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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: 1995 To: 1995

This page lists 56 cases, and was prepared on 21 May 2019.

 
Regina v Efionayi [1995] 16 Cr App R (S) 380
1995
CACD

Criminal Sentencing

1 Citers


 
Attorney General's Reference Nos 32 and 33 of 1995 Pegg and Martin (1996) 2 Cr App R (S) 345
1995
CACD
Lord Taylor C.J
Criminal Sentencing
The court considered a sentence for a violent attack on an elderly person. Held: Where an elderly victim, living alone, is violently attacked by intruders within the home and is injured the likely sentence will be in double figures. Such attacks are particularly despicable and will be regarded by the court as deserving of severe punishment. Elderly victims living alone are vulnerable, not only because of the lack of assistance but also because of their own weakness and isolation. Any attack on such a person is cowardly and can only be expected to be visited with a very severe punishment.
1 Citers


 
Regina v Ecclestone [1995] 16 Cr App R(S) 9
1995
CACD

Criminal Sentencing

Firearms Act 1986

 
Attorney-General's Reference No. 41 of 1994; Regina v Michael James O'Boyle [1995] 16 Cr App R (S) 792
1995
CACD
Lord Taylor C.J
Criminal Sentencing
The level of sentencing for a section 18 offence involving 'glassing' is "somewhere between two-and-a-half years’ to five years’ imprisonment, depending on the individual circumstances".
Offences Against the Person Act 1861 18
1 Citers


 
Regina v Hinton (1995) 16 Cr App R(S) 523
1995
CACD
Lord Taylor CJ
Criminal Sentencing
The defendant had pleaded guilty to indecent assault on his 15 year old stepdaughter. The reason for the charge being under section 14 was that the time limit for prosecution under section 6 had expired. The sentence exceeded the maximum for the section 6 offence. Held: The court considered sentencing where the defendant had been convicted of sexual assault rather than unlawful sexual intercourse, because the time limit for the latter offence had passed. (?1995)
1 Citers



 
 Regina v Currey; CACD 1995 - (1995) Cr App R (S) 421
 
Regina v Daly and England [1995] 16 Cr App R (S) 777
1995
CACD

Criminal Sentencing
Two men poured petrol over and set fire to the car of another man. Unknown to them the owner was asleep inside the car and he was as a result killed. Sentences of 7 years were upheld.
1 Citers



 
 Regina v Mason; CACD 1995 - [1995] 16 Cr App R(S) 804

 
 Regina v Carroll; CACD 1995 - [1995] 16 Crim App R (S) 488

 
 Attorney General's Reference No 6 of 1994 (Regina v Lee); CACD 1995 - (1995) 16 Cr App R(S) 343
 
Regina v Dashwood Ind Summary, 30 January 1995
30 Jan 1995
CACD

Criminal Sentencing
No sentencing rules for sex abuse after long delay for offence as child.

 
Regina v Moore Gazette, 08 February 1995
8 Feb 1995
CACD

Criminal Sentencing
A defendant subject to a conditional discharge does not have a conviction which can be used to bring into effect a suspended sentence.
Powers of Criminal Courts Act 1973 1C


 
 Welch v United Kingdom; ECHR 15-Feb-1995 - Times, 15 February 1995; Independent, 22 February 1995; 17440/90; (1995) 20 EHRR 247; [1995] ECHR 4; [1996] ECHR 12; [1995] ECHR 4

 
 Regina v Cini; CACD 17-Feb-1995 - Times, 17 February 1995
 
Regina v Morley Ind Summary, 06 March 1995; Times, 25 January 1995
6 Mar 1995
CACD

Criminal Sentencing
No 'loss of time order' is to be made against a prisoner, once he has been granted leave to appeal by single Judge.
Criminal Appeal Act 1968 29

 
Regina v Leaney Independent, 11 April 1995
11 Apr 1995
CACD

Criminal Sentencing
The Court of Appeal is unable to interfere with Judge's recommended minimum for a lifer, even though it may recommend a change.
Murder (Abolition of Death Penalty) Act 1965

 
Regina v Leaney Times, 12 April 1995
12 Apr 1995
CACD

Criminal Sentencing
Court of Appeal doubts wisdom of present rules for minimum sentences for mandatory life sentence.
Criminal Appeal Act 1968

 
Regina v North Wiltshire Justices Ex Parte Workman Ind Summary, 24 April 1995
24 Apr 1995
QBD

Criminal Sentencing
An adjournment for sentence is to decide what sentence not whether to sentence.
Magistrates Courts Act 1980 10-3

 
Regina v Croydon Youth Court Ex Parte G (A Minor) Times, 03 May 1995
3 May 1995
QBD

Criminal Sentencing
The remand of a young person to prison is to be used protect the public not to prevent the commission of offences.
Children and Young Persons Act 1969 23(5)

 
Regina v Leaney Gazette, 03 May 1995
3 May 1995
CACD

Criminal Sentencing
The Court of Appeal may not review a minimum period recommendation for murderer despite excess.
Murder (Abolition of Death Penalty) Act 1965


 
 Regina v Hastings; CACD 5-May-1995 - Ind Summary, 12 June 1995; Times, 05 May 1995
 
Regina v Richard Ind Summary, 08 May 1995
8 May 1995
CACD

Criminal Sentencing
A threat of violence without a direct and immediate possibility of violence is not itself an offence of violence.
Criminal Justice Act 1991 31(1)

 
Regina v Governor of Styal Prison, Ex Parte Mooney Times, 17 May 1995
17 May 1995
QBD

Criminal Sentencing
Periods spent in custody are to be set off against a later sentence as 'time served' only in respect of the offences for which they were actually held in custody on remand.
Criminal Justice Act 1967 67


 
 Regina v O'Loughlin; CACD 19-May-1995 - [1995] EWCA Crim 3
 
Regina v Johnson (Thomas) Times, 22 May 1995
22 May 1995
CA

Criminal Sentencing
Consecutive sentences are appropriate for the supply of drugs causing severe injury.
Criminal Justice Act 1988 36

 
Bradshaw and Roberts v The Attorney General, Superintendent of Glendairy Prison And, The Chief Marshall Times, 01 June 1995; Gazette, 21 June 1995; [1995] UKPC 21
24 May 1995
PC

Human Rights, Criminal Sentencing
(Barbados) The maximum of 5 years to be spent awaiting the death penalty is appropriate and is not to be varied, even though it might be calculated broadly. It serves as a good general guideline.
(Barbados)
[ Bailii ]

 
 Regina v Foran; CACD 1-Jun-1995 - Gazette, 13 July 1995; Times, 01 June 1995
 
Thomas Reckley v The Minister of Public Safety and Immigration and others (Petition for a stay of execution) Gazette, 19 July 1995; Independent, 23 June 1995; Times, 15 June 1995; [1995] UKPC 2; [1995] AC 491
13 Jun 1995
PC

Criminal Sentencing, Human Rights, Commonwealth
(The Bahamas) If a serious constitutional issue is fairly raised by an appeal as to the constitutionality of the death penalty, then the death penalty must be stayed.
1 Citers

[ Bailii ] - [ PC ] - [ PC ]

 
 Regina v Ragg; CACD 19-Jun-1995 - Ind Summary, 19 June 1995

 
 Regina v Evans; CACD 26-Jun-1995 - Ind Summary, 03 July 1995; Ind Summary, 26 June 1995

 
 Regina v Warren; Regina v Beeley; CACD 4-Jul-1995 - Ind Summary, 17 July 1995; Times, 04 July 1995

 
 Regina v Middleton (Attorney General's Reference No 14 of 1994); CACD 13-Jul-1995 - Times, 13 July 1995

 
 Regina v Wilson; CACD 17-Jul-1995 - Ind Summary, 17 July 1995

 
 Regina v Hussain; CACD 24-Jul-1995 - Ind Summary, 24 July 1995
 
Regina v Nottingham Crown Court Ex Parte Director of Public Prosecutions Ind Summary, 24 July 1995
24 Jul 1995
QBD

Criminal Sentencing
Common assault sentence must reflect seriousness of injury to complainant.
Criminal Justice Act 1988 39

 
Regina v Secretary of State for the Home Department and Governor of Frankland Prison Ex Parte Zulfikar (1) Times, 26 July 1995
26 Jul 1995
QBD
Stuart-Smith LJ, Butterfield J
Criminal Sentencing, Prisons
An admission of guilt by a prisoner is not a pre-requisite for granting him parole, but it is a question of the circumstances of each case. A prisoner denied his guilt of the offence of arson with intent to endanger life. The Parole Board declined to recommend him for parole, and he challenged the decision by way of judicial review. It was submitted on his behalf that it is unlawful to exclude a man altogether from consideration for parole on grounds only that he maintains his innocence of the offence of which he was convicted. Held: “Where a prisoner either pleads guilty or after conviction later accepts his guilt, it is plain that he is in a position to address his offending in the sense that he can examine his underlying motivation, unreasonable reactions to stress or provocation and anger management and such like matters. But there may be a variety of reasons why a prisoner will not accept his guilt. He may genuinely have been wrongly convicted. Although inwardly he may know he is guilty, he may be unwilling to accept that he has lied in the past or confront loss of face in accepting what he has hitherto denied. Where, for example, the offence is one of specific intent, he may genuinely have persuaded himself that he did not have the necessary intent. Such a man may in all other respects be a model prisoner. He may have behaved impeccably in prison, occupied his time constructively and shown himself trustworthy and reliable with a settled background to which to return. Should he be denied parole solely because of his attitude to the offence? In the majority of cases I think plainly not. Each case will depend upon its own circumstances and this Court should avoid trying to lay down principles which may well not be universally applicable. While I have no doubt that paragraph 1.3(b) should be taken into account in all cases, the weight to be attached to it will vary greatly. At one end of the scale is the persistent offender, in particular the persistent sex offender, who refuses to accept his guilt in the face of clear evidence and is unable to accept that he has a propensity to such conduct which needs to be tackled if he is not to offend again.
In such a case it may well be a determinative consideration. At the other end of the scale is the first offender, where the motivation for the offence is clear and does not point to a likelihood of re-offending. In the majority of cases it is unlikely to be more than one of many factors to which undue weight should not be given."
1 Citers


 
Regina v Inner London Crown Court Ex Parte Barnes (Anthony) Times, 07 August 1995; Ind Summary, 11 September 1995
7 Aug 1995
QBD

Criminal Practice, Criminal Sentencing
A youth's name is not to be publicised merely to attract publicity to other points which the judge wishes to make.
Children and Young Persons Act 1963 39

 
Chan (Chi Hung) v The Queen Times, 07 August 1995; Gazette, 13 September 1995; Independent, 06 September 1995
7 Aug 1995
PC

Criminal Sentencing, Commonwealth
A sentence may be passed in the light of a statutory reformulation of the offence after the charge. The sentence in this case remained appropriate.


 
 Regina v Iqbal; CACD 5-Sep-1995 - Times, 05 September 1995

 
 Regina v Warren; Regina v Beeley; CACD 6-Sep-1995 - Gazette, 06 September 1995
 
Re Londono Gazette, 13 September 1995
13 Sep 1995
CACD

Criminal Sentencing
Order enforcing foreign drug trafficking case can be made here despite no defendant.

 
Regina v South Tyneside Justices Ex Parte Martin Independent, 20 September 1995
20 Sep 1995
QBD

Criminal Sentencing
Justices to have criminal standard proof of wilful refusal pay in order to commit for poll tax.
Community Charge (Administration and Enforcement) Regulations 1989

 
Regina v Secretary of State for the Home Department Ex Parte Briggs and Others Independent, 26 September 1995
26 Sep 1995
QBD

Criminal Sentencing
Change in prison home visit eligibility did not break any legitimate expectation of the prisoner.

 
Regina v Nottingham Crown Court Ex Parte Director of Public Prosecutions Times, 05 October 1995
5 Oct 1995
QBD

Criminal Sentencing
Necessary element in sentencing assault cases is consideration of injury caused.
Criminal Justice Act 1988 39

 
Regina v Beswick Ind Summary, 23 October 1995; Times, 10 October 1995; [1996] 1 CAR(s) 427
10 Oct 1995
CACD

Criminal Sentencing
A Judge can refuse to accept an unjustified agreement between the prosecution and defence as to the facts which form the basis on which the defendant is to be sentenced. The court gave general guidance on the basis of sentence after a guilty plea.
1 Citers


 
Regina v Basid Gazette, 08 November 1995; Ind Summary, 30 October 1995; Times, 19 October 1995
19 Oct 1995
CACD

Criminal Sentencing
The court has no power to detain an offender aged under 18 for the non payment of a fine or drugs confiscation order.
Criminal Justice Act 1982 9(1)


 
 Regina v Gregory; CACD 31-Oct-1995 - Times, 31 October 1995
 
Regina v Dunham Times, 02 November 1995
2 Nov 1995
CACD

Criminal Sentencing
The court may re-sentence a defendant where the first sentence was unlawful if the proper procedure was now followed.
Supreme Court Act 1981 47-2

 
Lincoln Anthony Guerra v Cipriani Baptiste and others (No 2) Times, 08 November 1995; Independent, 15 November 1995; [1995] UKPC 3; Appeal No 11 of 1995; [1996] 1 A C 397
6 Nov 1995
PC

Human Rights, Criminal Sentencing, Constitutional, Commonwealth
(Trinidad and Tobago) The execution of a prisoner after a substantial delay of 5 years was a breach of his constitutional rights, constituting cruel and unusual punishment.
1 Cites

1 Citers

[ Bailii ] - [ PC ]
 
Regina v Dunham Ind Summary, 13 November 1995
13 Nov 1995
CACD

Criminal Sentencing
Defendant may be re-sentenced within 28 days of original unlawful sentence.

 
Regina v Secretary of State for Home Department Ex Parte Pierson Independent, 14 November 1995; Times, 29 November 1995
14 Nov 1995
QBD

Criminal Sentencing
The Home Secretary does not have the power to increase a mandatory lifer's base sentence for retribution purposes. His powers to revise minimum life sentence are not absolute; and must be used fairly.
1 Citers


 
Regina v Parole Board, Ex Parte Watson Independent, 22 November 1995
22 Nov 1995
QBD

Criminal Sentencing
The test for whether or not to recall a lifer who was free on licence is the same test as was used for his release, namely whether his detention was required for the protection of the public.
Criminal Justice Act 1991 34(4)(b)
1 Citers


 
Regina v D; Attorney General's Reference (No 36 of 1995) Times, 24 November 1995
24 Nov 1995
CACD

Criminal Sentencing
Previous sexual abuse of complainant was no mitigation for sexual assault.

 
Regina v Taylor (Ronald) Gazette, 10 January 1996; Times, 07 December 1995
7 Dec 1995
CACD

Criminal Sentencing
A confiscation order had been properly made against the proceeds of trafficking back to 1970, and before the Act had been created despite being retrospective.
Drug Trafficking Offences Act 1986 34

 
Regina v Secretary of State for the Home Department Ex Parte Pierson Independent, 12 December 1995; Times, 08 December 1995
8 Dec 1995
CA

Criminal Sentencing
The courts' control over the exercise by the Home Secretary of his discretion on lifers was limited to procedural fairness. It was not irrational to refuse any reduction of a lifer's minimum sentence after aggravation involving the prisoner.
Criminal Justice Act 1991 35
1 Cites

1 Citers



 
 Regina v Clue; CACD 27-Dec-1995 - Ind Summary, 12 February 1996; Times, 27 December 1995
 
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