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Criminal Sentencing - From: 1996 To: 1996

This page lists 77 cases, and was prepared on 21 May 2019.

 
Regina v Lowry (1996) 2 Cr App R (S) 416
1996
CACD

Criminal Sentencing

1 Citers


 
Regina v Goodacre (1996) 1 Cr App R (S) 424
1996
CACD

Criminal Sentencing

1 Citers


 
Regina v Shultz (1996) 1 Cr App R (S) 451
1996
CACD

Criminal Sentencing
The appellant Shultz was convicted on two robberies in which employees of businesses or their families were kidnapped by armed men entering homes at night. Members of the employees' families where threatened with death if the employee failed to co-operate with the robbers by taking money from the safe and the sentence was a one of 25 years imprisonment. Held: The sentences were upheld.
1 Citers


 
Regina v Bevan [1996] 1 Cr App R (S) 14
1996
CACD

Criminal Sentencing

1 Citers


 
Regina v Serdeiro [1996] 1 Cr App R (S) 251
1996
CACD

Criminal Sentencing
An importer of cocaine arrived at Heathrow Airport and was found to have over 20 kgs, with a purity of 90%, in his suitcase. That had a street value estimated at no less than £3.25 million in 1992. The importer described how he had gone to Rio de Janeiro, where he had been given the suitcase and asked to bring it in. He was convicted rather than pleaded guilty. The Court upheld a sentence of 18 years' imprisonment, pointing out that the fact that he had a good character was not of the same significance as in some other areas of the law, since couriers almost invariably are chosen for that amongst other features, pointing out also that he was not a big figure in the drugs trade, although he was a significant one, and stating that, in the circumstances, the proper sentence was at the upper end of the range for a courier. The Court concluded that a sentence of 18 years could not be said to be either wrong in principle or manifestly unjust.
1 Citers


 
Regina v DeFour [1996] 2 Cr App R (S) 106
1996
CACD

Criminal Sentencing
A sentence of 25 years imposed following trial upon an offender involved as a ‘prominent figure’, though not the organiser, in the importation of two consignments of heroin of 10 kilos and 5.7 kilos respectively was reduced from 25 years’ imprisonment to 20 years.
1 Citers


 
Regina v Clark [1996] 2 Cr App R 282
1996
CACD
Henry LJ
Criminal Sentencing
It was not open to a sentencer to sentence on the basis that the offence of which the defendant had been convicted was aggravated by unproved, separate and distinct offences. Henry LJ said that a defendant may only be sentenced for an offence that is either proved or admitted in court. To do otherwise would "allow him to sentence on the basis that unproved, separate and distinct offences 'aggravate' the offence of which he is convicted."
1 Citers


 
Regina v Higgins [1996] 1 Cr App R(S) 271
1996
CACD

Criminal Sentencing
The appellant had been married to the deceased for four-and-a-half years. The deceased was an alcoholic and was occasionally abusive and violent towards her. On the day of the offence the appellant and the deceased spent some time drinking together in a public house. When they returned home the deceased had a high blood alcohol level. A violent argument broke out and the deceased hit the appellant in the face. He then took a knife and held it out to her saying, "Stab me". The appellant stabbed the deceased through the heart, causing his death. The appellant's plea of guilty to manslaughter was accepted by the prosecution on the ground of lack of intention to cause grievous bodily harm. The trial judge sentenced the appellant to three years' imprisonment. Held: The appeal succeeded, and a sentence of two years probation substituted. The appellant had substantial mitigating factors to rely upon: there was the violence and provocation from the deceased which she had suffered over a period of time; in addition, the appellant suffered from clinical depression at the time of the killing.
1 Citers



 
 Regina v Nunn; CACD 1996 - [1996] 2 Cr App R(S) 136
 
The Greater Manchester Probation Committee v Bent (1996) 160 JP Rep 297
1996
QBD
Saville LJ and Blofeld J
Criminal Sentencing
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."
1 Citers


 
Regina v Harrison [1996] 2 Cr App R (S) 250
1996
CACD

Criminal Sentencing
The court considered how to sentence for an assault when the effect was disproportionate to the violence used: "A blow sufficient to fracture an egg-shell skull is very much less culpable than one which fractures a normal skull. An unlucky punch in the course of a spontaneous fight is very different from a wholly unprovoked blow to an innocent bystander".
1 Citers


 
Regina v French (1996) 16 Cr App R (S) 841
1996
CACD
Hobhouse J
Criminal Sentencing
Hobhouse J discussed the sentencing in default of payment of a sum due under a confiscation order: "It is to be borne in mind that there is a scheme under the Act whereby orders may be reviewed and whereby the period in default falls to be reduced if the order has been partially complied with. However, the hypothesis on which the order in default has to be made is that there is a wilful and total refusal to comply with the order. It postulates that the relevant person may be preferring to serve an additional period of imprisonment rather than comply with the financial order. It is not the role of the courts to encourage a defendant in any way in his non-compliance with the order. The period of imprisonment in default which is imposed should be such, within the maxima permitted, as to make it completely clear to the defendant that he has nothing to gain by failing to comply with the order."
1 Citers


 
Regina v Smith [1996] 1 CAR(S) 202
1996
CACD

Criminal Sentencing
The defendant appealed against his sentence for communicating information likely to be of assistance to an enemy. Held: The sentence for communicating information was reduced to 5.5 years' imprisonment, while the longer consecutive sentence for collecting information was unchanged.
1 Citers


 
Regina v Redbridge Magistrates Ex Parte Guppy Ind Summary, 05 February 1996
5 Feb 1996
QBD

Insolvency, Criminal Sentencing, Local Government
Justices could find a wilful refusal to pay a debt despite the defendant's assets having become vested in his Trustee on bankruptcy.

 
Thomas Reckley v Minister of Public Safety and Immigration and Others (Bahamas) (No 2) Times, 06 February 1996; [1996] UKPC 1; [1996] 1 All ER 562
6 Feb 1996
PC

Constitutional, Criminal Sentencing, Commonwealth
(The Bahamas) The actual exercise of the prerogative of mercy by a state falls outside the scope of the law. No further stay of execution granted.
[ Bailii ] - [ PC ] - [ PC ]
 
Regina v Warden (Barry John) Times, 09 February 1996
9 Feb 1996
CA

Criminal Sentencing
Periods spent in custody awaiting trial can count toward fine not just against custody.
Criminal Justice Act 1991 18(3)

 
Regina v Secretary of State for the Home Department Ex Parte Ellaway Independent, 14 February 1996
14 Feb 1996
QBD

Criminal Sentencing
On repatriation of prisoner to the UK, his remission is to be calculated by reference to balance of term remaining to be served at the time of repatriation, rather than the original sentence imposed.
Repatriation of Prisoners Act 1984

 
Botten v Norway [2001] 32 EHRR 3; 16206/90; [1996] ECHR 4; [1996] ECHR 4
19 Feb 1996
ECHR

Human Rights, Criminal Sentencing
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1 (fair hearing); Costs and expenses - claim withdrawn
The lower court had had taken evidence in public from the applicant and other witnesses. The appellate court had held a public oral hearing at which the applicant was represented but at which he gave no evidence. Held: That did not infringe Article 6. "….it is necessary to examine whether in the light of the Supreme Court's role and the nature of the issues to be decided by that court there has been a violation in the particular circumstances of the case. In carrying out this examination, the Court will confine itself to consider whether the proceedings in the present case were fair…."
1 Citers

[ Bailii ] - [ Bailii ]
 
Hussain v The United Kingdom Times, 26 February 1996; 21928/93; (1996) 22 EHRR 1; [1996] ECHR 8
21 Feb 1996
ECHR

Human Rights, Criminal Sentencing
The determination of a life sentence by the Home Secretary without recourse to a court was unlawful. There had been a violation of article 5(4) because the applicant who had been detained at Her Majesty's pleasure was unable, after the expiry of his punitive period, to bring the case of his continued detention before a court. The court said that he was entitled under article 5(4) to have the issue of his dangerousness to society, a characteristic susceptible to change with the passage of time, decided by a court at reasonable intervals. Article 5 (4) required an oral hearing in the context of an adversarial procedure involving legal representation and the possibility of calling and questioning witnesses.
European Convention on Human Rights 5.4
1 Citers

[ Bailii ] - [ Bailii ]
 
Regina v Secretary of State for the Home Department Ex Parte Ellaway Times, 21 February 1996
21 Feb 1996
QBD

Criminal Sentencing
On repatriation of prisoner, remission calculated by reference to balance of term to be served, not by original sentence.
Repatriation of Prisoners Act 1984


 
 Regina v Pearce; CACD 22-Feb-1996 - Gazette, 03 April 1996; Times, 22 February 1996
 
Regina v Shaw (Graham Guy) Times, 05 March 1996
5 Mar 1996
CACD

Criminal Sentencing
Maximum penalty reduction applies at date of conviction though committed before.
Criminal Justice Act 1991 26(1)

 
Logan v The Queen Times, 08 March 1996
8 Mar 1996
PC

Criminal Sentencing, Commonwealth
(Belize) The Privy Council may hear an appeal against the death sentence after a mercy plea had been rejected under the Belize criminal Code.
1 Citers


 
Regina v Parole Board, ex Parte Watson Times, 11 March 1996; [1996] EWCA Crim 44; [1996] 1 WLR 906
11 Mar 1996
CA
Sir Thomas Bingham MR
Criminal Sentencing, Crime
The test as to whether there was still a need to protect the public safety from the defendant was just as appropriate when considering the revocation of a licence, as it was when the need for continued detention was being reviewed before the grant of the licence: "In exercising its practical judgment the Board is … balancing the hardship and injustice of continuing to imprison a man who is unlikely to cause serious injury to the public against the need to protect the public against a man who is not unlikely to cause such injury. In other than a clear case this is bound to be a difficult and very anxious judgment. But in the final balance the Board is bound to give preponderant weight to the need to protect innocent members of the public against any significant risk of serious injury." The Parole Board, in exercising this very important function, is an independent and impartial tribunal for purposes of article 6(1) of the European Convention. It is the primary decision-maker, and is not entitled to defer to the opinion of the Secretary of State or a probation officer.
Criminal Justice Act 1991 39
1 Cites

1 Citers

[ Bailii ]
 
Regina v James Times, 18 March 1996
18 Mar 1996
CACD

Criminal Sentencing
The Court of Appeal criticised a 'scatter-gun' approach to appeals and costs of transcripts.

 
Mcrae v Parole Board for Scotland Times, 19 March 1996
19 Mar 1996
OHCS

Criminal Sentencing
Anyone who sought to challenge a Parole Board's decision has a heavy burden; the defendant here had committed an assault after his release.

 
Regina v Parole Board Ex Parte Mansell Times, 21 March 1996
21 Mar 1996
QBD

Criminal Sentencing, Prisons
A prisoner serving an extended sentence for a sex crime had no right to an oral Parole hearing.
Criminal Justice Act 1991 2(2)(b)


 
 Regina v Ellis; CACD 25-Mar-1996 - Times, 25 March 1996
 
Regina v Curtis Howard Times, 15 April 1996
15 Apr 1996
CACD

Criminal Sentencing
A discretionary life prisoner's time spent in custody abroad pending his extradition was to count and be set off against the time served here.


 
 A v Director of Public Prosecutions; QBD 18-Apr-1996 - Times, 18 April 1996

 
 Regina v Mitchell; CACD 25-Apr-1996 - [1996] EWCA Crim 188
 
Regina v Secretary of State for the Home Department Ex Parte Venables; Regina v Similar Times, 07 May 1996; Gazette, 15 May 1996
7 May 1996
QBD

Criminal Sentencing
The Home Secretary was wrong to apply adult criteria on setting a release date for a child detained during Her Majesty's Pleasure for an offence of murder.
Murder (Abolition of Death Penalty) Act 1965 1(5) 4 - Children and Young Persons Act 1933 53
1 Citers



 
 Regina v Edwards; Regina v Brandy; CACD 9-May-1996 - Times, 01 July 1996; Gazette, 12 June 1996; [1996] EWCA Crim 370
 
Regina v James Alexander Campbell (4) [1996] EWHC Admin 11
21 May 1996
Admn

Criminal Sentencing

[ Bailii ]
 
Regina v Johnstone (Darren) Times, 18 June 1996
18 Jun 1996
CACD

Criminal Sentencing, Legal Professions
Prosecuting and Defence counsel have a duty to warn the Judge if he was passing an unlawful sentence.

 
Regina v Clinton, Young [1996] EWCA Crim 663
20 Jun 1996
CACD

Criminal Sentencing
Appeal against sentence - grievous bodily harm - nine years reduced to seven years youth detention.
[ Bailii ]
 
Regina v Hodgson Times, 22 October 1996; [1996] EWCA Crim 668; [1997] 1 Cr App R (S) 399
27 Jun 1996
CACD

Criminal Sentencing
Court to make use of control over sex offenders in appropriate cases by the use of extended licences.
Criminal Justice Act 1991 44
1 Citers

[ Bailii ]

 
 Regina v Bernard; CACD 2-Jul-1996 - Times, 02 July 1996; [1997] 1 Cr App R (S) 135
 
Regina v Wagenaar; Regina v Pronk Times, 10 July 1996
10 Jul 1996
CACD

Criminal Sentencing
That the destination country of drug trafficker intended to be deported has lower penalties is not relevant.
Criminal Justice (International Co-operation) Act 1990


 
 Regina v Campbell (James Alexander); CACD 18-Jul-1996 - Times, 18 July 1996
 
Regina v Secretary of State for the Home Department Ex Parte Causabon-Vincent Times, 19 July 1996
19 Jul 1996
QBD

Criminal Sentencing
The Home Secretary's discretion on setting lifer's tariff of time to be served before release on licence permits him to allow for external factors outside those which might affect a judge.

 
Regina v Whittaker Gazette, 16 October 1996; Times, 24 July 1996; [1996] EWCA Crim 750
24 Jul 1996
CACD

Criminal Sentencing
A discretionary life sentence could properly be imposed where there had been a grave offence and there would be danger on release of the defendant, even without medical evidence having been given.
[ Bailii ] - [ Bailii ]
 
Regina v Secretary of State for the Home Department Ex Parte Venables Regina v Same, Thompson Times, 07 August 1996
7 Aug 1996
CACD

Criminal Sentencing
A sentence of a young person to 'Detention during Her Majesty's pleasure' is not to be thought of as the same as a life sentence; The Home secretary had been unfair in setting the tarriff sentence for two youths convicted of murder on a basis which would have applied to them as adults.
Children and Young Persons Act 1933 53 - Murder (Abolition of Death Penalty) Act 1965 1(5) 4
1 Cites

1 Citers


 
Regina v Ashman Times, 09 August 1996
9 Aug 1996
CACD

Criminal Sentencing
Possessors of sawn off shotguns should expect deterrent sentences. Two and a half year sentences were upheld.

 
Regina v Powell Times, 09 August 1996
9 Aug 1996
CACD

Criminal Sentencing
A Judge need not say what sentence would have been passed but for extended sentence.
Criminal Justice Act 1991 2(2)(b)

 
Regina v Gaskin Times, 15 August 1996
15 Aug 1996
CACD

Criminal Sentencing
Sentence for threat to kill should allow for whether victim continued in to be in fear.

 
Feltis, Regina v [1996] EWCA Crim 776
19 Aug 1996
CACD

Criminal Sentencing
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 "
Computer Misuse Act 1990
[ Bailii ]
 
Yassin v Attorney-General of Guyana (unreported), Unreported, 30 August 1996
30 Aug 1996

Fitzpatrick JA
Criminal Sentencing
(Court of Appeal of Guyana) “Add to this the notorious fact that in Guyana for some years as a matter of executive policy the death penalty is only implemented in some, not all, cases of persons convicted of murder, and the ‘sifting out’ of those cases in which the [offenders] are found not to warrant the ultimate penalty is done by means of the exercise of the prerogative of mercy rather than by amendment of the law relating to capital punishment.”
1 Citers


 
Regina v Thompson (John); Regina v Smith (Anthony) Times, 16 September 1996
16 Sep 1996
CACD

Criminal Sentencing
Court may use information gleaned from a drugs trafficking enquiry to judge offence seriousness.

 
Regina v Secretary of State for the Home Department Ex Parte Naughton Times, 17 September 1996
17 Sep 1996
QBD

Criminal Sentencing
Concurrent sentences are to be treated as one sentence, when calculating the credit to be given to a defendant for time spent on remand awaiting trial.
Criminal Justice Act 1967 s67 104

 
Regina v Buckman [1996] EWCA Crim 864; [1997] 1 Cr App R (S)325
3 Oct 1996
CACD
Brooke LJ
Criminal Sentencing
When considering a confiscation order which would affect the wife of the accused, and where property is held in joint names, the court should start with the prima facie position as to where the beneficial interests lay and then go on to find whether there are gifts caught by the Act which ought then to increase the realisable value of the property within the meaning of section 6 of the Act.
Drug Trafficking Act 1994 31(4)
1 Citers

[ Bailii ]
 
Canterbury City Council v Deborah Jane Ferris [1996] EWHC Admin 84
7 Oct 1996
Admn

Criminal Sentencing
Whether magistrates could impose less than minimum fine.
Environmental Protection Act 1990 80
[ Bailii ]
 
Dwight Lamott Henfield v The Attorney General of the Commonwealth of The Bahamas (Appeal No 26 of 1996) and Ricardo Farrington v The Attorney General of the Commonwealth of The Bahamas Times, 18 October 1996; [1996] UKPC 36; [1997] AC 413; Appeal No 26 of 1996 and Appeal No 37 of 1996; [1996] UKPC 4
14 Oct 1996
PC

Human Rights, Criminal Sentencing, Commonwealth
(The Bahamas) A delay in carrying out an execution for 3.5 years, where the target delay had been set at 2 years, was inhuman treatment, and the execution should be set aside. The essential question in Pratt was whether the execution of a man following long delay after his sentence to death can amount to inhuman punishment contrary to Article 17(1).
1 Cites

1 Citers

[ PC ] - [ Bailii ] - [ Bailii ] - [ PC ]
 
Attorney General's Reference No 36 of 1996 Under Section 36 of Criminal Justice Act 1988: Regina v Johnson [1996] EWCA Crim 1070; [1997] 1 Cr App R (S) 363
15 Oct 1996
CACD
Lord Bingham
Criminal Sentencing
The minimum approriate sentence for an offence of s18 wounding was 4 years.
Offences Against the Persons Act 1861 18
1 Citers

[ Bailii ]
 
Attorney General's Reference No 31 of 1995, Regina v Henry [1996] EWCA Crim 1110; [1996] 1 Cr App R (S) 11
17 Oct 1996
CACD

Criminal Sentencing

Criminal Justice Act 1988 36
1 Citers

[ Bailii ]
 
Regina v Coleman [1996] EWCA Crim 124
17 Oct 1996
CACD

Criminal Sentencing
The defendant had been convicted of ram-raiding and sentenced to a term of imprisonment. He appealed a driving ban imposed at the same time on the basis that it should not exceed the term of imprisonment. Held: Though this was a well recognised consideration, it was not a principle. The ban was reduced, but still to a period in excess of the term of imprisonment.
[ Bailii ]
 
Regina v Grimsby and Cleethorpes Justices (ex parte Kenneth John Walters) Times, 14 November 1996; [1996] EWHC Admin 136
22 Oct 1996
Admn

Criminal Sentencing, Magistrates, Prisons
A sentence takes immediate effect as it is pronounced, thus allowing a defendant to be treated as a serving prisoner immediately.
Magistrates Courts Act 1980 82(3)(a)
[ Bailii ]
 
Regina v Stewart [1996] EWCA Crim 1187
23 Oct 1996
CACD

Criminal Sentencing
The defendant appealed a sentence of 12 months detention in a Young Offender Institution. She and an older girl had followed another girl and robbed her violently. She now had a baby, and argued that her young age suggested a shorter sentence. Held: This robbery was vicious, planned and violent. Appeal dismissed.
1 Cites

[ Bailii ]
 
Regina v Biddle, IR [1996] EWCA Crim 1198
24 Oct 1996
CACD

Criminal Sentencing
The defendant appealed sentences of five years for indecent assaults on strangers in public places at night. One was on a girl of 16, and the offences. Were committed within a short time of each other. He had denied the offences despite clear identifications. The sentences were not a moment too long.
Criminal Justice Act 1991 44
1 Cites

[ Bailii ]
 
Regina v Stacey [1996] EWCA Crim 1199
24 Oct 1996
CACD

Criminal Sentencing
The defendant appealed sentence on several very serious offences of rape and sexual assault of young girls in his care. The total sentence was ten years. Held: Sentencing in such cases must turn on the facts of each case. The pre-sentence report showed him still minimizing the effect of his crimes. It was a horrendous case, the appeal was dismissed.
Criminal Justice Act 1991 44
1 Cites

[ Bailii ]

 
 Regina v Middelkoop, Telli; CACD 25-Oct-1996 - [1996] EWCA Crim 1215
 
Regina v Atkinson [1996] EWCA Crim 1275
1 Nov 1996
CACD
Lord Justice Henry, Mr Justice Sedley, Recorder Of Liverpool
Criminal Sentencing
The applicant sought renewed leave to appeal his sentence of 54 months for handling stolen goods. The cases involved the potential 'ringing' of cars, and offences committed whilst on bail. He had pleaded guilty, and argued that the sentence was too long in view of that plea and family circumstances. The sentences individually were not criticised. The defendant was a professional crook, taking professional risks. Leave refused.
[ Bailii ]
 
Regina v Clarke (Terry) Times, 04 November 1996
4 Nov 1996
CACD

Criminal Sentencing
Former standards for firearms sentencing abrogated by Criminal Justice etc Act.

 
Regina v Gabbidon, Bramble [1996] EWCA Crim 1331
7 Nov 1996
CACD
Lord Justice Henry, Mr Justice Potts And The Recorder Of Liverpool
Criminal Sentencing
The defendants appealed sentences for serious, violent robberies taking place in burglaries of domestic properties, with long lasting effects on the victims. Held: The section had been correctly applied. The court reviewed authorities on sentencing for such matters. 12 years was appropriate for the robberies, with 5 years added to protect the public.
Criminal Justice Act 1991 2(2)(b)
1 Cites

1 Citers

[ Bailii ]
 
Regina v Ward; Regina v Hewitt etc Gazette, 27 November 1996; Times, 12 November 1996
12 Nov 1996
CACD

Criminal Sentencing
Sentence for conspiracy longer than for underlying offence of criminal damage.


 
 Regina v Governor of Brockhill Prison ex parte Evans; Regina v Governor of Onley Young Offender Institution Rugby ex parte Paul Reid; CACD 15-Nov-1996 - Times, 20 November 1996; Gazette, 13 December 1996; [1996] EWHC Admin 234
 
Regina v Latham Times, 15 November 1996
15 Nov 1996
CACD

Criminal Sentencing
The Court of Appeal may change a sentence tariff on a reference for leniency, but not against this defendant.
Criminal Justice Act 1988 36

 
Regina v Scammell [1996] EWCA Crim 1448; [1996] EWCA Crim 1447
15 Nov 1996
CACD

Criminal Sentencing
Appeal against sentence for threats to kill and false imprisonment (six years) - Dismissed
Criminal Justice Act 1991 2(2)(b)


 
 Regina v Collard; CACD 22-Nov-1996 - [1996] EWCA Crim 1508
 
Regina v M [1996] EWCA Crim 1554
27 Nov 1996
CACD

Criminal Sentencing
Credit was to be given for the defendant's having provided information to the police about co-accused.
[ Bailii ]
 
Regina v Secretary of State for Home Department ex parte Martin Lillycrop; Regina v Secretary of State for Home Department ex parte Ronald George Powell; Regina v Secretary of State for Home Department ex parte Andrew Scott Times, 13 December 1996; [1996] EWHC Admin 281
27 Nov 1996
Admn
Mr Justice Butterfield
Criminal Sentencing, Prisons
A continued denial of guilt alone is not sufficient to deny prisoner parole. "We consider that the Parole Board must approach its consideration of any application for parole on the basis that the Applicant has committed the offences of which he has been convicted. It is not the function of the Parole Board to investigate possible miscarriages of justice or to give effect in their considerations to any personal misgivings they may have about the correctness of any particular conviction." and "Thus, it is said that whilst the Parole Board certainly take the completion of a course of treatment as a positive factor in favour of any Applicant, the failure to complete such a course because of the denial of the commission of the offence leading to imprisonment should not be taken as a negative factor. In our judgment, this submission over simplifies the position." and "That being so, where the pattern of offending behaviour is such that there is a significant risk of a further offence being committed, particularly an offence of a violent or a sexual nature, and an applicant does not demonstrate by his conduct in prison that such risk has been reduced to acceptable level, then a recommendation for parole is unlikely to be made. The conduct in prison to which a panel of the Parole Board will inevitably and rightly look, will be the extent to which the applicant has examined the behaviour which has led to his imprisonment. Where, because of denial that the offence has been committed, no such examination has taken place, it will be more difficult for an applicant to satisfy the Board that the risk he posed when he was sentenced to a term of imprisonment has been reduced to an acceptable level. We repeat in emphasis that each case must turn on its own particular facts."
1 Citers

[ Bailii ]
 
Regina v Noel [1996] EWCA Crim 1573
29 Nov 1996
CACD

Criminal Sentencing, Road Traffic
The defendant appealed a sentence of 9 months' detention in a young offender institution for driving whilst disqualified. Held: The driving had caused some danger, and he had never held a licence. The sentence stood.
[ Bailii ]
 
Regina v Beresford [1996] EWCA Crim 1596
2 Dec 1996
CACD

Criminal Sentencing
The appellant appealed a sentence of 30 months for arson being reckless as to whether life was endangered. He was in breach of probation, and admitted various other offences. He suffered mental and drug related problems. The offence was a worsening of his behaviour, and there was nowhere secure to take him whilst being treated. Nevertheless, in the actual circumstances of the defendant and his offence, eighteen months was appropriate.
[ Bailii ]
 
Regina v Coughlan [1996] EWCA Crim 1597
2 Dec 1996
CACD

Criminal Sentencing
The appellant appealed sentences for burglary. He had 17 previous conviction, and, on one occasion, 91 offences taken into consideration. The offences were convicted whilst released on licence. He had been sentenced to five years plus some consecutive elements. The sentence was proper, and the appeal refused.
Criminal Justice Act 1991 29
[ Bailii ]
 
Regina v Hoare [1996] EWCA Crim 1599
2 Dec 1996
CACD

Criminal Sentencing
The appellant had been convicted of a robbery, being during a burglary of a dwelling house at night. He had pleaded guilty, but appealed his sentence of eight years. The judge failed to say what starting point he had used before allowing any discount for the guilty plea. The proper starting point for a burglary by a man of bad character, in the small hours, bringing along a 15 year old, using gratuitous violence and slashing a man's face in his own home could have been 10 years. 8 years was not wrong.
1 Cites

[ Bailii ]

 
 Regina v Clark, Bentham; CACD 5-Dec-1996 - Times, 08 January 1997; [1996] EWCA Crim 1636
 
Regina v Dore [1997] Crim LR 299; [1996] EWCA Crim 1802; [1997] 2 Cr App R(S) 152
19 Dec 1996
CACD
Lord Bingham CJ
Criminal Sentencing
A confiscation order was to be made. The judge included the purchase price of the drugs forfeited. Held: As the drugs had been forfeited they were no longer the property of the former owner. So he was in no position to realise that property as an asset.
Lord Bingham CJ said: "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."
Drug Trafficking Act 1994 2
1 Cites

1 Citers


 
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