelligence . .
CitedHaney and Others, Regina (on The Application of) v The Secretary of State for Justice SC 10-Dec-2014
The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Sentencing, Prisons, Torts – Other

Updated: 07 February 2022; Ref: scu.172162

Stott, Regina (on The Application of) v Secretary of State for Justice: SC 28 Nov 2018

Extended Determinate Sentence created Other Status

The prisoner was subject to an extended determinate sentence (21 years plus 4) for 10 offences of rape. He complained that as such he would only be eligible for parole after serving two thirds of his sentence rather than one third, and said that this was discriminatory.
Held: The right to apply for early release falls within the ambit of Article 5. Two questions arose: whether the different treatment of S is on a
ground within the meaning of ‘other status’; and (in two parts): (a) whether EDS prisoners are in an analogous situation to either indeterminate sentence prisoners or other determinate sentence prisoners; and, if so, (b) whether there is an objective justification for the difference in treatment between the categories of prisoners.
Held: The appeal failed (Lady Hale and Lord Mance dissenting). The EDS scheme did not breach Article 14 with Article 5.
Issue 1 – Status. Held – Majority (LL Black, Hodge, Hale and Mance) Mr S had status under Article 14. Given the ECtHR decision in Clift, the Court should depart from the HL decision in the same case that different treatment of a prisoner serving a sentence of 15 years or more could not be said to be on the ground of ‘other status’.
In determining status, there was no real distinction between a prisoner serving 15 years or more and a prisoner serving an EDS. Giving generous meaning to Article 14 grounds, the difference in treatment of EDS prisoners fell within the scope of Article 14, as an ‘other status’.
Lord Carnwath said that difference of treatment of EDS prisoners was not attributable to some ‘status’ for the purposes of Article 14 and would dismiss the appeal on that basis.
Issue 2 (a) – analogous situation
LLs Black, Carnwath, Hodge held that EDS prisoners are not analogous situation to other prisoners. The sentencing regimes are whole entities, designed for particular circumstances and characteristics. The differences are such that prisoners serving sentences under different regimes are not in analogous situations. Lady Hale said that for all three categories of prisoner, the most important question from their point of view is ‘when will I get out?’ The essence of the right in question is liberty and for that purpose their situations are relevantly similar.
Lady Hale and Lord Mance (dissenting) held that EDS prisoners are in an analogous situation to other prisoners serving determinate sentences and prisoners serving discretionary life sentences.
Issue 2 (b) – objective justification
Lady Black, Lord Carnwath, Lord Hodge held that, if EDS prisoners were in an analogous situation, the difference of treatment would be objectively justified.
The aims of EDS included public protection and were legitimate. Whether the EDS scheme is proportionate requires consideration of each sentence as a whole. Within the framework of statutory provisions and sentencing guidelines, the sentencing judge imposes the sentence that best meets the characteristics of the offence and the offender. The early release provisions are part of the chosen sentencing regime and objective justification should be considered in that wider context.
The EDS is better compared to an indeterminate sentence, rather than to other types of determinate sentence. Counter-balancing the indeterminate prisoner’s earlier eligibility for parole is the lack of any guaranteed end to his incarceration, and the life licence to which he is subjected. This undermines the argument that the difference in treatment in relation to early release is disproportionate or unfair.
The EDS is a separate sentencing regime that is neither arbitrary nor unlawful.
Lady Hale and Lord Mance (dissenting) hold that that there is no justification for insisting that an EDS prisoner stay in prison for two thirds of the custodial term appropriate to the seriousness of his offending, while a discretionary life sentence prisoner, who is likely to be even more dangerous than an EDS prisoner, would be considered for release after half of what would have been an appropriate determinate sentence

Judges:

Lady Hale, President, Lord Mance, Lord Carnwath, Lord Hodge, Lady Black

Citations:

[2018] UKSC 59, UKSC 2017/0097

Links:

Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC 2018 Jan 18 am Video, SC 2018 Jan 18 pm Video

Statutes:

Criminal Justice Act 2003 226A, European Convention on Human Rights 5 14

Jurisdiction:

England and Wales

Citing:

Appeal fromStott, Regina (on The Application of) v The Secretary of State for Justice Admn 15-Feb-2017
The claimant committed ten rapes. He was sentenced to 21 years with four years extended sentence. He claimed it was discriminatory since he would lose a right to early release.
Held: The High Court dismissed his claim, but granted a . .
CitedClift v The United Kingdom ECHR 30-Apr-2009
Mr Clift was serving a sentence of 18 years’ imprisonment for very serious crimes, including attempted murder, and complained that the early release provisions in respect of his sentence gave rise to a violation of article 14. The House of Lords . .
CitedClift, Regina (on the Application of) v Secretary of State for the Home Department HL 13-Dec-2006
The claimants were former serving prisoners who complained that the early release provisions discriminated against them unjustifiably. Each was subject to a deportation requirement, and said that in their cases the control on the time for their . .
CitedKjeldsen, Busk, Madsen and Peddersen v Denmark ECHR 7-Dec-1976
The claimants challenged the provision of compulsory sex education in state primary schools.
Held: The parents’ philosophical and religious objections to sex education in state schools was rejected on the ground that they could send their . .
CitedGerger v Turkey ECHR 8-Jul-1999
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Preliminary objection rejected (non-exhaustion, lack of jurisdiction); Violation of Art. 6-1 (independent and impartial tribunal); Not necessary . .
CitedS, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
CitedBudak and Others v Turkey ECHR 10-Jan-2006
. .
CitedBiao v Denmark (Legal Summary) ECHR 25-Mar-2014
ECHR Article 14
Discrimination
More favourable conditions for family reunion applying to persons who had held Danish citizenship for at least 28 years: no violation
Article 8
Positive . .
CitedHooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions HL 5-May-2005
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR.
Held: The . .
CitedCarson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
CitedKhamtokhu v Russia ECHR 27-Sep-2011
The applicants were sentenced to life imprisonment. They complained of discriminatory treatment, in violation of article 14 taken in conjunction with article 5, because they were treated less favourably than other categories of convicted offenders . .
CitedMinter v United Kingdom ECHR 2017
Mr Minter was sentenced to an extended sentence for sexual offences. This meant that he was subject to an extended licence period, and thus to a requirement to notify the police of various personal details indefinitely. Mr Minter complained that the . .
CitedKhamtokhu And Aksenchik v Russia ECHR 24-Jan-2017
. .
CitedTigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
CitedDocherty, Regina v SC 14-Dec-2016
After conviction on his own admission for wounding with intent, and with a finding that he posed a threat to the public, the defendant was sentenced to imprisonment for public protection. Such sentences were abolished with effect from the day after . .
CitedMathieson v Secretary of State for Work and Pensions SC 8-Jul-2015
The claimant a boy of three in receipt of disability living allowance (‘DLA’) challenged (through his parents) the withdrawal of that benefit whilst he was in hospital for a period of more than 12 weeks. He had since died.
Held: The appeal . .
CitedHaney and Others, Regina (on The Application of) v The Secretary of State for Justice SC 10-Dec-2014
The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had . .
CitedPaulik v Slovakia ECHR 10-Oct-2006
. .
CitedAL (Serbia) v Secretary of State for the Home Department; Rudi v Same HL 25-Jun-2008
Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been here more than three years to stay here, because they had attained 18 and were no longer dependant on . .
CitedRJM, Regina (on the Application of) v Secretary of State for Work and Pensions HL 22-Oct-2008
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was . .
CitedHC, Regina (on The Application of) v Secretary of State for Work and Pensions SC 15-Nov-2017
This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC . .
CitedBrown v The Parole Board for Scotland, The Scottish Ministers and Another SC 1-Nov-2017
The court was asked whether the duty under article 5 to provide prisoners with a real opportunity for rehabilitation applied to prisoners serving extended sentences. The prisoner was subject to an extended sentence, but had been released on licence . .
CitedBristow, Regina (on The Application of) v Secretary of State for Justice and Another Admn 16-Oct-2013
Release date for prisoner convicted abroad and repatriated. . .
CitedMassey, Regina (on The Application of) v Secretary of State for Justice Admn 10-Jul-2013
The claimant had been sentenced to an indeterminate sentence for public protection with a tariff period of two years and six months. The tariff expired but he was not released. The Parole Board had twice refused to direct his release or recommend . .
CitedBurinskas, Regina v, (Attorney General’s Reference (No 27 of 2013)) CACD 4-Mar-2014
Effect upon sentencing of amendments to dangerous offender provisions . .
CitedMaktouf and Damjanovic v Bosnia And Herzegovina ECHR 18-Jul-2013
(Grand Chamber) The effect of the change was to alter the range for the defendant Maktouf (an accomplice) from 1-15 to 5-20 years. For the defendant Damjanovich (a principal) the range was altered from 5-15 to 10-20. Maktouf was expressly sentenced . .
CitedWhiston, Regina (on The Application of) SC 2-Jul-2014
The claimant, having been released from prison on licence, objected to the procedure whereby his licence was revoked with no means for him to challenge that decision.
Held: The appeal was dismissed. Article 5(4) did not apply to the particular . .
CitedFoley, Regina (on The Application of) v Parole Board for England and Wales and Another Admn 27-Jul-2012
Challenge to finding that the claimant was not suitable for release on licence. . .
CitedKrajisnik v United Kingdom ECHR 2012
The court considered the status of the claimant as a prisoner convicted by the International Criminal Tribunal for former Yugoslavia . .
CitedRound and Dunn v Regina CACD 16-Dec-2009
Non-consolidation of sentence to debar home curfew
Each defendant had been sentenced to consecutive terms of imprisonment under the 1991 and 2003 Acts. One was above and one below twelve months. They complained that the result of trying to reconcile the statutory provisions was that they had . .
CitedBlack, Regina (on the Application of) v Secretary of State for Justice HL 21-Jan-2009
The appellant complained that the system for considering the release of a life prisoner did not comply with the Convention when the decision was made by the Secretary of State and not by the Parole Board, or the court. The Board had recommended his . .
CitedShelley v The United Kingdom ECHR 4-Jan-2008
Discrimination on grounds of prisoner status was recognised as falling within ‘other’ status in Article 14: ‘[T]he Court would observe that being a convicted prisoner may be regarded as placing the individual in a distinct legal situation, which . .
CitedSecretary of State for the Home Department v K, Fornah v Secretary of State for the Home Department HL 18-Oct-2006
The claimants sought asylum, fearing persecution as members of a social group. The fear of persecution had been found to be well founded, but that persecution was seen not to arise from membership of a particular social group.
Held: The . .
CitedJarvis, Regina v CACD 4-Jul-2006
. .
CitedBudak and Others v Turkey ECHR 10-Jan-2006
. .

Cited by:

CitedDA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 15-May-2019
Several lone parents challenged the benefits cap, saying that it was discriminatory.
Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Human Rights

Leading Case

Updated: 07 February 2022; Ref: scu.630740

HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH.
Held: HH and PH’s appeals failed, but that of FK succeeded. Though there are similarities and differences between extradition and immigration and domestic criminal cases, a court must still take care to examine the effect on family life. There is no test of exceptionality, the public interest in extradition and that those guilty of offences should receive appropriate punishment must be balanced against a duty not to interfere in private and family life. The court must be careful not to create a safe haven for fugitives, and should show respect for foreign jurisdictions. The nature and seriousness of the offences and any effect of delay must be allowed for. In summary, an interference with family life will usually have to be severe to outweight the public interests in effective extradition.
The court contrasted and compared the laws of extradition and domestic criminal process.
Lord Kerr said: ‘Article 3.1 of the UN Convention on the Rights of the Child dated 20 November 1989 provides that ‘in all actions concerning children . . the best interests of the child shall be a primary consideration’ . . The word ‘concerning’ in article 3.1, like the phrase ‘relating to’ in article 24.2, encompasses actions with indirect, as well as direct, effect upon children: the ZH (Tanzania) case, para 26 (Lady Hale). The rights of children under article 8 must be examined through the prism of article 3.1: see paras 21 to 23 of the same case.’

Judges:

Lord Hope, Deputy President, Lady Hale, Lord Mance, Lord Judge, Lord Kerr, Lord Wilson, Lord Brown

Citations:

[2012] UKSC 25, [2012] 3 WLR 90, UKSC 2011/0128, [2013] 1 AC 338, [2012] HRLR 25, [2012] 4 All ER 539

Links:

Bailii, Bailii Summary, SC Summary, SC

Statutes:

Extradition Act 2003, European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

CitedKakis v Government of the Republic of Cyprus HL 1978
Kakis’ extradition was sought by Cyprus in relation to an EOKA killing in April 1973. Although a warrant for Kakis’ arrest had been issued that very night, he had escaped into the mountains and remained hidden for 15 months. Subsequently, he settled . .
CitedNorris v Government of United States of America SC 24-Feb-2010
The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result . .
Appeal fromF-K, Regina (on The Application of) v Polish Judicial Authority Admn 19-Jan-2012
The defendant sought to resist the European Arrest Warrant, saying that her extradition would breach her and her family’s human right to a family life. Since fleeing Poland, she had lived in the UK and now had young children attanding school. . .
Appeal fromHH, Regina (on The Application of) v City of Westminster Magistrates Court Admn 11-May-2011
The defendant appealed against her extradition under a European Arrest Warrant, saying that an order would be a disproportionate interference in her, and family’s, human rights to a family life. . .
CitedZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return . .
CitedRodrigues Da Silva and Hoogkamer v The Netherlands ECHR 31-Jan-2006
A Brazilian mother came to the Netherlands in 1994 and set up home with a Dutch national but not applying for a residence permit. In 1996 they had a daughter who became a Dutch national. In 1997 they split up and the daughter remained with her . .
CitedUner v The Netherlands ECHR 18-Oct-2006
(Grand Chamber) The court considered the application of article 8 considerations in extradition and similar proceedings, and said: ‘the best interests and well-being of the children, in particular the seriousness of the difficulties which any . .
CitedBeoku Betts v Secretary of State for the Home Department HL 25-Jun-2008
The appellant had arrived from Sierra Leone and obtained student permits. When they expired he sought asylum, citing his family’s persecution after a coup, and that fact that other members of his family now had indefinite leave, and he said that an . .
CitedWellington Regina, (on the Application of) v Secretary of State for the Home Department HL 10-Dec-2008
It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face . .
CitedNeulinger And Shuruk v Switzerland ECHR 6-Jul-2010
(Grand Chamber) The Swiss Court had rejected the claimant mother’s claim, under article 13b of the Hague Convention, that there was a grave risk that returning the child to Israel would lead to physical or psychological harm or otherwise place him . .
CitedHarkins And Edwards v The United Kingdom ECHR 17-Jan-2012
Each defendant objected to their proposed extradition to the US, saying that if extradited and convicted they would face the possibility of a death sentence or of a life sentence without the possibility of parole, each being incompatible with . .
IncorrectB v The District Court In Trutnov and Another (Two Czech Judicial Authorities) Admn 15-Apr-2011
In each case the defendant argued that his extradition would interfere with his article 8 rights to private and family life.
Held: Silber J said: ‘It is clear that the approach of the courts to article 8 rights has to be radically different in . .
CitedAronica v Germany ECHR 18-Apr-2002
(Decision as to admissibility) . .
CitedBH and Another v The Lord Advocate and Another SC 20-Jun-2012
The appellants wished to resist their extradition to the US to face criminal charges for drugs. As a married couple that said that the extraditions would interfere with their children’s rights to family life.
Held: The appeals against . .
CitedAttorney-General for Northern Ireland v Gallagher HL 1961
The defendant appealed against his conviction for the murder of his wife. The court allowed his appeal on the ground of a misdirection. The prosecutor having now appealed, he sought to plead insanity.
Held: The appeal was allowed on the new . .
CitedOlsson v Sweden (No 1) ECHR 24-Mar-1988
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs . .
CitedLaunder v The United Kingdom ECHR 8-Dec-1997
The Commission considered the admissibility of a complaint that the United Kingdom would violate articles 2, 3, 5, 6 and 8 if it extradited him to the Hong Kong Special Administrative Region.
Held: The application was manifestly ill-founded: . .
CitedKleuver v- -Norway ECHR 30-Apr-2002
The mother resisted extradition to face a drug trafficking charge. She complained that she would be separated from her child on its birth.
Held: Her claim failed. . .
CitedGorczowska, Regina (on The Application of) v District Court In Torun Poland Admn 8-Feb-2012
The defendant appealed against an order for her extradition to Poland to serve a sentence for possessof drugs imposed in 2006. Since living here she had given birth to a child, and they lived with her father.
Held: It would not be . .
CitedRegina v Sectretary of State for the Home Department ex parte Razgar etc HL 17-Jun-2004
The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was . .
CitedHM Advocate, Re 4th Criminal Court of Lisbon, A Porugese Judicial Authority HCJ 9-Dec-2011
The Lord Advocate appealed against dismissal of extradition proceedings against the two defendants. . .
CitedKing v The United Kingdom ECHR 26-Jan-2010
Mr King was accused of being a member of a gang engaged in a conspiracy to import large quantities of ecstasy into Australia. He appealed against extradition saying that this would interfere with his article 8 rights. He had in the United Kingdom . .
CitedHuang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .

Cited by:

CitedBH and Another v The Lord Advocate and Another SC 20-Jun-2012
The appellants wished to resist their extradition to the US to face criminal charges for drugs. As a married couple that said that the extraditions would interfere with their children’s rights to family life.
Held: The appeals against . .
CitedZoumbas v Secretary of State for The Home Department SC 27-Nov-2013
The appellant challenged a decision that he did not qualify for asylum or humanitarian protection and that his further representations were not a fresh human rights claim under paragraph 353 of the Immigration Rules. He argued that the return to the . .
CitedSG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
CitedNzolameso v City of Westminster SC 2-Apr-2015
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she . .
CitedLord Advocate (Representing The Taiwanese Judicial Authorities) v Dean SC 28-Jun-2017
(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord . .
CitedGoldtrail Travel Ltd v Onur Air Tasimacilik As SC 2-Aug-2017
At first instance the appellant had dishonestly assisted another party to defraud the respondent, and ordered payment of substantial damages. The defendant, non-resident, sought to appeal, and the respondent asked the court to order payment into . .
CitedHer Majesty’s Attorney General v Akhter and Another CA 14-Feb-2020
Islamic Nikah Ceremony did not create a marriage
The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their . .
CitedKonecny v District Court In Brno-Venkov, Czech Republic SC 27-Feb-2019
K had been convicted and sentenced in his absence. His extradition was requested under an EAW which asserted that it was based upon an enforceable judgment, but that he had an unqualified right to be retried. He argued that the delay (since 2004 for . .
CitedDA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 15-May-2019
Several lone parents challenged the benefits cap, saying that it was discriminatory.
Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to . .
Lists of cited by and citing cases may be incomplete.

Extradition, Human Rights, Criminal Sentencing

Updated: 07 February 2022; Ref: scu.460539

Regina v Coonan (Formerly Sutcliffe): QBD 16 Jul 2010

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 was assessed to be very dangerous. The judge had recommended a tariff of thirty years imprisonment, but none had been set.
Held: A whole life tariff was imposed and early release provision should not apply.
Mitting J said: ‘My task is to assess, by reference to the factors set out in Schedule 21 and the recommendations of the trial Judge and the Lord Chief Justice, what the minimum term should be. Having done so, if I conclude that the appropriate term is a whole life term, I must not set such a term unless I am of the opinion that the Home Secretary would have set a whole life tariff under his practice before December 2002.’
Though it was not possible to discern clear policy from the 28 whole life tariffs set by the HS between 1996 and 2002, it was quite clear that this case came right at the top: ‘Only Rosemary West and Dennis Neilsen approach the number of victims murdered. Even they did not reach the total number of the Respondent’s victims. The conduct of Brady towards his three victims and of Ireland towards his five victims included greater sadism than that demonstrated by the Respondent. Childs, a contract killer with six victims, may have been more ruthless. But none of them could reasonably have been regarded by the Home Secretary as more deserving of retribution than the Respondent. In my opinion, it is more likely than not that if the Home Secretary had set a tariff for the Respondent, it would have been a whole life tariff. On that premise, I am not forbidden by paragraph 8(b) of Schedule 22 to set a whole life term.’

Judges:

Mitting J

Citations:

[2010] EWHC 1741 (QB)

Links:

Bailii

Statutes:

Criminal Justice Act 2003 269, Crime (Sentences) Act 1977 28(5)-(8)

Jurisdiction:

England and Wales

Citing:

CitedPitchfork, Regina v CACD 14-May-2009
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 . .
CitedCaines, Regina v, Regina v Roberts CACD 23-Nov-2006
The prisoners appealed the review of the recommended minimum terms they must serve on that term being reviewed by the court, saying that the court should have made allowance for the exceptional progress to rehabilitation made in prison.
Held: . .
Original AppealRegina v Sutcliffe (Peter) CACD 24-May-1982
The defendant appealed against his conviction for 13 murders and 7 attempted murders saying that his plea of diminished responsibility should not have been rejected.
Held: The appeal failed. Lord Lane CJ said: ‘The psychiatrists all . .

Cited by:

Appeal fromCoonan (Formerly Sutcliffe), Regina v CACD 14-Jan-2011
The claimant, formerly known as Peter Sutcliffe, had been convicted in 1981 for thirteen murders and 7 attempted murders. His plea of diminished responsibility was rejected. The judge had recommended a minimum term of 30 years for the life sentence, . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 February 2022; Ref: scu.420952

Costello v Regina: CACD 2 Mar 2010

The court considered the great complexity of sentencing provisions where a defendant committed a further offence whilst released on licence. Under certain circumstances the provisions requiring his recall could nullify any new sentence imposed.

Citations:

[2010] EWCA Crim 371

Links:

Bailii

Statutes:

Criminal Justice Act 2003 153(2) 244 265

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 04 February 2022; Ref: scu.401975

A v ACC: QBD 15 Feb 2017

Claim for compensation brought by the claimant under the 2002 Act alleging a serious default on the part of the police in not disclosing to the Crown Court when applying for a restraint order against him, the fact that he was an informant who had given valuable information against the very criminal whose assets he was alleged to have laundered, thereby causing him loss.

Judges:

Openshaw J

Citations:

[2017] EWHC 301 (QB)

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 72

Jurisdiction:

England and Wales

Criminal Sentencing, Police

Updated: 03 February 2022; Ref: scu.577504

Dobson, Regina v: CACD 28 Feb 2019

Causing death by dangerous driving (3 counts) – driving with excess alcohol
Held: ‘ this sentence cannot begin to be described as manifestly excessive or wrong in principle. The appeal against sentence must be dismissed.’

Citations:

[2019] EWCA Crim 409

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 30 January 2022; Ref: scu.635196

Goodyear, Karl, Regina v: CACD 19 Apr 2005

The defendant complained that he had pleaded guilty to a charge of corruption on the basis of an indication from the judge that he would not receive a custodial sentence. Having pleaded guilty he had then been sentenced to a six months prison sentence suspended for two years.
Held: It was time to move on from the practice set out in Turner. Where a defendant requested an indication from a judge, and had been appropriately advised, a judge might give an indication. The court set out in detail the pre-conditions for giving an indication. Among them were that the facts should have been agreed, the defendant should initiate the request, and he should be told of the limitations of the request, including the fact that it may not be binding so as to prevent a reference of the sentence by the prosecution as unduly lenient. As to the effect of the indication: ‘Once an indication has been given, it is binding and remains binding on the judge who has given it, and it also binds any other judge who becomes responsible for the case. In principle, the judge who has given an indication should, where possible, deal with the case immediately, and if that is not possible, any subsequent hearings should be listed before him. This cannot always apply. We recognise that a new judge has his own sentencing responsibilities, but judicial comity as well as the expectation aroused in a defendant that he will not receive a sentence in excess of whatever the first judge indicated, requires that a later sentencing judge should not exceed the earlier indication. If, after a reasonable opportunity to consider his position in the light of the indication, the defendant does not plead guilty, the indication will cease to have effect.’ An indication should not be sought on a basis of hypothetical facts. The factual basis on which the plea is made should be agreed between the prosecution and the defence. In this case the judge should have abided by his indication.

Judges:

Lord Woolf LCJ, Judge LJ, Treacey J, Wakerley J, Calvert-Smith J

Citations:

[2005] EWCA Crim 888, Times 21-Apr-2005, [2005] 1 WLR 2532, [2005] 2 CAR 20 and, [2006] 1 Cr App R (S) 6, [2005] Crim LR 659, [2005] 3 All ER 117

Links:

Bailii

Statutes:

Criminal Justice Act 1988 36

Jurisdiction:

England and Wales

Citing:

CitedRegina v Edwards, Denton and Jackson Hendley Crowley; Attorney General’s Reference (No. 1 of 2004) CACD 29-Apr-2004
The court considered references by the Attorney-General with regard to offences imposing a burden of proof upon the defendant. ‘An evidential burden will be discharged by a defendant by ensuring that there is some evidence before the court which . .
CitedSimpson v Regina CACD 23-May-2003
The appellant challenged a confiscation order made on his conviction of VAT fraud. It was argued that one could not be made unless a proper notice had been given, and none of the offences occurred before 1995. On the assumption that section 1 of the . .
CitedPractice Direction (Criminal Proceedings: Consolidation) CACD 8-Jul-2002
. .
UpdatedRegina v Turner CACD 1970
The court considered an appeal where the defendant had entered a plea of guilty but had felt himself under undue pressure from the judge.
Held: The court urged caution in the practice of counsel seeing the judge in his chambers, though . .
CitedRegina v Newton CACD 1982
Where there is a plea of guilty but there remains a conflict between the prosecution and defence as to the facts, the trial judge should approach the task of sentencing in one of three ways: a plea of not guilty can be entered to enable the jury to . .

Cited by:

CitedRooney and Others, Re Attorney General’s Reference (Number 1 of 2005) CANI 11-Nov-2005
The defendants had been convicted or armed robbery. The Attorney General appealed against the sentences saying they were too lenient. Rooney argued that his plea of guilty had been after an indication by the judge and the reference was misguided. . .
CitedKulah, Regina v CACD 13-Jul-2007
The defendant appealed his sentence, saying that the judge had given an indication of sentence and that he had acted upon it to his detriment.
Held: The giving of indications had caused difficulty. In this case the judge had later found that . .
CitedMcKinnon v The United States of America and Anotherr HL 30-Jul-2008
The appellant sought to avoid extradition to the US. He had hacked into 97 US government computers. He argued that the punishment he might expect in the US was completely disproportionate to the offence, and that he had been misled into entering . .
CitedRegina v Dougall CACD 13-May-2010
The defendant had pleaded guilty to conspiracy to corrupt in having provided inducements for the award of medical supplies contracts to Greece. He appealed against a sentence of twelve months imprisonment, saying that it should have been suspended . .
CitedAB and Others, Regina v CACD 21-Dec-2021
‘It is said that the convictions are unsafe because the judge’s indication was so generous that the offer was irresistible to any defendant, whether guilty or not, or at least it operated to apply inappropriate pressure so that the pleas should not . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Criminal Sentencing

Leading Case

Updated: 28 January 2022; Ref: scu.224331

Regina v Chapman: CACD 1989

cw The court considered the sentencing principles after an entrapment.

Citations:

(1989) 11 Cr App R (S) 222

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Mulkerrins and Sansom CACD 20-Jun-1997
The defendant appealed sentences for importing 795 kgs of cocaine, with a street value of approximately pounds 125 million.
Held: There was evidence of others involved at a level even higher than the two appellants, but both appellants had . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 28 January 2022; Ref: scu.187951

Begum v West Midlands Police: Admn 3 Jul 2012

Issue on the scope of section 298(2)(b) of the 2002 Act which section permits the court to forfeit cash which has been detained by a constable if the court is satisfied that this cash ‘is intended by any person for use in unlawful conduct’.

Judges:

Lord Justice Aikens
Mr Justice Globe

Citations:

[2012] EWHC 2304 (Admin), [2013] 1 WLR 3595, [2013] 1 All ER 1261, [2013] Lloyd’s Rep FC 12

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 298(2)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 28 January 2022; Ref: scu.463782

SP, Regina (on The Application of) v Secretary of State for Justice: Admn 12 Feb 2010

Application for judicial review challenging the Secretary of State’s transfer direction given under section 47 of the Mental Health Act 1983 authorising removal of the claimant from prison to Rampton Hospital

Judges:

Mr Justice Burnett

Citations:

[2010] EWHC 1124 (Admin), [2010] ACD 71

Links:

Bailii

Statutes:

Mental Health Act 1983 47

Jurisdiction:

England and Wales

Health, Criminal Sentencing

Updated: 28 January 2022; Ref: scu.416112

Makai v Regina: CACD 11 Jul 2007

The defendant appealed his sentence of 40 months imprisonment for conspiracy to traffic women into the UK for sexual exploitation. The two girls involved had known that this would be their work.

Judges:

Pill LJ, Dobbs LJ, Lloyd Jones LJ

Citations:

[2007] EWCA Crim 1652

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 27 January 2022; Ref: scu.254548

Vinter, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 19 May 2016

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

A v Director of Public Prosecutions: CACD 23 Sep 2016

Application for permission to appeal against a decision refusing to cancel the registration under the provisions of the 2014 Regulations of an order made by a judge in France restraining the disposition of assets, up to a specified limit, of the applicant.

[2016] EWCA Crim 1393
Bailii
Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014
England and Wales

Criminal Sentencing

Updated: 23 January 2022; Ref: scu.569623

Attorney Generals Reference Under Section 36 of The Criminal Justice Act 1988, Kelly and Others v Regina: CACD 30 Jun 2016

Appeal against sentences for conspiracy to rob as too lenient.
Held: The starting point for sentencing these offenders, taken from the guidelines applicable at the date of sentencing, in respect of their participation in this conspiracy to rob should be in the range of 6 to 11 years imprisonment, depending on the nature and extent of their involvement and their antecedents. The appeals succeedd in each case, and the sentences increased accordingly.

Lloyd Jones LJ, Gilbart, May JJ
[2016] EWCA Crim 750
Bailii
England and Wales

Criminal Sentencing

Updated: 18 January 2022; Ref: scu.566427

The City and County of Swansea v Swansea Crown Court and Another: Admn 9 Jun 2016

The defendant, suffering dementia and with other age related disabilities, had been found under the 2006 Act to have committed an historic rape. The authority now appealed saying that the supervision order imposed by the court had been outside its jurisdiction.
Held: He did not have the jurisdiction used. The case was remitted for resentencing

Hickinbottom J
[2016] EWHC 1389 (Admin)
Bailii
Criminal Procedure (Insanity) Act 1964

Criminal Sentencing

Updated: 17 January 2022; Ref: scu.565718

Rawlinson v Regina: CACD 18 Dec 2018

The defendant had been given a conditional discharge for an offence of exposure. He was convicted of a further unrelated minor offence, and the question arose of the requirement for notification under the 2003 Act for the original offence.
Held: His appeal was allowed. The Court of Appeal did have jurisdiction to hear the appeal. Some elements of the notification scheme did differentiate among less serious offences, and did not require notification in these circumstances.

Lord Burnett of Maldon CJ, Lewis J, Sir Roderick Evans
[2018] EWCA Crim 2825, [2018] WLR(D) 785
Bailii, WLRD
Sexual Offences Act 2003
England and Wales

Criminal Sentencing

Updated: 17 January 2022; Ref: scu.633140

Feltis, Regina v: CACD 19 Aug 1996

The defendant appealed against sentence of twleve months for causing an impairment of operation of the computer. He had repeatedly disconnected network cables on his employers main network causing very serious disruption to its business.
Held: There was substantial personal mitigation: ‘. It is clear that this appellant is unlikely to re-offend. He has worked hard for his employers in the past and the effects of his wrongdoing have been extremely severe, both to him, in that he is never going to work in the computer business again, and upon his wife and family who are facing very, very grave financial embarrassment, if not worse.
In those circumstances we feel that there is substantial personal mitigation and that in the circumstances this is a proper case in which we can reduce the length of the sentence which this man ought to suffer. We do not criticise in any way whatever the sentence passed by the learned trial judge, but as an act of mercy and in the light of all the reports, some of which we suspect were not before the learned trial judge, we consider that the right sentence to be passed in this case is one of six months’ imprisonment ‘

[1996] EWCA Crim 776
Bailii
Computer Misuse Act 1990
England and Wales

Criminal Sentencing

Updated: 14 January 2022; Ref: scu.563180

Regina v HM Attorney-General’s Reference (No 126 of 2006): CACD 30 Jan 2007

The defendant had pleaded guilty to murder. Being under eighteen years of age, he had been sentenced to detention for 12 years.
Held: The sentence would be increased to fifteen years. The twelve year figure was only a starting point, and the court’s duty was fact specific. The court re-emphasised the fact that a youth might receive a lighter sentence than would an adult for a similar offence.

[2007] EWCA Crim 53, Times 13-Feb-2007, [2007] 1 All ER 1254
Bailii
Criminal Justice Act 2003 Sch 21
England and Wales

Criminal Sentencing

Updated: 13 January 2022; Ref: scu.248845

Komisia za protivodeystvie na koruptsiyata i za otnemane na nezakonno pridobitoto imushtestvo v BP EA (Abstract): ECJ 19 Mar 2020

Reference for a preliminary ruling – Judicial cooperation in criminal matters – Procedure for the confiscation of assets illegally acquired in the absence of a criminal conviction – Directive 2014/42 / EU – Scope – Framework Decision 2005/212 / JHA

C-234/18, [2020] EUECJ C-234/18, ECLI: EU: C : 2020: 221, [2019] EUECJ C-234/18_O
Bailii, Bailii
European

Criminal Sentencing

Updated: 13 January 2022; Ref: scu.654955

Toal, Re Application for Judicial Review: QBNI 19 Jun 2006

Life sentence prisoner – recall to prison – recommendation of Life Sentence Review Commissioners under Article 9(1) of Life Sentences (NI) Order – whether panel of Commissioner could make recommendation – whether full body of Commissioners had to consider matter.

[2006] NIQB 44
Bailii
Northern Ireland

Criminal Sentencing

Updated: 12 January 2022; Ref: scu.242746

The Greater Manchester Probation Committee v Bent: QBD 1996

A community order had been made and, after lodging a notice of appeal against both conviction and sentence, the defendant failed to attend for community service on two occasions. The appeal was later dismissed. The service did not know of the appeals when it complained of the breach. The justices ruled that the breach proceedings should not have been instituted while the appeal was pending and they dismissed the information.
Held: The fact that an appeal had been lodged did not mean that the probation service could not institute proceedings for breach of an order which was under appeal.
Blofeld J said of the magistrates: ‘They were perfectly entitled to consider all the facts of the relevant case, including the specific fact that a notice of appeal had been lodged. If in all the circumstances of the individual case they had then come to the conclusion that there was a reasonable excuse for this particular offender, Mr. Bent, not to have attended, then under sch.2 they were entitled to say so. They did not take that course.’
Saville LJ said that the starting point must always be that ‘once a sentence of any kind has been passed, then it is in force and enforceable in the absence of specific provisions to the contrary.’

Saville LJ and Blofeld J
(1996) 160 JP Rep 297
England and Wales
Cited by:
CitedWest Midlands Probation Board v Sutton Coldfield Magistrates’ Court and others Admn 11-Jan-2008
The Board complained that the defendants had failed to comply with the requirements of community service orders. They appealed against a finding that the complaints were not made out. The defendants had not attended because they were appealing their . .

Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 12 January 2022; Ref: scu.263520