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Criminal Sentencing - From: 1998 To: 1998

This page lists 98 cases, and was prepared on 21 May 2019.

 
Regina v Hutton [1998] NIJB 27
1998
QBNI
MacDermott LJ
Criminal Sentencing
MacDermott LJ said: "The attitude of the courts in this jurisdiction to the offence of supplying proscribed drugs is well known (see the observation of the Lord Chief Justice in Haveron and a series of subsequent cases). In short the courts in this jurisdiction view the supply or possession with intent to supply, of any controlled drug, whether of class A or class B, as a serious offence which will almost inevitably attract an immediate custodial sentence."
1 Citers


 
Ibbotson v United Kingdom 40146/98; [1999] Crim LR 153; (1998) 27 EHRR CD332; [1998] ECHR 119
1998
ECHR

Criminal Sentencing, Human Rights
While the applicant was serving a sentence for possession of obscene material, the 1997 Act came into force, requiring him to register with the police. It was argued that the passing of the Act and its impact on the offender involved a "penalty" within the meaning of Article 7. The registration requirements applied automatically to an offender in the applicant's position in that case and the judge had no role in the imposition of the Act's requirements. Held: "Overall the Commission considers that, given in particular the way in which the measures imposed by the Act operate completely separately from the ordinary sentencing procedures, and the fact that the measures do not, ultimately, require more than mere registration, it cannot be said that the measures imposed on the applicant amounted to a 'penalty' within the meaning of Article 7 of the Convention."
Sex Offenders Act 1997
1 Citers

[ Bailii ]
 
Regina v McIlwaine [1998] NI 136
1998
CANI
MacDermott LJ
Northern Ireland, Criminal Sentencing
The court dismissed an appeal against a sentence of four years imprisonment for possession of 9.88 kilos of cannabis resin with a street value of £100,000: "So we return to the question—was this sentence manifestly excessive? We are satisfied that it was not. Even allowing for the early guilty plea we would not have interfered with a five-year sentence. This was a substantial quantity of cannabis, no assistance was given to the police by the appellant who already had a relevant conviction. We would repeat yet again—those who offend in this way will on conviction receive lengthy custodial sentences. The public is entitled to be protected from the evil of drug abuse and it is the duty of judges in this jurisdiction to make it clear that they will seek to discourage anyone from participating in that trade."
1 Citers



 
 Regina v Stokes; 1998 - [1998] 1 Cr App R (S) 282
 
Regina v Coates Unreported, 1998
1998
CANI
MacDermott LJ
Northern Ireland, Criminal Sentencing
The Court dismissed an appeal against a sentence of 10 years' imprisonment imposed for armed robbery of almost £9,000 from a bank: "Armed robbery at banks is a growing form of criminal activity and the efforts of the courts to deter do not appear to be achieving appreciable success. Accordingly we are satisfied that the present situation requires us to . . to affirm that 15 years is the correct starting point when seeking to sentence a prisoner convicted of armed robbery . . that figure will, of course, be varied to reflect relevant aggravating and mitigating factors."
1 Citers


 
Regina v Ronchette and Others Gazette, 14 January 1998; Times, 09 December 1997
14 Jan 1998
CACD

Criminal Sentencing
Review of sentencing guidelines for importation of large amounts of cannabis. The guideline sentences are to be reduced.
Misuse of Drugs Act 1981

 
Regina v Secretary of State for the Home Department ex parte Kitaya Times, 20 January 1998
20 Jan 1998
QBD

Criminal Sentencing
Time on remand can only count once toward sentence and for offence for which on remand; no other sentence unless concurrent or consecutive.

 
Regina v Governor of Glen Parva Young Offenders Institution Ex Parte G Times, 24 January 1998; Gazette, 04 February 1998
24 Jan 1998
QBD

Criminal Sentencing
The court may not hold defendant arrested for breach of bail conditions after 24 hours after arrest. Bringing the defendant to the court building within the time limit is not enough, the case against the defendant must actually be heard within the time limit.
Bail Act 1976 7(4)(a)

 
Practice Direction (Custodial Sentences: Explanations) Times, 24 January 1998; [1998] 1 WLR 278
24 Jan 1998
LCJ
Lord Bingham of Cornhill CJ
Criminal Sentencing
Courts sentencing offenders to imprisonment are now to explain the effect of remission etc in open court when sentencing; the exact form of words was set out.
1 Citers


 
Regina v Fadden Times, 26 January 1998
26 Jan 1998
CACD

Criminal Sentencing
In assessment of proceeds of drug trafficking, court not to treat money launderers as a special case despite statutory distinction.
Drug Trafficking Offenders Act 1994 4(5)

 
Regina v Sheffield Youth Justices ex parte M Times, 29 January 1998
29 Jan 1998
QBD

Criminal Sentencing
Courts which were considering detaining an offender between 12 and 15 years old should be asked to consider the new section 1 even though the section was not yet in force.
Criminal Justice and Public Order Act 1994 1 - Children and Young Persons Act 1933

 
Regina v Hussein Kaynak Tomas Honz Muslum Simsek Ali Aksu [1998] EWCA Crim 356
3 Feb 1998
CACD

Criminal Sentencing
The case involved the importation of 100 kilos of heroin at 100% purity, with a street value of £14 million, a sentence of 30 years imposed upon a high middle-ranking participant in the conspiracy following trial was reduced from 30 years to 24 years, the sentence upon a less important mid-ranker who had pleaded guilty being reduced from 20 to 15 years.
Customs and Excise Management Act 1979 170(2)(b)
1 Cites

[ Bailii ]
 
Regina v Hastings and Rother Justices ex parte David Graham Anscombe [1998] EWHC Admin 146; (1998) 162 JP 340
5 Feb 1998
Admn
Schiemann LJ
Criminal Sentencing

1 Citers

[ Bailii ]
 
Regina v Harwarden Justices ex parte Mark Anthony Evans [1998] EWHC Admin 160
10 Feb 1998
Admn

Magistrates, Criminal Sentencing
Application for judicial review of a decision committing the applicant to a period of 20 days' imprisonment for failure by reason of culpable neglect to meet a requirement to pay his community charge.
[ Bailii ]
 
Regina v Secretary of State for the Home Department ex parte Kitaya Gazette, 11 February 1998
11 Feb 1998
QBD

Criminal Sentencing
Time on remand can only count once toward sentence and for offence for which on remand; no other sentence unless concurrent or consecutive.

 
Regina v Ball, Regina v Rugg Times, 17 February 1998
17 Feb 1998
CMAC

Criminal Sentencing, Armed Forces
A sentence to military detention is more severe than is civil imprisonment because the system provided less remission. A simple substitution of sentence guidelines from non-military courts was wrong.
Army Act 1955 71

 
Regina v McMaster; Regina v Case Times, 20 February 1998
20 Feb 1998
CACD

Criminal Sentencing
Exemplary sentences (4 and 3 years) are required for group attack kicking and otherwise attacking the victim on the ground.

 
Williams, Regina v [1998] EWCA Crim 639
20 Feb 1998
CACD
Hutchison LJ, Mance J, Ann Goddard QC
Criminal Sentencing, Road Traffic

[ Bailii ]
 
Regina v Anomo Times, 26 February 1998
26 Feb 1998
CACD

Criminal Sentencing
Crown Court has power to order sentence consecutive to contempt sentence imposed by civil court even though indeterminate.


 
 Regina v Hunter (Glen Ronald); CACD 26-Feb-1998 - Times, 26 February 1998
 
Regina v Sakir Kayar [1998] EWCA Crim 753; [1998] 2 Cr App R (S) 355
2 Mar 1998
CACD

Criminal Sentencing
A sentence of 20 years’ imprisonment imposed following trial was reduced to one of 16 years in respect of an offender who had organised the importation of a 10.3 kilo consignment of heroin.
Customs and Excise Management Act 1979 170(2)
1 Cites

1 Citers

[ Bailii ]
 
Regina v Wilsdon [1998] EWCA Crim 775
3 Mar 1998
CACD
Brian Walsh QC, Waller LJ, Hooper LJ
Criminal Sentencing, Road Traffic
The defendant renewed his application for leave to appeal against his sentence of twelve months imprisonment after conviction for causing death by dangerous driving. He had been driving a slow moving agricultural vehicle along a road. It was evening, and the vehicle was being driven without lights. The other driver had come upon the farm vehicle and been obliged to overtake to avoid a collision. The overtaking vehicle ran head first into an oncoming vehicle, and the driver died. Some of the lights on the appellant's vehicles were obscured by mud, and other parts of the trailer or had been removed. Held: "The gravamen of this case, and indeed this type of case, lies in causing that vehicle to go out on to the road at that time of day in the condition in which it was, that is to say dusk or dark, as the witnesses say, with no visible lights. Instead of walking the short, five to ten minutes (if that), distance home to collect another vehicle, the applicant decided to take a chance and thereby take a risk of the safety of anyone who happened to be driving along the road behind him or, indeed, to a certain extent, in front of him. That was a dangerous thing to do, and it should have become obvious; indeed on the basis of what he said to the police it was obvious, both to the applicant and to any careful and competent person. An immediate custodial sentence was required" The sentence was in no way excessive or wrong. Leave refused.
[ Bailii ]
 
Regina v Tonnessen Times, 03 March 1998
3 Mar 1998
CACD

Criminal Sentencing
If offence might not have been committed but for entrapment, this is to be reflected openly in the sentence; particularly if by journalist.


 
 Regina v Secretary of State for the Home Department and Another, ex parte Francois; HL 12-Mar-1998 - Times, 13 March 1998; [1998] UKHL 11; [1998] 1 All ER 929; [1998] 2 WLR 530; [1999] AC 43

 
 Regina v Secretary of State For The Home Department Ex Parte Stafford; HL 12-Mar-1998 - Times, 24 July 1998; Gazette, 09 September 1998; [1998] UKHL 30; [1999] AC 38; [1998] 4 All ER 7; [1998] 3 WLR 372

 
 Regina v City of London Justices Ex Parte Chapman; QBD 17-Mar-1998 - Times, 17 March 1998

 
 Regina v Zafar, Browne, Green; CACD 20-Mar-1998 - Times, 05 May 1998; [1998] EWCA Crim 1019
 
Regina v Rafferty Times, 09 April 1998; (1998) 2 Cr App R (S) 449, 450; [1998] EWCA Crim 1126
30 Mar 1998
CACD

Criminal Sentencing
A defendant indicating guilt at the plea before venue hearing was entitled to greater discount for that guilty plea than a defendant entering plea at the pre trial review at Crown Court. Crown Courts are to reduce sentencing discounts accordingly.
Magistrates Courts Act 1980 17A 17B 17C
1 Citers

[ Bailii ]

 
 Regina v Secretary of State for Home Department ex parte Ali Dinc; Admn 3-Apr-1998 - [1998] EWHC Admin 403; [1999] 1NLR 256

 
 Regina v Marklew, Lambert; CACD 6-Apr-1998 - [1998] EWCA Crim 1188; [1999] 1 Cr App R (S) 6
 
Regina v M (Young Offender: Time In Custody on Remand); Regina v L (Young Offender: Time In Custody on Remand) Times, 07 April 1998
7 Apr 1998
CACD

Criminal Sentencing
When sentencing a young offender to a discretionary life sentence time spent on remand should be credited by making allowance before fixing the notional determinate part of the sentence, and specify the time before parole.
Crime (Sentences) Act 1997

 
Regina v Tolera Times, 28 April 1998; [1998] EWCA Crim 1219; [1999] 1Cr App R 29
7 Apr 1998
CACD
Lord Bingham LCJ
Criminal Practice, Criminal Sentencing
A defendant asking to be sentenced on a factual basis other than the prosecution sought, should first put the basis in writing. Where the differences might affect sentence then a Newton hearing would be appropriate. Where a defendant's account, as disclosed to a probation officer for the purposes of a pre-sentence report, differed from the Crown's case, the defendant should draw the passage to the attention of the court and if the court did not accept a defendant's account it should make that clear before sentence.
1 Citers

[ Bailii ]
 
Regina v Lennon [1998] EWCA Crim 1216; [1999] 1 Cr App R (S) 19
7 Apr 1998
CACD

Criminal Sentencing

1 Citers

[ Bailii ]
 
Regina v Karl Michael Hawkins [1998] EWCA Crim 1277
22 Apr 1998
CACD
Lord Justice Judge, Mr Justice Mitchell And Recorder Of Birmingham His Honour Judge Peter Crawford Qc
Criminal Sentencing
The defendant appealed against a sentence of six years imprisonment for arson being reckless as to whether life was endangered. He had set fire to his flat in a tower block. The neighbour was an elderly housebound lady. The offence was very serious, but nobody was hurt, and the sentence was out of line with other sentences for similar offences, and was reduced to four and a half years.
Criminal Damage Act 1971 1(2) 3
[ Bailii ]
 
Regina v Abrar Ahmed [1998] EWCA Crim 1276
22 Apr 1998
CACD
Lord Justice Judge, Mr Justice Mitchell, And Recorder Of Birmingham His Honour Judge Peter Crawford QC
Criminal Sentencing
The defendant was convicted of offering to supply class A drugs. The prosecution opened the case in detail and on a basis which allowed confusion as to certain offences not admitted. The judge continued the confusion, and sentenced him to eight years. The court of appeal held that there was no evidence that he had in fact supplied Class A drugs, and the sentence was reduced to four and a half years.
[ Bailii ]
 
Regina v Leslie Roy Wren [1998] EWCA Crim 1275
22 Apr 1998
CACD
Lord Justice Judge, Mr Justice Mitchell, And Recorder Of Birmingham His Honour Judge Peter Crawford QC
Criminal Sentencing
The defendant appealed against a sentence of twelve years for burglary with intent to rape. The victim was an acquaintance, and though violence was used, he abandoned the attempt. He was of good previous character, and indicated from the time of interview that he regretted what he had done, and indicated a guilty plea from the earliest stage possible. Twelve years was manifestly too long, and nine years was substituted.
[ Bailii ]
 
Regina v Andrew Stanley Cole [1998] EWCA Crim 1274
22 Apr 1998
CACD
Lord Justice Judge, Mr Justice Mitchell And Recorder Of Birmingham His Honour Judge Peter Crawford QC
Criminal Sentencing
The defendant having been convicted of drug offences was subject to an application for confiscation of his assets. For various reasons, including the illness of the judge, the decision was not made within the 6 month period. The court held that the postponement having been made in open court by the judge within the period, it was up to him to decide whether the circumstances were exceptional. The order stood.
Drug Trafficking Act 1994 3(1)
[ Bailii ]
 
Regina v Robin Peter Gray [1998] EWCA Crim 1273
22 Apr 1998
CACD
Lord Justice Judge, Mr Justice Mitchell And Recorder Of Birmingham His Honour Judge Peter Crawford Qc
Criminal Sentencing
Having been released on licence for an offence of violence, the appellant was found in a house with many racist and violent magazines. He was sentenced to twelve months. That offence was appropriate. The views of society have moved on, and older cases for sentencing in such cases should not be relied upon. Although the case was not exactly of the nature of the offence for which he was on licence, it was wrong to disregard the potentially violent character of the offence and the short period since release. It was appropriate to order his return to prison to serve the balance of his sentence.
Criminal Justice Act 1991 40 - Public Order Act 1986 23(1)
[ Bailii ]
 
Regina v John Hoy [1998] EWCA Crim 1272
22 Apr 1998
CACD

Criminal Sentencing
The appellant had been convicted of assorted offences of making threats to kill and assault. He appealed against sentence of three years. He had not been to prison before, had had a good work record, and had been under pressure. Nevertheless, the offence was serious, and had included assaulting a police officer with a chair, causing permanent damage. The sentence was appropriate.
[ Bailii ]

 
 Regina v Brown (AA); CACD 22-Apr-1998 - [1998] EWCA Crim 1269
 
Regina v Dixon [1998] EWCA Crim 1282
23 Apr 1998
CACD
Judge J, Mitchell J, Crawford QC J
Criminal Sentencing
The appellant left court having been sentenced for possession of cannabis. Within two days had had been twice arrested for possession, and with intent to supply, and for having an offensive weapon. Held: Sentences of six and eighteen months were reduced to a total of eighteen months for the drugs offences.


 
 Regina v Franklin; CACD 23-Apr-1998 - [1998] EWCA Crim 1281

 
 Regina v Atie; CACD 23-Apr-1998 - [1998] EWCA Crim 1280
 
A and B, Regina v [1998] EWCA Crim 3529; [1999] 1 Cr App R (S) 52
23 Apr 1998
CACD
Lord Bingham of Cornhill LCJ, Tirner J, Penry-Davey J
Criminal Sentencing
The two defendants appealed against sentences for being involved in importation of drugs. They said that they had assisted the police. Held: The Court of Appeal Criminal Division is, in relation to sentencing, a court of review. Its function is to review sentences passed below, and not to conduct a sentencing hearing.
1 Citers

[ Bailii ]
 
Regina v L (Indecent Assault: Sentencing) Times, 28 April 1998
28 Apr 1998
CACD

Criminal Sentencing
Where the statutory maximum for sentence had been altered, any sentence based on guideline cases in force before the alteration had to be looked at in the light of the maximum applying at the time.


 
 Regina v Hay; CACD 28-Apr-1998 - [1998] EWCA Crim 1384
 
Regina v Wright, (Aka Stringer) [1998] EWCA Crim 1385
28 Apr 1998
CACD
Lord Justice Judge, Mr Justice Curtis, And Recorder Of Birmingham His Honour Judge Peter Crawford Qc (Acting As A Judge Of The Court Of Appeal Criminal Division)
Criminal Sentencing
The defendant had been convicted of stealing whisky from a shop, assaulting an assistant who tried to stop him, and giving a false name. He had a terrible record, and was on probation, and on bail. He was sentenced to three years. He appealed. Although the court felt he had been under-sentenced in the past, the total was too long, in view of his youth. The total was reduced to two years.


 
 Regina v Mould, Edwards, Leivers; CACD 28-Apr-1998 - [1998] CA Crim 1386
 
Regina v Blackburn [1998] EWCA Crim 1389
28 Apr 1998
CACD
Lord Justice Judge, Mr Justice Curtis, And Recorder Of Birmingham His Honour Judge Peter Crawford Qc
Criminal Sentencing
The defendant appealed sentences in respect of convictions for robbery and the supply of Class A drugs. The totality of sentences over two indictments was six years. The individual sentences were correct, and the consecutive sentencing was correct, but the total was excessive. The sentence was reduced to five years by taking six months each of the two longer sentences on the separate indictments.
[ Bailii ]

 
 Gilding v Director of Public Prosecutions; QBD 29-Apr-1998 - Times, 20 May 1998; [1998] EWHC Admin 469
 
Regina v Wood and Maguire [1998] EWCA Crim 1439; [1998] Crim LR 213
30 Apr 1998
CACD

Criminal Sentencing

Criminal Justice Act 1988 23
1 Cites

1 Citers


 
Regina v A (Informer: Reduction of Sentence); Regina v B (Same) Times, 01 May 1998
1 May 1998
CACD

Criminal Sentencing
A defendant pleading guilty, and giving significant help to the police may be given a discount on sentence and if sentencer fails to allow proper discount this may be corrected on appeal.

 
Regina v Dosanjh Gazette, 03 June 1998; Times, 07 May 1998; [1998] EWCA Crim 1450; [1998] 3 All ER 618; [1999] 1Cr App R (S)107; [1998] Crim LR 593; [1999] 1 Cr App R 371
1 May 1998
CACD
Rose VPCACD LJ, Butterfield, Richards JJ
Customs and Excise, Criminal Sentencing
In cases involving repeated, and continuing abuse of the personal import allowances system, courts should pay less attention to mitigating factors. The standards for prison terms for different values and the court gave giuidance as to when consecutive offences were correct.
Customs and Excise Management Act 1979 170(1)(b)
1 Citers

[ Bailii ]

 
 Regina v Tivnan; CACD 6-May-1998 - Gazette, 28 May 1998; Times, 06 May 1998; [1998] EWCA Crim 1370; [1999] 1 Cr App R(S) 92; [1998] Crim LR 591
 
Regina v Ollerenshaw Times, 06 May 1998
6 May 1998
CACD

Criminal Sentencing
Where a court was considering a short term of imprisonment, the court should ask itself whether a term shorter than usual could be employed without reducing the deterrent effect.

 
Regina v B (Young Offender: Sentencing Powers) Times, 14 May 1998
14 May 1998
CACD

Criminal Sentencing
There should be a recognition of the need for flexibility in youth sentencing. In the section 'suitable' can mean more than just the length of a sentence and allowance made for therapeutic needs
Children and Young Persons Act 1933 44 53(3)


 
 Regina v Davis and Davis; CACD 14-May-1998 - [1998] EWCA Crim 1589
 
Regina v Wijs and Related Appeals Times, 21 May 1998
21 May 1998
CACD

Criminal Sentencing
New sentencing guidelines for importation of substantial quantities of amphetamines. Greater dilution and profit made comparison with cannabis importation unhelpful.
Misuse of Drugs Act 1981


 
 Regina v Latif and Latif; CACD 21-May-1998 - [1998] EWCA Crim 1689
 
Regina v Stratford Youth Court ex parte S Times, 28 May 1998
28 May 1998
QBD

Criminal Sentencing
Youths before courts are subject to standard 56 day custody time limit. A court deciding whether to commit a youth to secure accommodation, may admit hearsay evidence on the need for such care.
Prosecution of Offences (Custody Time Limits) Regulations 1987 (1987 No 299)


 
 Regina v Osman; CACD 9-Jun-1998 - [1998] EWCA Crim 1844
 
Regina v Clark Gazette, 10 June 1998
10 Jun 1998
CACD

Criminal Sentencing
New sentencing guidelines and standards were given for cases of theft by an employee or in breach of trust. There should be a reduction to account for inflation. 21 months for theft of 17,500 after a not guilty trial is the new benchmark.
Theft Act 1968 1

 
Regina v Southend Justices Parole Board ex parte Glen Keys [1998] EWHC Admin 643
16 Jun 1998
Admn

Criminal Sentencing
The defendant challenged decisions to remit his case to the Crown Court for sentencing and of the Parole Board to revoke his licence.
[ Bailii ]
 
Stewart, Regina v [1998] EWCA Crim 1988
18 Jun 1998
CACD

Criminal Sentencing

[ Bailii ]
 
Regina v Governor HM Prison Brockhill, ex parte Michelle Carol Evans (No 2) Gazette, 03 September 1998; Times, 06 July 1998; [1998] EWCA Civ 1042; [1999] QB 1043
19 Jun 1998
CA
Lord Woolf MR, Judge LJ, Roch LJ (dissenting)
Torts - Other, Criminal Sentencing, Damages
The plaintiff was serving a sentence of imprisonment. Her detention was correctly calculated in accordance with the law as understood. That method was later disapproved when the Divisional Court laid down (everyone has assumed correctly) a different method of calculation. If that new method of calculation was adopted the plaintiff had been detained for 59 days too long. The plaintiff claimed damages for false imprisonment. Held: The retrospective effect of the change in the law produced by the last Divisional Court decision prevented the Governor from relying as a defence on the law as it had been declared by the earlier Divisional Court decisions which at the time of the 59 days' detention laid down the relevant law. Court decisions on the application of rules for the calculation of 'time served' whilst a prisoner awaited trial are retrospective in effect. Damages for wrongful imprisonment were to be calculated on basis of the decision made subsequent to the prisoner's release. The idea of the prospective overruling of a judgment has much to commend it.
Criminal Justice Act 1991 33 41 51
1 Citers

[ Bailii ]
 
Regina v Manning [1999] QB 980; [1998] EWCA Crim 2074; [1998] EWCA Crim 2073; [1999] Crim LR 151; [1999] 2 WLR 430; [1998] 2 Cr App R 461; [1998] 4 All ER 876
24 Jun 1998
CACD

Crime, Criminal Sentencing
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad. Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and Wales. The correct rule was that before an English court could try an offence it was necessary, not only for the defendant to be physically within the jurisdiction, but also that the act needed to complete the offence, here the crediting of the money, had to take place within the jurisdiction. This rule had not been replaced by a theory that an offence would be triable in England even if the last act did not take place here provided that there was nothing contrary to international comity in the English court assuming jurisdiction. The Crown Court had no jurisdiction to try the counts on the indictment.
Theft Act 1968 17(1) 20(2)
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]
 
Regina v B (Candi) (Young Offender: Sentencing Powers) Gazette, 24 June 1998
24 Jun 1998
CACD

Criminal Sentencing
There should be a recognition of the need for flexibility in youth sentencing. In the section 'suitable' can mean more than just the length of a sentence and allowance made for therapeutic needs.
Children and Young Persons Act 1933 44 53(3)

 
Regina v Lennon Gazette, 01 July 1998
1 Jul 1998
CACD

Criminal Sentencing
In cases of sex assault, it was dangerous to apply tariffs. Each case is to be judged on its own facts, and also viewed against the light of the statutory sentencing regime applying at the time of the offences

 
Regina v Feltham Justices ex parte Sharmake Haid [1998] EWHC Admin 744
13 Jul 1998
Admn

Criminal Sentencing

[ Bailii ]
 
Regina v Dover Youth Court Ex Parte K (A Minor) Times, 22 July 1998; Gazette, 29 July 1998
22 Jul 1998
QBD

Criminal Sentencing
The Court was not entitled, when combining sentences of a youth, to make a total order allowing detention to include sentences for offences which themselves were under the statutory two month minimum.
Criminal Justice Act 1982 1A(3) 4A

 
Regina v Rosenburg [1999] 1 Cr App R(S) 365; [1998] EWCA Crim 2485
29 Jul 1998
CACD

Criminal Sentencing



 
 Regina v Howells, etc; CACD 30-Jul-1998 - Times, 21 August 1998; [1999] 1 WLR 307; [1998] EWCA Crim 2515; [1999] 1 Cr App R (S) 335

 
 Regina v Mitchell; CACD 4-Sep-1998 - Times, 04 September 1998
 
Regina v Harvey Gazette, 23 September 1998; Times, 14 October 1998
23 Sep 1998
CACD

Criminal Sentencing
When imposing a criminal confiscation order it was within a judge's proper discretion to conclude on uncertain matters. This could include as here a valuation of a property and a judgement whether a charge on the property was unlikely to be enforced, and should be disregarded in calculating values available for order.
Criminal Justice Act 1988 74(4)

 
Regina v Darren Paul Wood [1998] EWCA Crim 2661
25 Sep 1998
CACD

Criminal Sentencing
The defendant appealed agaainst sentences of two months' imprisonment on each of three counts of handling stolen goods and one month's imprisonment concurrent in relation to the possession of some cannabis. Held: The sentences arose from a premeditated shoplifting spree. The sentence was correct, but a shorter sentence would have met the requirements of justice, and a sentence of 28 days was substituted.
[ Bailii ]

 
 Attorney General's Reference No 17 of 1998 (Stokes); CACD 2-Oct-1998 - Times, 12 October 1998; [1998] EWCA Crim 2720; [1999] 1 Cr App R (S) 407
 
Regina v Adrian Paul Newton [1998] EWCA Crim 2762
5 Oct 1998
CACD

Criminal Sentencing
The defendant appealed a sentence of five years for supplying heroin. He had no previous convictions, and had been injured in service as a fireman. He had fallen into financial difficulties and taken in lodgers, who had been dealing the drugs. He knew of their activities, and taken part, but his involvement was peripheral. He had pleaded guilty. A sentence of three years was substituted.
[ Bailii ]
 
Regina v Harper; Regina v Sabin Times, 12 October 1998
12 Oct 1998
CACD

Criminal Sentencing
The court was right to look beyond the facts of the instant case, and at the defendant's background history, when assessing whether it was necessary to impose an additional sentence for the protection of the public from a violent offender.
Criminal Justice Act 1991 2(2)(b)

 
Regina v General Officer Commanding, Second Division, the Army and Another, Ex Parte Buchanan (Chris Lee); Regina v Same Ex Parte Fals (Raymond Carbery) Times, 20 October 1998; [1998] EWHC Admin 955
14 Oct 1998
QBD

Criminal Sentencing, Armed Forces
When reviewing sentences imposed by military courts, the divisional court should not become an alternative Court of Appeal, but should still look at the overall position. The different treatments of time in close custody and on remand must be allowed for.
[ Bailii ]
 
Regina v Van Bingh Le; Regina v Stark Times, 15 October 1998
15 Oct 1998
CACD

Criminal Sentencing
A conviction for aiding entry of illegal immigrant will almost invariably lead to immediate imprisonment. Repeated offences, financial gain, involving relatives, and highly organised conspiracy were all aggravating factors.
Immigration Act 1971 25(1)(a)

 
Regina v Lauder Times, 05 November 1998; Gazette, 25 November 1998; [1998] EWCA Crim 3037
27 Oct 1998
CACD

Road Traffic, Crime, Criminal Sentencing
A defendant who had been convicted of manslaughter by using a motor vehicle or causing death by dangerous driving, or dangerous driving, must be required to take an extended driving test before his licence is returned. Courts have no discretion not to require a test.
Road Traffic Offenders Act 1988 36
[ Bailii ]

 
 Regina v Singh (Dara); CACD 28-Oct-1998 - Gazette, 04 November 1998; Times, 28 October 1998; Gazette, 25 November 1998
 
Regina v Singh [1998] EWCA Crim 3067
30 Oct 1998
CACD

Criminal Sentencing
Appeal against sentence for possession of false passport: "In our judgment, cases involving the use of false passports will almost always merit a significant period of custody. Taking account what this Court said in Ollerenshaw (23rd April 1998) this will usually be within the range of six to nine months, even on a guilty plea by a person of good character."
Forgery and Counterfeiting Act 1981 3
1 Cites

1 Citers

[ Bailii ]
 
Regina v Haringey Magistrates' Court ex parte Kla Berthe N'Guessan [1998] EWHC Admin 1036
3 Nov 1998
Admn

Criminal Sentencing

[ Bailii ]

 
 Hindley v Regina, Secretary Of State For The Home Department; CA 5-Nov-1998 - Times, 06 November 1998; [1998] EWCA Civ 1695; [2000] QB 152; [1999] 2 WLR 1253

 
 Regina v Willoughby; CACD 5-Nov-1998 - [1998] EWCA Crim 3129; Times, 21 December 2004

 
 Regina v Martin (PHS); CACD 5-Nov-1998 - Times, 05 November 1998; [1998] EWCA Crim 3046
 
Regina v F Howe and Son (Engineers) Limited Gazette, 13 January 1999; Gazette, 03 February 1999; Times, 27 November 1998; [1999] 2 All ER 249; [1998] EWCA Crim 3154
6 Nov 1998
CACD

Health and Safety, Criminal Sentencing
The general run of fines imposed for Health and Safety breaches is too low. Penalties should be increased where the standards were compromised for cost cutting, for the degree of lapse, and where a fatality resulted. The same standards apply for both small and large companies, but there can still be no general tariff.
Health and Safety at Work Act 1974
1 Citers

[ Bailii ]

 
 Regina v Benson; CACD 9-Nov-1998 - [1998] EWCA Crim 3187

 
 Regina v Oliver; CACD 11-Nov-1998 - Gazette, 11 November 1998
 
Regina v McCullough [1998] NIECA 1; [1998] NICA 1; [1999] NI 39
16 Nov 1998
CANI
Carswell LCJ
Crime, Criminal Sentencing, Northern Ireland
The defendant failed to appear at his trial. The judge urged the jury to 'use their common sense' in interpreting whether his non appearance indicated guilt. Even if there had been any unfairness in this, the judge's own summing up later remedied that failure. He had been sentenced to thirteen years for manslaughter committed in a serious, drunken, assault. Even though comparisons in such cases were of limited value, it was out of line with general trends, and a sentence of ten years was substituted.
[ Bailii ] - [ Bailii ]
 
Regina v Brown and Small [1998] EWHC Admin 1080
23 Nov 1998
Admn

Criminal Sentencing

[ Bailii ]
 
Regina v Secretary of State for the Home Department ex parte J; Regina v Same ex parte B Times, 02 December 1998
2 Dec 1998
CA

Criminal Sentencing
The policy of placing youths sentenced to young offenders institutions being placed in secure institutions rather than exceptionally only in community care establishments was a lawful policy grounded in statutory changes.
Children and Young Persons Act 1933 53

 
Regina v St Helen's Justices Ex Parte Jones; Regina v Ealing Justices Ex Parte Saleem; etc Times, 15 December 1998
15 Dec 1998
QBD

Criminal Sentencing
Where orders for committal for non-payment of fines were defective because the Magistrates had failed for example to have considered alternatives, a divisional court did not have power to re-sentence but only to remit the case back to the magistrates.
Supreme Court Act 1981 43(3)

 
Regina v Baker 98/0959/Z3; Unreported, 15 December 1998
15 Dec 1998
CACD
Pill LJ
Criminal Sentencing
The court faced an appeal against a sentence of 12 years’ imprisonment on pleas of guilty to 6 indecent assaults. The judge imposed 2 years’ imprisonment consecutive on each Count totalling 12 years. Held: The judge was purporting to exercise his powers under Section 2(2)(b). If the section was properly invoked the total sentence was justified even on guilty pleas. The court was however troubled as to whether the reference to the sentence "not exceeding the permitted maximum" in the section rendered the 12 year sentence unlawful. The court concluded that the section did not affect the principle that sentences for separate offences may in appropriate circumstances be consecutive or the principle that consecutive sentences may in total, and subject to the duty of ensuring that the totality of the consecutive sentences is not excessive, exceed the statutory maximum. "The section …is not concerned with and does not have the effect of eliminating or limiting the power of the Court to order sentences to run consecutively….The expression "maximum permitted sentence" applies to the sentence for an individual offence. Provided that does not exceed 10 years upon an exercise of the power (to impose a longer than commensurate sentence) there is no obstacle to aggregating other individual sentences which do not exceed that maximum. Moreover there is no obstacle to exercising the power (to impose a longer than commensurate sentence) in an individual sentence imposed consecutively to another sentence on which that power has been exercised." The court substituted terms of 6 years imprisonment as longer than commensurate sentences. The sentences on Counts 1 to 3 were ordered to run concurrently with each other; the sentences on Counts 4 to 6 were also ordered to run concurrently with each other but consecutively to the sentences imposed on Counts 1 to 3. The 12-year total thus remained.
Criminal Justice Act 1991 2(2)(b)
1 Citers


 
Regina v Goodwin; Regina v O'B; Regina v H Times, 28 December 1998
28 Dec 1998
CACD

Criminal Sentencing
The offence of wounding with intent will almost inevitably attract an immediate custodial sentence and even where the act was an over-reaction in self-defence. The offence was also an offence for which a second conviction would attract a life sentence.
Offences against the Person Act 1861 18 - Crime (Sentences) Act 1997 2

 
Regina v Kelly; R v Sandford Times, 29 December 1998
29 Dec 1998
CACD

Criminal Sentencing
The words of the Act imposing mandatory sentences save in exceptional cases are clear, and the word 'exceptional' has accepted meanings which are not to be extended by reference to the Convention on Human Rights. Mandatory life sentences were confirmed.
Crime (Sentences) Act 1997 2


 
 Regina v B (Longer Term Sentences); CACD 31-Dec-1998 - Times, 31 December 1998; Gazette, 03 February 1999
 
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