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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Criminal Sentencing - From: 1985 To: 1989

This page lists 38 cases, and was prepared on 21 May 2019.

 
H v United Kingdom 11653/85
1985
ECHR

Human Rights, Criminal Sentencing
The applicant was sentenced to life imprisonment in 1973 for committing a murder in the course of a robbery. Held: The penalty for this offence at the time it was committed was life imprisonment and thus no issue under Art. 7 (art. 7) arises in this respect. The "penalty" for purposes of Art. 7, para 1 (art. 7-1), must be considered to be that of life imprisonment. Nevertheless as a result of the change in parole policy the applicant would not become eligible for release on parole until he had served 20 years' imprisonment. Although this may give rise to the result that his imprisonment is effectively harsher than if he had been eligible for release on parole at an earlier stage, such matters relate to the execution of the imprisonment as opposed to the "penalty" which remains that of life imprisonment. Accordingly, it cannot be said that the "penalty" imposed is a heavier one than that imposed by the trial judge. The Commission rejected the application as manifestly ill-founded.
1 Citers


 
Regina v Prime [1983] 5 CAR (S) 127
1985
CACD
Lawton LJ
Criminal Sentencing, Armed Forces
Lawton LJ confirmed the need for deterrent sentencing in cases of communication information likely to be of assistance to an enemy: "Anyone, particularly those in the Armed Services and Government Service who is tempted, whether by money, threats of blackmail or ideology, to communicate sensitive information to a potential enemy, should have in mind what happened to this applicant. This is particularly so nowadays when, because of the developments in the gathering and storing of information by electronic means, those in comparatively lowly positions often have access to material which could endanger the security of the state if it got into the wrong hands."
1 Citers


 
Regina v King (1985) 7 Crim App R (S) 227; [1986] 82 CAR 120
1985
CACD

Criminal Sentencing
The court considered the effect on sentencing of the co-operation of the defendant in providing useful information to the police.
1 Citers


 
Regina v Bottomley [1985] 7 Cr App R (S) 355
1985
CACD
Steyn J
Criminal Sentencing
Albeit an offender who commits a robbery or other offence while carrying a firearm must normally expect a consecutive sentence for the offence of carrying that firearm, "No doubt the sentencer is entitled in his discretion to follow the course of imposing concurrent sentences provided of course that the gravity of the criminal conduct of carrying a firearm in the commission of an offence is properly reflected in the principal sentence."
1 Citers


 
Regina v Moss (1986) 8 Cr App R (S) 276
1986
CACD

Criminal Sentencing

1 Citers


 
Regina v O'Driscoll (1986) 8 Cr App R (S) 121
1986
CACD
Lord Lane, LCJ
Criminal Sentencing
The defendants had been convicted of a serious violent assault on an old man whom they tortured and robbed. He appealed a sentence of 15 years. Held: The sentence was correct. Burglars selected elderly victims to avoid resistance, and because they may have money. The Court hoped to protect old folk from savage, sadistic, cruel and greed attacks. The defendant had the record of a drunken itinerant rather than of a basically savage man, with one fine on a charge of malicious wounding. But whatever circumstances, whatever his record, whatever his antecedents, this sort of attack in these circumstances will receive this sort of sentence.
1 Citers


 
Regina v Dillon (1986) 8 Cr App R (S) 48
1986
CACD

Criminal Sentencing

1 Citers


 
Regina v Funnell and Others [1986] 8 Cr App R (S) 143
1986


Criminal Sentencing

1 Citers



 
 Regina v McGrath; CACD 1986 - [1986] 8 Crim App R (S) 372

 
 Regina v Millward; CACD 1986 - (1986) 8 Cr App R (S) 209

 
 Attorney-General's Reference (No 1 of 1985); CACD 1986 - [1986] 1 QB 491
 
Regina v Billam [1986] 8 Cr App R (S) 48
1986
CACD
Lord Lane
Criminal Sentencing
The court set out guidelines based on four separate starting points for sentencing for offences of rape which reflect their different levels of seriousness: "For rape committed by an adult without any aggravating or mitigating features, a figure of five years should be taken as the starting point in a contested case. Where a rape is committed by two or more men acting together, or by a man who has broken into or otherwise gained access to a place where the victim is living, or by a person who is in a position of responsibility towards the victim, or by a person who abducts the victim and holds her captive, the starting point should be eight years.
At the top of the scale comes the defendant who has carried out what might be described as a campaign of rape, committing the crime upon a number of different women or girls. He represents a more than ordinary danger and a sentence of 15 years or more may be appropriate.
Where the defendant's behaviour has manifested perverted or psychopathic tendencies or gross personality disorder, and where he is likely, if at large, to remain a danger to women for an indefinite time, a life sentence will not be inappropriate."

 
Regina v Palma (1986) 8 Cr App. R(S)
1986
CACD

Criminal Sentencing

1 Citers


 
Hogben v United Kingdom 11653/85
3 Mar 1986
ECHR

Human Rights, Criminal Sentencing

1 Citers


 
Regina v Nedrick [1986] 1 WLR 1025; (1986) 8 Cr App R(S); [1986] EWCA Crim 2
10 Jul 1986
CACD
Lord Lane CJ
Crime, Criminal Sentencing
The appellant poured paraffin through the front door of a house and set it alight. In the fire a child died. Held: Lord Lane CJ considered whether a simple direction to the jury on intent to either kill or to do serious bodily harm was adequate and said: "Where the charge is murder and in the rare cases where the simple direction is not enough, the jury should be directed that they are not entitled to infer the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the defendant's actions and that the defendant appreciated that such was the case."
1 Citers

[ Bailii ]
 
Regina v Beaumont (1987) 9 Cr App R (S) 342
1987
CACD

Criminal Sentencing
The court will take note of any entrapment when sentencing.
1 Citers


 
Regina v Secretary of State for the Home Department, Ex parte Handscomb (1987) 86 Cr App R 59
1987


Criminal Sentencing

1 Citers


 
Regina v Wintle (1987) 9 Cr App R(S) 262
1987


Criminal Sentencing

1 Citers


 
Regina v Compassi [1987] 9 Crim App R (S) 70
1987
CACD

Criminal Sentencing
The court considered the test in deciding whether to make a recommendation for deportation of a defendant on completion of his jail sentence: "So far as this case is concerned this appellant has no previous convictions, and the question which has to be asked in relation to whether or not it is appropriate that a deportation order should be made is whether or not he constitutes a genuine and sufficiently serious threat to the requirements of public policy".
1 Cites

1 Citers


 
Regina v Hindawi (1988) 10 Cr App R (S) 104
1988
CACD

Criminal Sentencing
The defendant had sent his girlfriend unknowingly onto an airplane wih a bomb n her luggage. He was sentenced to 45 years imprisonment.
1 Citers


 
Regina v O'Dwyer (1988) 86 Cr App R 313
1988
CACD

Criminal Sentencing
In order properly to assess the seriousness of an offence, for the purposes of determining whether it qualifies for a sentence of life imprisonment, it is necessary to look not only at what happened but at what might have happened and what was likely to happen.
1 Citers


 
Regina v Satvir Singh [1988] 10 Cr App R (S) 402
1988


Criminal Sentencing
Year?
1 Citers



 
 In re Peters; CA 1988 - [1988] 1 QB 871; [1988] 3 WLR 182; [1988] 3 All ER 46
 
Regina v Sivan (1988) 87 Cr App R 407
1988
CACD
Lord Lane CJ
Criminal Sentencing
Lord Lane CJ discussed the systems surrunding the giving of assistance to the police by suspects: "It is an area of law fraught with difficulties, as anyone who has practised in this field at the Bar or who has had to decide this type of case, either at trial or on appeal, will know all too well."
He went on to identify three issues - the difficulty of ascertaining the true facts, the desire of the offender for confidentiality and the extent of credit to be given. He continued with suggestions as to good practice. A letter should be provided from a senior officer of police (or other authority). That officer must be unconnected with the case where assistance was to be given, must have examined the facts and be able to certify the facts as reported by the officers conducting the investigation. The officer in charge of the investigation should set out the facts as certified and should be available to give evidence if necessary, either in court or in chambers. In each case the procedure should be tailored to the circumstances.
1 Citers


 
Regina v Goldrick (1988) 10 Cr App R (S) 346
1988
CACD

Criminal Sentencing
Sentencing for minor theft
1 Citers


 
Regina v Mariconda (1988) 10 Cr App R (S) 356
1988
CACD

Criminal Sentencing
Sentencing for theft with aggravating features justifying immediate custody
1 Citers


 
Regina v Reeves (1980) 2 Cr App R (S) 35
1988
CACD

Criminal Sentencing

1 Citers


 
Regina v Colhoun [1988] 12 NIJB 16
1988
CANI
Hutton LCJ
Criminal Sentencing
The Court affirmed a sentence of 10 years imprisonment for the armed robbery of £50 from a small shop: "Since the judgment of this court in R -v- O'Neill there has been no diminution in the number of armed robberies. They are very serious crimes which put innocent members of the public in fear and this court desires to emphasize again that armed robbery is an offence which must be met by severe sentences which contain an element of deterrence."
1 Cites

1 Citers


 
Regina v Escauriaza (1988) 87 Crim App R 344
2 Jan 1988
CACD

Criminal Sentencing
For all practical purposes the tests for deportation of an EU national after completion of a sentence of imprisonment are the same in Nazari and Bouchereau: "Thus under EEC Law a valid recommendation for deportation can only be made if at least two conditions are fulfilled: first, that there exists a genuine and sufficiently serious threat to the requirements of public policy affecting one of the fundamental interests of society – in our judgment, that is simply a somewhat fuller way of saying that the appellant's continued presence in the United Kingdom would be to its detriment – and secondly, that the reasons are given to the appellant for making the recommendation. Mr Turner who appeared before the Court as amicus curiae submitted that EEC law here simply mirrors the law and practice of this country. With that submission we agree."
1 Cites

1 Citers


 
Regina v Spura (1988) 10 Crim App R (S) 376
3 Jan 1988


Criminal Sentencing, Immigration
The court considered the test for ordering deportation of an EU National after completion of his sentence of imprisonment, applying Bouchereau and Nazari: ". . in the case of Escauriaza . . the Court . . concluded, accepting a submission from an amicus experienced in these matters, that EEC law simply mirrored the law and practice of the United Kingdom. On that basis, one goes back to the test originally laid down in Nazari…where the test was said to be "does the potential detriment to this country justify the recommendation for deportation of this Appellant?...The overall test, as distilled by the European Court in Bouchereau is whether [a full enquiry into the circumstances] reveals that a genuine and sufficiently serious threat to the requirements of public policy has affected the fundamental interests of society."
1 Cites

1 Citers



 
 Weeks v The United Kingdom; ECHR 5-Oct-1988 - (1988) 10 EHRR 293; [1988] ECHR 18; 9787/82
 
Regina v Chapman (1989) 11 Cr App R (S) 222
1989
CACD

Criminal Sentencing
cw The court considered the sentencing principles after an entrapment.
1 Citers



 
 Regina v Butcher; CACD 1989 - (1989) Cr App R(S) 104
 
Regina v Allyson [1989] 11 Cr App R (S) 60
1989


Criminal Sentencing

1 Citers



 
 Regina v Birch; CACD 1989 - (1989) 11 Cr App R (S) 202
 
Regina v Pettipher [1989] 11 CAR (S) 321
1989
CACD

Criminal Sentencing, Road Traffic

1 Citers



 
 Soering v The United Kingdom; ECHR 7-Jul-1989 - 14038/88; (1989) 11 EHRR 439; [1989] ECHR 14; ECLI:CE:ECHR:1989:0707JUD001403888
 
Junior Reid, Roy Dennis and Oliver Whylie v The Queen; Errol Reece, Robert Taylor and Delroy Quelch v the Queen [1989] UKPC 1; [1990] 1 AC 363
27 Jul 1989
PC
Lord Diplock
Criminal Sentencing, Human Rights, Commonwealth
PC (Jamaica)
1 Citers

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