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Criminal Sentencing - From: 1994 To: 1994

This page lists 63 cases, and was prepared on 21 May 2019.

 
Regina v Chapman (1994) 15 Cr App R (S) 844
1994
CACD
Mr Justice Sachs
Criminal Sentencing
A persistent armed robber was finally sentenced to life. He appealed saying that as it was not his mental state that made him dangerous, a life sentence was not appropriate. Held: The appellant did not fall into that category, and life imprisonment was inappropriate. However, "he is a committed criminal at war with society, using guns and is very dangerous indeed. We take into consideration that he also commits offences when he is given the opportunity to abscond from prison."
1 Citers


 
Regina v Christie (1994) 16 Cr App R (S) 469
1994
CACD
Mr Justice Wright
Criminal Sentencing
It can be wrong in principle to apply section 2(2)(b) in the most serious cases. The section is intended to protect the public where a sentence according with the offence might not be sufficient. In the most serious cases, there is a risk that a sentence extended under the Act could be a double sentence. Earlier guidelines for such cases already contain an inherent factor to reflects not only the seriousness of the offence but also the need to protect the public from persons who engage in professional crime who are ex hypothesi, likely to be regarded as dangerous to the public.
Criminal Justice Act 1991 2(2)(b)
1 Cites


 
Regina v Shaw (1993) 14 Cr App R (S) 53
1994
CACD

Criminal Sentencing
cw Entrapment sentencing.

 
Re Walbrook and Glasgow [1994] 15 Cr App R (S) 783
1994

Dyson J
Criminal Sentencing
It is for the appellant to show, on balance of probability, that the amount that might be realised in respect of property was less than the value of the proceeds of crime.
Criminal Justice Act 1988
1 Citers


 
Regina v Keogh (1994) 15 Cr App R (S) 279
1994
CACD

Criminal Sentencing
Sentencing for shoplifting
1 Citers


 
Regina v Hogg and others [1994] NI 258
1994
CANI

Northern Ireland, Criminal Sentencing
The court considered sentences for the importation of drugs: "1. Importation of drugs on a large scale is the most serious offence in this area, and is invariably to be visited with a substantial custodial sentence. We respectfully agree with the guidelines set out by Lane CJ in R v Aramah (1982) 4 Cr App R (S) 407.
2. Supplying drugs is the next in descending order of gravity, with possession with intent to supply a short distance behind. In many cases there may be little distinction between them, for the charge may depend on the stage of the proceedings at which the defendant was apprehended. In all but exceptional cases they will attract an immediate custodial sentence, which may range from one of some months in the case of a small quantity of Class B drugs to one of four or five years or more in the case of supply of appreciable commercial quantities of Class A drugs. We do not find it possible to narrow the range any more closely, for much will depend on the circumstances of the supply, its scale, frequency and duration, the sums of money involved and the defendant's previous record, together with his or her individual circumstances."
1 Citers


 
Regina v Egdell (1994) 15 Cr Appeal R(S) 509
1994
CACD
Wright J
Criminal Sentencing
Wright J: "We underline the plain necessity yet again for sentencers, when dealing with offenders of all ages, to direct themselves fully as to the various statutory provisions relating to the individual custodial sentences, to make clear when passing sentence that they have done so, and the nature of the sentence that they intend to impose. Such requirement is the more essential when dealing with juvenile offenders, especially since the age that an offender ceases to be a young person for the purposes of the criminal law has now been raised from 17 to 18 by section 68 of the 1991 Criminal Justice Act.
We have also yet again to say that a like responsibility rests upon counsel for the Crown and indeed upon the officers of the Court. Yet again this Court has to point out that prosecuting counsel appears to have failed to note the omissions or errors in the sentence passed by the learned judge, or draw his attention to those matters."

 
Regina v Delaney [1994] NIJB 31
1994

Hutton LCJ
Northern Ireland, Criminal Sentencing
The court should be very slow to impose what it regards as anything other than the right sentence simply because it or another court has imposed a "wrong" sentence on a co-defendant: "The principle served by this approach is that where right thinking members of the public looking at the respective sentences would say that something had gone wrong the court should step in … It should not be supposed, however, that the court will be prepared to invoke the principle and make the reduction unless there is a really marked disparity, for unless that condition is satisfied it will not regard any sense of grievance felt by an appellant as having sufficient justification. It is only if a fair-minded and right-thinking person would feel that the disparity involved some unfairness to the appellant, as distinct from a possibly rueful feeling that his associate has been more fortunate in his treatment, that a court should intervene."
1 Citers


 
Regina v Thacker (1994) 16 Cr App R (S) 461
1994

Lord Bingham CJ
Criminal Sentencing
The question arose as to whether drugs which had been seized by Customs could be described as property held by the defendant. Held: Lord Bingham CJ said: "It appears that seizure by the Customs and Excise under the Customs and Excise Management Act 1979 has the effect of forfeiting the drugs so that they are no longer the property of the former owner: see [1995] Crim LR 89 at 90-91. But even if the drugs had still been held by the defendant within the meaning of section 62(5)(a) of the 1994 Act -- and this could well be the position where it was the police and not the Customs and Excise who seized the drugs -- so that the property would on its face be realisable property within the meaning of section 6(2)(a) of the 1994 Act, the drugs would still be without value as realisable property. That is because, by virtue of section 7(1) of the 1994 Act to which we have already made reference, the value of the property is to be taken as its market value and the market value must be the market value if the property is sold lawfully. In the case of drugs, it is obvious that the drugs cannot be sold lawfully and therefore they have no market value."
1 Citers


 
Regina v Szrajber (1994) 15 Cr App R (S) 821
1994
CACD
Latham J
Criminal Sentencing
Latham J discussed the periods of sentence to be imposed in default of payment of a confiscation order: "The use of the words "the maximum period" [in the statute] makes it quite plain that it was intended that these should indeed be maximum periods, in other words that the court when imposing a period of imprisonment in default was to have a discretion below that maximum period. Normally the court is likely to determine that the appropriate period in default will fall between the maximum for the band immediately below that which was being considered, and the band itself. In the present case the sum in question is the band of £250,000 to £1 million for which the appropriate maximum is five years' imprisonment. The band next below it, which is £100,000 to £250,000 has a maximum of three years, so one would normally expect that the sentence would be between three and five years and would of course be determined in the exercise of the court's discretion by reference to the amount which was in fact in question in the particular case.
In determining the right figure in default, we have to consider the circumstances of the case, the overall seriousness of the matter; but in particular we bear in mind that the purpose of the imposition of a period of imprisonment in default is to secure payment of the amount which the court has ordered to be confiscated. We consider that it is not necessarily appropriate to approach the case on a simple arithmetical basis, in other words providing a sort of ladder up the scale from three years to five years dependent on where within the band the confiscation order lies, otherwise Parliament would presumably have indicated that that was the way to do it by rather clearer definition in the scaling process."
1 Citers


 
Regina v Snarski (1994) 15 Cr App R (S) 19
1994
CACD

Criminal Sentencing

1 Citers



 
 Regina v Shepherd; Regina v Wernet; Attorney General's References Nos. 14 and 24 of 1993; CACD 26-Jan-1994 - Ind Summary, 31 January 1994; Gazette, 02 February 1994; Gazette, 26 January 1994; [1994] 15 CAR (S) 640
 
Regina v Highbury Corner Justices, Ex Parte Uchendu Times, 27 January 1994
27 Jan 1994
QBD

Criminal Sentencing
Justices to give regard to proportionality in respect of rates default.
SI 1989 No 1058

 
Regina v Brown (Garry) Times, 02 February 1994
2 Feb 1994
CACD

Criminal Sentencing
Defendant's remorse should not of itself be enough to prevent a court passing an appropriate sentence.

 
Regina v Cowley Times, 02 February 1994
2 Feb 1994
CACD

Criminal Sentencing
The value of a shotgun was not relevant to the issue of setting the level of a fine for its unlicensed possession.

 
Regina v Shewring Ind Summary, 14 February 1994
14 Feb 1994
CA

Criminal Sentencing
Sentence reduced to allow for parity of parole expectations with co-defendant.

 
Regina v Secretary of State for the Home Department, ex parte T; Same v Same ex parte H and Others Gazette, 16 February 1994
16 Feb 1994
QBD

Criminal Sentencing, Prisons
Time in a mental hospital counts toward sentence served for parole purposes.

 
Regina v Reeves Ind Summary, 21 February 1994
21 Feb 1994
CACD

Criminal Sentencing
A deterrent sentence was appropriate for a supplier of Ecstasy tablets.

 
Regina v Khan (Abdul) Ind Summary, 21 February 1994; Times, 24 February 1994
21 Feb 1994
CA

Criminal Sentencing, Criminal Practice, Magistrates
A Youth Court must delay its sentence of a youth where that youth had been committed to the Crown Court for other offences, until that procedure was complete.


 
 Regina v Mansell; CACD 23-Feb-1994 - Ind Summary, 14 March 1994; Times, 23 February 1994; (1994) 15 Cr App R (S) 771
 
Regina v M (Sentence) Times, 01 March 1994
1 Mar 1994
CACD

Criminal Sentencing
Late and cynical plea and offer of help may not reduce sentence.


 
 Regina v Latif, Regina v Shahzad; CACD 17-Mar-1994 - Times, 17 March 1994; Gazette, 11 May 1994; (1994) 15 Cr App R (S) 864
 
Regina v Brendan Ind Summary, 21 March 1994
21 Mar 1994
CA

Criminal Sentencing
Sentence on basis of law at time of offence substituted.

 
Regina v Szraiber Ind Summary, 21 March 1994
21 Mar 1994
CACD

Criminal Sentencing
Term in default of payment of fine may be less than maximum.


 
 Regina v Richardson, Regina v Teixeira etc; CACD 4-Apr-1994 - Ind Summary, 04 April 1994; Times, 18 March 1994; [1994] 15 Cr App R (S) 876
 
Regina v Kempley Times, 05 April 1994
5 Apr 1994
CA

Criminal Sentencing
There must be an element of deterrence in sentencing for the supply of the drug ecstasy.

 
Regina v Morgan Times, 05 April 1994
5 Apr 1994
CA

Criminal Sentencing
No guideline for laundering of proceeds of drugs - too wide variation.
Drug Trafficking Offences Act 1986 24(1)

 
Regina v Rogan Ind Summary, 11 April 1994
11 Apr 1994
CA

Criminal Sentencing
Judge may act without a pre-sentence report - but generally will be wrong to do so.

 
Regina v Secretary of State Home Department, ex parte McCartney Times, 25 May 1994; Independent, 25 May 1994; Court of Appeal (Civil Division) Transcript No. 667 of 1994
25 May 1994
CACD
Hoffmann LJ
Criminal Sentencing
Under the applicable legislation the trial judge fixed the tariff for discretionary life sentence prisoners, but there were transitional provisions which required the Secretary of State to fix the tariff for discretionary lifers who had been sentenced before the new judicialised regime came into force. Held: The Home Secretary is not free to take his own view of length of sentence under s34, but certify his own view of the appropriate tariff in schedule 12 certificate for a lifer.
Criminal Justice Act 1991 34 sch12 9(1)
1 Cites

1 Citers


 
Regina v Secretary of State for Home Department and Another Ex Parte MacNeill Times, 26 May 1994
26 May 1994
QBD

Criminal Sentencing
The Home Secretary may revoke a lifer's licence on evidence of criminal activity falling short of a conviction.

 
Regina v Aranguren, Regina v Aroyewumi, Regina v Bioshogun, Regina v Littlewood Etc Independent, 30 June 1994; Times, 23 June 1994; [1994] 16 Cr App R (S) 211
23 Jun 1994
CA

Criminal Sentencing
Sentences for drug importation to be based on 100% pure weight not on street value.
1 Citers


 
Regina v Rothery; Regina v Byrne; Regina v Briggs; Regina v Whitmore Ind Summary, 04 July 1994; Times, 19 May 1994
4 Jul 1994
CACD

Criminal Sentencing
Ram-raiding is serious theft on a par with robbery for sentencing purposes. The court listed further aggravating factors.

 
Regina v Montgomery Ind Summary, 25 July 1994; Times, 19 July 1994; [1995] 2 Cr App R 23
19 Jul 1994
CACD

Criminal Sentencing
A witness had refused to give evidence, and found to have committed contempt. Held: Guidelines were given on sentencing for offences of interfering with the course of justice, criminal contempt, refusal to give evidence and so forth.
The court set out the matters likely to influence the level of punishment appropriate in cases of contempt of court:
(a) the effect or potential consequences of the breach upon the trial or trials and upon those participating in them;
(b) the scale of the breach, with particular reference to the numbers of people to whom the report was made, over what period and the medium or media through which it was made;
(c) the gravity of the offences being tried in the trial or trials to which the reporting restrictions applied;
(d) the contemnor's level of culpability and his or her reasons for acting in breach of the reporting restrictions;
(e) whether or not the contempt was aggravated by subsequent defiance or lack of remorse;
(f) the scale of sentences in similar cases, albeit each case must turn on its own facts;
(g) the antecedents, personal circumstances and characteristics of the contemnor;
(h) whether or not a special deterrent was needed in the particular circumstances of the case.
1 Citers


 
Lincoln Anthony Guerra and Another v Cipriani Baptiste and others Independent, 29 September 1994; Times, 29 July 1994
29 Jul 1994
PC

Human Rights, Criminal Sentencing, Commonwealth
(Trinidad and Tobago) A conservatory order could be made by the committee in order to prevent a prisoner being executed before his appeal could be heard by them.
[ PC ]
 
Regina v Secretary of State for Home Department ex parte Kickey and Others Independent, 02 August 1994
2 Aug 1994
CACD

Criminal Sentencing
A fifer loses his parole review rights on a transfer to a Mental Hospital.

 
Regina v Parole Board Ex Parte Lodomez Times, 03 August 1994
3 Aug 1994
QBD

Criminal Sentencing
Reasons for decisions of Parole Board must be given in writing.

 
Regina v Chadwick (Barry John) Times, 10 August 1994
10 Aug 1994
CACD

Criminal Sentencing
Use of teeth in assault may be equivalent to use of weapon - sentence doubled.

 
Regina v Hadley Times, 11 August 1994
11 Aug 1994
CACD

Criminal Sentencing
Judge increasing his own sentence after a mistake was to use the Court of Appeal guidelines.

 
Regina v Joszko Times, 11 August 1994
11 Aug 1994
CACD

Criminal Sentencing
A burglary with intent to rape was not itself a sexual offence for sentence purposes.
Criminal Justice Act 1991 31(1)

 
Regina v Williams (Robert Anthony) Ind Summary, 05 September 1994; Times, 19 August 1994
19 Aug 1994
CACD

Criminal Sentencing
The Court may make order an order for consecutive terms of imprisonment where the defendant was being sentenced after attaining the age of 21. The section didn't restrict the Judge's powers on a normal sentencing exercise.
Criminal Justice Act 1982 1A(6)

 
Regina v H (Sexual Offence: Sentence) Ind Summary, 24 October 1994; Times, 13 October 1994
13 Oct 1994
CACD

Criminal Sentencing
There was an anomaly in maxima between different offences of sexual assault and unlawful sexual intercourse.
Sexual Offences Act 1956 6 10

 
Regina v Dalton Times, 25 October 1994
25 Oct 1994
CACD

Criminal Sentencing
Lifer for sex offence may appeal against fixed term part of sentence.
Criminal Justice Act 1991 22(2) 34

 
Regina v Secretary of State for Home Department Ex Parte Chapman Times, 25 October 1994; Gazette, 16 November 1994
25 Oct 1994
QBD

Criminal Sentencing
A prisoner is to be allowed to make representations on the setting of the fixed part of his life sentence, and on reviews.
Criminal Justice Act 1991 Sch12(9)

 
Regina v Morris Independent, 25 October 1994; Times, 20 October 1994; [1995] 2 Cr App R 69
25 Oct 1994
CACD

Criminal Sentencing, Criminal Evidence
The otherwise unexplained or unexplainable possession of large amounts of cash can be admissible as evidence of drug dealing.
1 Citers


 
Regina v Rayner; Regina v Wing Ind Summary, 28 November 1994; Times, 31 October 1994
31 Oct 1994
CACD

Criminal Sentencing
The court will take no note of campaigns for long sentence, if the criminality at issue doesn't justify it. In causing death by dangerous driving, the main factor is the criminality of offender, not entirely the result.

 
Regina v Coughlan Ind Summary, 21 November 1994; Times, 31 October 1994
31 Oct 1994
CACD

Criminal Sentencing
A Judge may distinguish drugs within classes, but may not treat a drug as if in a different class than it actually is.
Misuse of Drugs Act 1971


 
 In Re S (Confiscation Order); QBD 1-Nov-1994 - Times, 01 November 1994
 
Regina v Bennett (Stephen) Ind Summary, 07 November 1994
7 Nov 1994
CACD

Criminal Sentencing
Repeated aggravated TWOC; normal sentence is imprisonment - even for first repetition.

 
Regina v Peacock Ind Summary, 19 December 1994; Times, 07 November 1994
7 Nov 1994
CA

Criminal Sentencing
A condition not to commit further offences was lawfully attached to a probation order.
Powers of Criminal Courts Act 1973 2-1-b, 3-1-b

 
Regina v Thomas (Ian) Times, 08 November 1994
8 Nov 1994
CACD

Criminal Sentencing
A good record was not sufficient to prevent the Judge from imposing an extended sentence of imprisonment for serious violence.
Criminal Justice Act 1991 2(2)(b)

 
Regina v Dalton Gazette, 09 November 1994
9 Nov 1994
CACD

Criminal Sentencing
Appeal lies against 'relevant part' of discretionary life sentence.
Criminal Justice Act 1991 3 34(1)(b)


 
 Regina v Jordan; CACD 10-Nov-1994 - Ind Summary, 19 December 1994; Times, 10 November 1994; [1994] CLY 1196
 
Regina v D Ind Summary, 14 November 1994
14 Nov 1994
CACD

Criminal Sentencing
Appeal lies against 'relevant part' of discretionary life sentence.

 
Regina v Akengin Ind Summary, 14 November 1994
14 Nov 1994
CACD

Criminal Sentencing
Judge to give succinct analysis of findings of benefits from drug trafficking.
Drug Trafficking Offences Act 1986

 
Regina v Fox (Michael) Ind Summary, 09 January 1995; Times, 24 November 1994
24 Nov 1994
CACD

Criminal Sentencing
Reduction in relevant part of life sentence for consideration on parole. The 'relevant part' not end of entire sentence but when parole considered.
Criminal Justice Act 1991 34(3)

 
Regina v Ribbans, Duggan, Ridley Times, 25 November 1994
25 Nov 1994
CACD

Criminal Sentencing
A proven racist element in an assault will justify the passing of an increased sentence.

 
Cleveland County Council v Director of Public Prosecutions and Another Gazette, 08 February 1995; Times, 01 December 1994
1 Dec 1994
QBD

Children, Criminal Sentencing
Justices have no power, when commit a child to the care of a Local Authority to specify at the same time, where the child was to reside.
Children and Young Persons Act 1969 23

 
Regina v Piggott Unreported transcript 2 November 1994
2 Dec 1994


Criminal Sentencing, Police
The offender had pleaded guilty to two offences of robbery. He sought to rely on information he had provided to the police in mitigaion. At a hearing before the sentencing judge on 4 November 1993, the police provided the court with a text. At a further hearing on 24 November 1993, defence counsel indicated that there was further relevant material not set out in the text. Prosecuting counsel said he did not know if there was any more information. The judge adjourned sentence for 14 days to enable the defence to put matters before the prosecution. When the case was listed for sentence, there was no new material and the judge proceeded to sentence. The offender appealed and was granted leave on the basis that he had provided material to the court which, if confirmed by the police, would be relevant to sentence. The court directed that the prosecution attend on the appeal and that it should put itself in a position where it could confirm or not confirm the material put forward by the offender. When the appeal was brought on for hearing, no more information had been provided; after argument, the court directed that any relevant information be provided. When the court next sat for the hearing of the appeal, information was provided that broadly confirmed the matters that the offender had sought to have confirmed before the trial judge. Held: The court was critical of the position taken by the police. It observed: "More important the sentencing judge was not made aware of matters of potential relevance to his sentencing decision when the interests of justice required that he should have been given the information now available to this court.
The position facing police officers in the present context is never straight forward and requires careful judgment. However, we reject any suggestion that the decision whether to provide a text or not is simply a matter for the discretion of the police. In principle, if a defendant seeks to put material before the court by way of mitigation, which the court will not begin to consider unless confirmed in writing by the prosecution authority, then accurate information in the appropriate form confirming or refuting, in whole or in part, the assertions made by or on behalf of the defendant should be made available to the sentencing court by the prosecution."
1 Citers


 
Regina v Townsend Times, 12 December 1994
12 Dec 1994
CA

Criminal Sentencing
'R v Neem' was criticised. A court may imprison for a first but nevertheless persistent offence.

 
Huntley v The Attorney General for Jamaica and, The Director of Public Prosecutions [1994] UKPC 46
12 Dec 1994
PC

Criminal Sentencing
(Jamaica)
[ Bailii ]
 
Regina v Lilley Ind Summary, 12 December 1994
12 Dec 1994
CACD

Criminal Sentencing
Any disparity between UK and Dutch sentencing practice on drugs was irrelevant.

 
Regina v Dashwood Times, 12 December 1994
12 Dec 1994
CACD

Criminal Sentencing
Sentencing for offences 15 year old - to be looked at in the round.


 
 Regina v Davies; CACD 30-Dec-1994 - Ind Summary, 13 February 1995; Times, 30 December 1994
 
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